Industrial and Municipal Pump Equipment

ENHANCED LIMITED WARRANTY for Goldfinch DEF Safe Pump

Limited Warranty Policy Effective October 4, 2018

Valid in USA & Canada

This document contains the limited warranty offered by Goldfinch Pumps LLC. (“Goldfinch”) to the purchaser of products from Goldfinch (“Purchaser”) and sold by an authorized Goldfinch Pumps LLC (“Distributor”).

Goldfinch warrants to the Purchaser, under the terms and conditions hereof, that all products sold by Goldfinch (“Products”) shall be (i) manufactured in accordance with the agreed upon specifications, (ii) merchantable and free from defects in material and workmanship, and (iii) conveyed with good title, free from any liens, security interests or other encumbrances.

About parts manufactured by third parties (i.e. other than Goldfinch S.p.A.) warranty terms and

conditions are those provided by the original manufacturer.

 

Warranty Term:

Goldfinch limited warranty hereunder shall from the date of manufacture for all products.

Parts &  Labor: 12 months for Pump and Motor

Enhanced 4 YEAR Parts Warranty for PUMP ONLY

 

Product inspection:

Purchaser shall check all Products and items immediately upon receiving each shipment. Any

shortage, damages or discrepancy in shipments or noticeable defects of Products or other items must

be notified to Goldfinch in writing not later than three (3) days from receipt.

 

Duties of Goldfinch and Purchaser:

The sole obligation of Goldfinch in the event of breach of this limited warranty shall be, at Goldfinch’s reasonable judgment, either (i) to provide at no charge to Purchaser replacement parts for all defective parts; or (ii) to credit the purchase price for the defective product, in whole or in part.

Any labor required for repair or replacement at the location, installation or otherwise will done at no cost to the “Purchaser” for 12 months from the date of Manufacture.

Warranty claims hereunder must be filed promptly by an authorized Goldfinch distributor; must recite the nature and details of the claim, the date the cause of the claim was first observed, and the serial number of the Products or parts concerned; and must be received by Goldfinch no later than the date of expiration of the Warranty Term as above. Warranty claims can be filed via email info@goldfinchpumps.com or via phone 1 800 532 7099. Product(s) or parts cannot be returned to Goldfinch prior to an authorized Goldfinch distributor applying for and obtaining a written Return Material Authorization (RMA) /Confirmation Number from Goldfinch. Any unauthorized returns i.e. one for which a RMA/Confirmation Number has not been issued, will be returned to Purchaser at Purchaser’s expense.

 

Purchaser shall, when returning Products or parts, abide by the following:

1. Mark all packaging with the RMA/Confirmation Number; it needs to have the RMA number

outside to properly document Purchaser’s return. Missing this step will result in a box returned

to the sender.

2. Ship return goods (complete with all the parts and/or pieces it came with) to Goldfinch Pumps LLC at the given address.

Please write the RMA number on the shipping label

3. Attach proof of purchase.

 

PLEASE NOTE: All returns are subject to inspection upon arrival at Goldfinch. Goldfinch may approve or deny the claim and shall communicate its decision within five (5) days from receipt if Purchaser is a Goldfinch Distributor, otherwise as soon as practicable.

 

If a claim is accepted, Goldfinch will at reasonable discretion either credit the purchase price in whole or in part, or ship replacement Product(s) or part(s) to Purchaser.

All replaced parts shall become Goldfinch property upon their replacement.

It will be a Distributor’s responsibility to provide their customers with “loaner” equipment while their claim is under review.

 

Exclusions:

Goldfinch shall have no obligations under this warranty if:

a) replacement of Products or parts (e.g. O-rings, gaskets, etc.) shall have been required through normal wear and tear; or necessitated in whole or in part by force majeure, or by the fault or negligence of (Purchaser) or third parties; or

b) the Products or parts have not been properly used, maintained or repaired in accordance with Goldfinch or manufacturer’s then applicable operating and/or maintenance manuals and/or instructions, whether by Purchaser or third parties, or shall have been modified in any manner or dismantled without prior written consent of Goldfinch; or

c) the defect is due to any other action attributable to Purchaser or third parties.

Purchaser takes complete and entire responsibility for ascertaining whether the Products meet the

requirements of or are suitable for Purchaser’s (or Purchaser’s customer) intended use.

d) products must be received within 90 days from filing a claim. Claim will be closed after 90 days if products not received.

e) With respect to motors and pumps, the following conditions automatically void this limited warranty: 1. Mud or sand deposits which indicate that the motor has been submerged in mud or sand. 2. Physical damage as evidenced by bent shaft, broken or chipped castings, or broken or bent thrust parts. 3. Sand damage as indicated by abrasive wear of motor seals or splines. 4. Lightning damage (often referred to as high voltage surge damage). 5. Electrical failures due to the use of non-approved overload protection. 6. Unauthorized disassembly.

***We shall not be responsible for any expenses incurred by the user, including any associated with site cleanup. ***

 

MISCELLANEOUS

a. Compliance with Laws, Ordinances and Regulations Goldfinch shall use reasonable efforts to cause the products to comply with federal safety, health and environmental regulations and insurance codes. However, Goldfinch shall not be responsible for compliance of the products with local interpretations of such federal regulations or insurance codes, nor with any local laws, ordinances, codes and/or regulations which may at any time be in effect at any location where the products are to be used, unless such responsibility shall be expressly assumed by Goldfinch in writing.

b. Change of Design Goldfinch shall be entitled to make any and all changes in details of design, construction or arrangement of the product as Goldfinch in its sole discretion determines will constitute an improvement upon the product or any specifications or designs previously furnished to the Purchaser

c. Confidentiality All commercial, financial or technical information furnished by Goldfinch shall be considered confidential and Purchaser shall not disclose any such information to any other person or use such information itself for any purpose other than the re-sale or the intended use of the products. This Section shall apply to drawings, specifications or other documents prepared by us. Unless otherwise agreed in writing, no information disclosed in any manner or at any time by Purchaser to Goldfinch shall be deemed secret or confidential, and Purchaser shall have no rights against Goldfinch with respect thereto, except such rights as may exist under applicable patent laws.

d. Independent Contractors Goldfinch and Purchaser are independent contractors and neither has the authority to assume or to create any obligation on behalf of or in the name of the other.

e. Set Off Goldfinch shall be entitled to set off any amount or apply any sum due from Purchaser to Goldfinch or any other affiliated company of Goldfinch.

f. Force Majeure Goldfinch shall not be responsible or liable for any delays or failures in manufacture or delivery due to any cause or condition beyond the reasonable control of Goldfinch. Goldfinch shall not be responsible or liable for any delays or failures to deliver or to perform its contractual responsibilities if due to causes beyond its reasonable control or the reasonable control of its suppliers, or due to acts of God, acts of civil or military authority, judicial action, fires, strikes, floods, wars, transportation delays, or inability due to causes beyond its reasonable control to obtain necessary labor, materials or manufacturing facilities. In the event of such a condition or circumstance, Goldfinch shall have the right, at its option, to cancel any purchase orders or any part thereof without any resulting liability.

g. Applicable Law The terms and conditions expressed herein shall be construed and its performance governed by the internal laws (as opposed to conflicts of law provisions) of the State of Kansas.

 

THIS LIMITED WARRANTY IS INTENDED SOLELY FOR THE BENEFIT OF PURCHASER.

ALL CLAIMS HEREUNDER SHALL BE MADE BY DISTRIBUTOR AND MAY NOT BE MADE BY PURCHASER’S CUSTOMERS.

EXCEPT FOR THIS LIMITED WARRANTY, GOLDFINCHMAKES NO WARRANTY OR

REPRESENTATION WITH RESPECT TO ANY PROUCTS OR PARTS, WHETHER EXPRESS

OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR

ANY PARTICULAR PURPOSE OR USE.

The sole and exclusive remedies for breach of any and all warranties and the sole remedies for Goldfinch’s liability of any kind (including liability for negligence) with respect to the Products or part and all other performance by Goldfinch, shall be limited to the remedies provided in the limited warranty provisions herein.

LIABILITY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES IS

HEREBY EXPRESSLY EXCLUDED.IN NO EVENT SHALL GOLDFINCH’S LIABILITY OF ANY KIND EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCT PROVEN DEFECTIVE.