AGREEMENT FOR THE PURCHASE OF GOODS
THIS AGREEMENT is made and entered into this _day of
_ 2022, by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18th Street, Merced, California 95340, (hereinafter referred to as "City") and Badger Meter, Inc., a Wisconsin Corporation, whose address of record is P.O. Box 88223, Milwaukee, Wisconsin 53288, (hereinafter referred to as "Vendor").
WHEREAS, City requires the supply and delivery of water meters and related parts, equipment and supplies; and,
WHEREAS, Vendor represents that it possesses the ability to supply said goods and/or materials to the City.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, hereby agree as follows:
1. SCOPE OF PURCHASE. Vendor shall supply the goods and/or materials described in Exhibit "A" attached hereto.
2. TIME OF PERFORMANCE. Vender shall provide the goods and materials as soon as reasonably possible after receipt of an order from City.
3. TERM OF AGREEMENT. The term of this Agreement shall
commence upon the day first above written and end on June 30, 2023.
4. COMPENSATION. The total amount of goods and/or materials purchased pursuant to this Agreement shall not exceed Three Hundred Thousand Dollars ($300,000.00) for the 2022-2023 fiscal year. Each individual purchase of goods and/or materials will be requested by the City on a standard Purchase Order.
5. METHOD OF PAYMENT. Compensation to Vendor shall be paid by the City after submission by Vendor of an invoice delineating goods and/or materials supplied and quantities of all goods, products, and materials.
INDEPENDENT CONTRACTOR. It is expressly understood that Vendor is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Vendor shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment X: \Agreements\Public Works\2022\Agreement for Purchase of Goods - Badger Meter FY 22-23.docx insurance. Should Vendor desire any insurance protection, the Vendor is to acquire same at its expense.
In the event Vendor or any employee, agent, or subcontractor of Vendor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Vendor shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Vendor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
7. INDEMNITY. Vendor shall indemnify, protect, defend (with legal counsel selected by the City), save and hold City, its officers, employees, and agents, harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of Vendor or Vendor's officers, employees, volunteers, and agents during performance of this Agreement; Vendor shall indemnify, protect, defend (with counsel selected by the City) save and hold City, its officers, employees and agents harmless from any and claims or causes of action for any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of Vendor or its employees, subcontractors, or agents, or by the quality or character of Vendor's work.
8. WARRANTY. Vender warrants and represents to City that each of the goods and/or materials provided to the City herein shall be free from defects in material and workmanship and will conform to the manufacturer's specifications.
Additional warranties are set forth in Vendor's standard warranty attached hereto as Exhibit "B".
9. INSURANCE. During the term of this Agreement, Vendor shall obtain and maintain in full force and effect at its own cost and expense, the following insurance coverage:
a. Workers' Compensation and Employer's Liability. Vendor shall obtain and keep in full force Workers' Compensation Insurance with statutory limits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall provide a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
X:\Agreements|Public Works|2022\Agreement for Purchase of Goods - Badger Meter FY 22-23.docx 2 b. Commercial General Liability. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Vendor's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage shall contain a waiver of subrogation in favor of the City.
C. Certificate of Insurance. Vendor shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance, including all required endorsements, evidencing coverage as set forth above. Vendor shall provide at least thirty (30) days written notice to City prior to the cancellation or expiration of any such policy. d. Notwithstanding any language in this Agreement to the contrary, Vendor shall not be entitled to payment pursuant to the terms of this Agreement until Vendor has obtained the insurance required by this Section 9 and provided documentation of said insurance to the City. In addition to any other remedies City may have, City reserves the right to withhold payment if Vendor's insurance policies are not current.
10. PREVAILING WAGES.
A. Labor Code Compliance. As this Agreement contemplates the purchase of goods and materials only, it is not anticipated to fall within Labor Code Section 1729(a)(1) for purposes of prevailing wages. Vendor agrees to comply with all applicable provisions of the Labor Code. The Vendor further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution or performance of this Agreement.
11. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by the Vendor and is X: \Agreements\Public Works|2022/Agreement for Purchase of Goods - Badger Meter FY 22-23.docx 3 based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties or obligations of the Vendor under this Agreement will be permitted only with the express written consent of the City.
12. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Vendor that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further goods shall be provided by Vendor. If the Agreement is so terminated, the Vendor shall be paid for those goods previously delivered to the City at the time the notice of termination is received.
13. CONFORMANCE TO APPLICABLE LAWS. Vendor shall comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by Vendor in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.
Vendor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Vendor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Vendor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
14. WAIVER. In the event that either City or Vendor shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
15. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached documents) or exhibit(s) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.
X: \Agreements\Public Works|2022\Agreement for Purchase of Goods - Badger Meter FY 22-23.docx 4 Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.
16. AMBIGUITIES. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.
17. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
18. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
19. INTEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
20. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
21. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
///
X:\Agreements\Public Works|2022\Agreement for Purchase of Goods - Badger Meter FY 22-23.docx 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
Br: Linkel Chad 513122
city Attorne
ACCOUNT DATA:
BY:
Verified by Finance Officer
X: \Agreements\Public Works\2022\Agreement for Purchase of Goods - Badger Meter FY 22-23.docx 6 VENDOR
BADGER METER, INC.,
A Wisconsin Corporation
(Signature)
Saniter A Dunk
(Typed Name)
Is: Assertant Secream & Proposl cool
(Title)
By: Tamelestehle Cai
(Signature)
PAMELA STOKKE-CECI
(Typed Name)
Its: Assistant General Counsel
(Title)
Taxpayer I.D. No. 39-014 3280
ADDRESS: P.O. Box 88223
Milwaukee, WI 53288
TELEPHONE:_ (800) 876-3837
FAX: (414) 371-5952
E-MAIL: [email protected]
X: \Agreements\Public Works|2022\Agreement for Purchase of Goods - Badger Meter FY 22-23.docx 7 SCOPE OF PURCHASE
Parts, equipment, and supplies to be purchased include, but are not limited to:
Positive displacement disc style water meters from ¾"- 2" Compound meters 3" - 10"
Mag meters 10"'- 12"
Strainers 3"- 10"
Fire Hydrant Meters
Ultrasonic Clamp-On Meters
Turbo Series Meters
Encoders
• Registers and endpoints for all the above meters
• Replacement parts for all the above meters
EXHIBIT A
Two-Year Flow Instrumentation
Badger Meter
Product Warranty
PRODUCTS THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF This warranty shall apply to Badger Meter Equipment and Parts ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, hereafter referred to as "Products)", as identified on page 2 of INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES this document, sold on or after July 1, 2019. This warranty is not OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE (except warranties of title).
transferable and is extended only to utilities, municipalities, other commercial users and authorized distributors, hereafter referred Any description of the Product, whether in writing or made orally to as "Customer" and does NOT apply to consumers or any person by Badger Meter or agents of Badger Meter, specifications, samples, or entity who is not an original customer of Badger Meter or its models, bulletins, drawings, diagrams, engineering sheets or authorized distributors. similar materials used in connection with any order from the Customer are for the sole purpose of identifying the Product and MATERIALS AND WORKMANSHIP shall not be construed as an express warranty. Any suggestions by Badger Meter or agents of Badger Meter regarding use, application Badger Meter warrants Product to be free from defects in materials or suitability of the Product shall not be construed as an express and workmanship appearing within the earlier of either: two (2) warranty unless confirmed to be such in writing by Badger Meter. years after installation; or two (2) years and six (6) months after shipment from Badger Meter. Exclusion of Consequential Damages and Disclaimer of Other Liability
PRODUCT RETURNS The liability of Badger Meter with respect to breaches of the Product failures must be proven and verified to the satisfaction of foregoing warranty shall be limited as stated herein. The liability of Badger Meter. The obligation of Badger Meter hereunder shall be Badger Meter shall in no event exceed the contract price. limited to such repair and replacement and shall be conditioned BADGER METER SHALL NOT BE SUBJECT TO AND DISCLAIMS:
upon Badger Meter receiving written notice of any alleged defect (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT within ten (10) days after its discovery. This exclusive remedy OF BREACH OF CONTRACT OR OF WARRANTY, (2) ANY shall not be deemed to have failed its essential purpose so long OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS as Badger Meter is willing and able to replace defective Product (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING to Customer within a reasonable time after receipt of proof that UNDER OTHER THEORIES OF LAW WITH RESPECTO PRODUCTS a defect is involved. Product returns must be shipped by the SOLD OR SERVICES RENDERED BY BADGER METER, OR ANY Customer prepaid CPT to the nearest Badger Meter factory or UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND distribution center. The Customer shall be responsible for all direct (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT and indirect costs associated with removing original Product and DAMAGES WHATSOEVER. reinstalling the repaired or replacement Product.
LIMITS OF LIABILITY
This warranty shall not apply to any Product repaired or altered by any Party other than Badger Meter. The foregoing warranty applies only to the extent that the Product is installed, serviced and operated strictly in accordance with instructions from
EXHIBIT B
INC-WR-00548-EN-04 (June 2019) Badger Meter Warranty
Two-Year Flow Instrumentation, Product Warranty
PRODUCTS GOVERNED BY THIS TWO-YEAR WARRANTY POLICY
ModMAG® M-Series® Mag Meters
Dynasonics® TFX-500w and TFX-5000 Ultrasonic Clamp-On Meters Control. Manage. Optimize.
Dynasonics, ModMAG and M-Series are registered trademarks of Badger Meter, Inc. Other trademarks appearing in this document are the property of their respective entities, Due to continuous research, product Improvements and enhancements, Badger Meter reserves the right to change product or system specifications without notice, except to the extent an outstanding contractual obligation exists. © 2019 Badger Meter, Inc. All rights reserved. www.badgermeter.com
The Americas | Badger Meter | 4545 West Brown Deer Rd | PO Box 245036 | Milwaukee, WI 53224-9536 | 800-876-3837 | 414-355-0400 Europe, Middle East Branch Office | Badger Meter Europe | PO Box 341442 | Dubai Silicon Oasis, Head Quarter Bullding, Wing C, Office #C209 | Dubai / UAE| +971-4-371 2503 Slovakia | Badger Meter Slovakia s.r.o. | Racianska 109/B | 831 02 Bratislava, Slovakia | +421-2-44 63 83 01 Asia Pacific | Badger Meter | B0 Marine Parade Rd | 19-07 Parkway Parade | Singapore 449269 |+65-63464836 Switzerland | Badger Meter Swiss AG | Mittelholzerstrasse 8 | 3006 Bem | Switzerland | +41-31-932 01 11 HR-E®
Badger Meter
High Resolution Encoder
PRODUCTS COVERED distribution center. The Customer shall be responsible for all direct and indirect costs associated with removing the original Produc This Badger Meter warranty shall apply to the High Resolution ind reinstalling the repaired or replacement Product Encoder (HR-E®) ("Product"), sold on or after June 18, 2021. This arranty is not transterable and is extended only to utilitie: LIMITS OF LIABILITY unicipalities, other commercial users and authorized distributor hereafter referred to as "Customer" and does NOT apply to This warranty shall not apply to Product repaired or altered by Consumers or any person or entity who is not an original customer parties other than Badger Meter. The foregoing warranty applies of Badger Meter or its authorized distributors. only to the extent that the Product is installed, serviced and operated strictly in accordance with Badger Meter instructions. The MATERIALS AND WORKMANSHIP warranty shall not apply and shall be void with respect to Product exposed to conditions other than those detailed in the
Badger Meter warrants the Product to be free from defects in Badger Meter Product technical literature or which have been materials and workmanship appearing within twenty (20) years subject to vandalism, negligence, accident, acts of God, alteration, and six (6) months after shipment from Badger Meter. improper installation, operation or repair, or other circumstances which are beyond the reasonable control of Badger Meter. With This warranty is prorated as follows: For the first ten (10) years of respect to Product not manufactured by Badger Meter, the the warranty the Product is replaced at no charge, and the warranty warranty obligations of Badger Meter shall in all respects conform is prorated at price discounts during the last ten (10) years of the and be limited to the warranty extended to Badger Meter by warranty. the supplier.
Specifically, Badger Meter will repair or replace, at its discretion, a THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF non-performing Product at no cost during the first ten (10) years ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, of the warranty and at prorated price discounts during the last ten INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF (10) years of the warranty. Badger Meter will apply these prorated MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE price discounts to the Product list prices in effect at the time of (except warranties of Title).
Product return and according to the following prorated price discount schedule: Any description of Product, whether in writing or made orally • Years 11 through 12—75% discount by Badger Meter or its agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets or similar • Years 13 through 15-50% discount materials used in connection with any Customer's order are for the • Year 16-40% discount sole purpose of identifying Product and shall not be construed as • Year 17-30% discount an express warranty. Any suggestions by Badger Meter or its agents regarding use, application or suitability of Product shall not be • Year 18—20% discount construed as an express warranty unless confirmed to be such in • Years 19 through 20—10% discount writing by Badger Meter.
Replacement Products are warranted for and under the balance of Exclusion of Consequential Damages and Disclaimer of the original applicable Product warranty. Other Liability PRODUCT RETURNS Badger Meter liability with respect to breaches of the foregoing warranty shall be limited as stated therein. Badger Meter liability Any Product proved to the satisfaction of Badger Meter to have shall in no event exceed the contract price. BADGER METER SHALL failed the foregoing warranties will, at the option of Badger Meter, NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS be repaired or replaced without charge to the Customer. The OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF Badger Meter obligation hereunder shall be limited to such repair WARRANTY (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM and replacement and shall be conditioned upon Badger Meter TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) receiving written notice of any alleged defect within ten (10) days OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECTTO after its discovery. This exclusive remedy shall not be deemed PRODUCTS SOLD OR SERVICES RENDERED BY BADGER METER, OR to have failed its essential purpose so long as Badger Meter is ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, willing and able to replace defective products or issue a credit AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT to purchaser within a reasonable time of proof to Badger Meter DAMAGES WHATSOEVER. that a defect is involved. Product returns must be shipped by the Customer prepaid F.O.B. to the nearest Badger Meter factory or ENC-WR-00969-EN-02 (June 2021) Badger Meter Warranty
SMART WATER IS BADGER METER
Trademark ape in nei document ae hepery retreate enter a ninety each pudetain ear 0d age, cAl ignise.. www.badgermeter.comJ
Recordall® Turbo 450
Badger Meter Fire Hydrant Meter
PRODUCTS COVERED LIMITS OF LIABILITY
This warranty shall apply to all Recordall® Turbo 450 fire hydrant This warranty shall not apply to Product repaired or altered by any meters and the registers and encoders used with these meters party other than Badger Meter. The foregoing warranty applies only (collectively "Product") sold on or after September 15, 2017. to the extent that the Product is installed, serviced and operated This warranty is extended only to utilities, municipalities, other strictly in accordance with AWWA Standard C701 and the commercial users and authorized Badger Meter, Inc. distributors, AWWA M6 Manual. The warranty shall not apply and shall be void hereafter referred to as "Customer" and does NOT apply to with respect to Product exposed to conditions other than those consumers or any person or entity who is not an original customer detailed in Badger Meter Product technical literature, or which of Badger Meter or its authorized distributors. have been subject to vandalism, negligence, accident, acts of MATERIALS AND WORKMANSHIP God, improper installation, operation or repair, alteration, or other circumstances which are beyond the reasonable control of Badger Badger Meter warrants Product to be free from defects in materials Meter. With respect to Product not manufactured by Badger Meter, and workmanship appearing within one (1) year and six (6) months the warranty obligations of Badger Meter shall in all respects after shipment from Badger Meter. conform and be limited to the warranty extended to Badger Meter Aluminum Housing by the supplier.
One (1) year and six (6) months after shipment from Badger Meter. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER,
Local Registers Supplied with the Meters Listed Herein INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
Five (5) years and six (6) months after shipment from Badger Meter. (except warranties of title).
METER ACCURACY Any description of the Product, whether in writing or made orally The meter Product will meet or exceed accuracy standards of by Badger Meter or Badger Meter agents, specifications, samples, AWWA Standard C701 for one (1) year and six (6) months after models, bulletins, drawings, diagrams, engineering sheets or similar shipment from Badger Meter. materials used in connection with any Customer's order are for the sole purpose of identifying the Product and shall not be construed
PRODUCT RETURNS
as an express warranty. Any suggestions by Badger Meter or Any Product proved to the satisfaction of Badger Meter to agents of Badger Meter regarding use, application, or suitability of have failed the foregoing warranties will, at the option of the Product shall not be construed as an express warranty unless Badger Meter, be repaired or replaced without charge to the confirmed to be such in writing by Badger Meter.
Customer. The obligation hereunder of Badger Meter shall be limited to such repair and replacement and shall be conditioned Exclusion of Consequential Damages and Disclaimer of upon Badger Meter receiving written notice of any alleged Other Liability defect within ten (10) days after its discovery. This exclusive The liability of Badger Meter with respect to breaches of the remedy shall not be deemed to have failed its essential purpose foregoing warranty shall be limited as stated herein. The liability of so long as Badger Meter is willing and able to replace defective Badger Meter shall in no event exceed the contract price. products or issue a credit to purchaser within a reasonable BADGER METER SHALL NOT BE SUBJECT TO AND DISCLAIMS:
returns must be shipped by the Customer prepaid F.O.B. to the (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF nearest Badger Meter factory or distribution center. The Customer BREACH OF CONTRACT OR OF WARRANTY, (2) ANY OBLIGATION shall be responsible for all direct and indirect costs associated HATSOEVER ARISING FROM TORT CLAIMS (INCLUDING with removing original product and reinstalling the repaired or NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER replacement Product. THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR
SERVICES RENDERED BY BADGER METER, OR ANY UNDERTAKINGS, (3) ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT
DAMAGES WHATSOEVER.
RTS-WR-02522-EN-04 (September 2017) Warranty
Recordall® Turbo 450, Fire Hydrant Meter
Making Water Visible®
Recordall is a registered trademark of Badger Meter, Inc. Other trademarks appearing in this document are the property of their respective entities.
Due to continuous research, product improvements and enhancements, Badger Meter reserves the right to change product or system specifications without notice, except to the extent an outstanding contractual obligation exists. © 2017 Badger Meter, Inc. All rights reserved. www.badgermeter.com
The Americas | Badger Meter | 4545 West Brown Deer Rd | PO Box 245036 | Milwaukec, W1 53224-9536 | 800-876-3837 | 414-355-0400 Asia Pacific | Badger Meter | 80 Marine Parade Rd | 21-06 Parkway Parade | Singapore 449269 | +65-63464836 China | Badger Meter | 7-1202 | 99 Hangzhong Road | Minhang District | Shanghai | China 201101 | +86-21-5763 5412 Switzerland | Badger Meter Swiss AG | Mittelholzerstrasse 8 | 3006 Bern | Switzerland | +41-31-932 01 11 Legacy Document Number: RTS-W-02 Badger Meter Lead-Free Bronze Disc Meters
PRODUCTS COVERED MATERIALS AND WORKMANSHIP
This warranty shall apply to all Recordall® Lead-Free Bronze Badger Meter warrants Product to be free from defects in Disc Meters, models 25 through 170, when used to measure materials and workmanship appearing within the following potable water, including the registers used with these meters time frames and those listed in the table below:
(collectively "Product") sold on or after January 25, 2019. Housings This warranty is extended only to utilities, municipalities, Twenty-five (25) years and six (6) months after shipment from other commercial users and authorized Badger Meter, Inc. Badger Meter. distributors, hereafter referred to as "Customer" and does NOT apply to consumers or any person or entity who is not ar Local Registers Supplied with the Meters Listed Herein original customer of Badger Meter or its authorized distributors Twenty-five (25) years and six (6) months after shipment from Badger Meter.
AWWA New Meter Accuracy AWWA Repaired Meter Accuracy Badger Meter Extended (AWWA M6 Manual; Low Flow Meter Accuracy
Recordall The meter product will meet The meter product will meet or exceed repaired Badger Meter further warrants the meter
Meter Model, Size or exceed new meter accuracy meter accuracy standards set forth in AWWA product to meet or exceed the following standards set forth in AWWA Manual M-6, Chapter 5, Table 5.3 for the extended low flow accuracies in excess of Standard C700 for the following periods: AWWA standard:
following periods:
Model 25, Five (5) years from date of Fifteen (15) years from date of shipment or Badger Meter warrants Product low flow 5/8 in. and 5/8 × 3/4 in. shipment or registration of registration of 2,500,000 gallons, whichever accuracy of 98.5% at a rate of 1/4 gpm 750,000 gallons, whichever occurs first, with a 25 gpm safe maximum and low flow accuracy of 95.0% at a rate occurs first. operating capacity and a 15 gpm maximum rate of 1/8 gpm for five (5) years from date for continuous operation. of shipment or registration of 675,000 gallons, whichever occurs first.
Model 35, 3/4 in. Five (5) years from date of Fifteen (15) years from date of shipment or Badger Meter warrants Product low flow shipment or registration of registration of 2,500,000 gallons, whichever accuracy of 97% at a rate of 3/8 gpm for 750,000 gallons, whichever occurs first, with a 35 gpm safe maximum five (5) years from date of shipment or occurs first. operating capacity and a 25 gpm maximum rate registration of 675,000 gallons, whichever for continuous operation. occurs first.
Model 55, 1 in. Five (5) years from date of Fifteen (15) years from date of shipment or Badger Meter warrants Product low flow shipment or registration of registration of 3,000,000 gallons, whichever accuracy of 95% at a rate of 1/2 gpm for 1,000,000 gallons, whichever occurs first, with a 55 gpm safe maximum three (3) years from date of shipment or occurs first. operating capacity and a 40 gpm maximum rate registration of 575,000 gallons, whichever for continuous operation. occurs first.
Model 70, 1 in. Five (5) years from date of Fifteen (15) years from date of shipment or Badger Meter warrants Product low flow shipment or registration of registration of 3,250,000 gallons, whichever accuracy of 95% at a rate of 3/4 gpm for 1,100,000 gallons, whichever occurs first, with a 70 gpm safe maximum three (3) years from date of shipment occurs first. operating capacity and a 50 gpm maximum rate or registration of 1,100,000 gallon! for continuous operation. vhichever occurs firs
Model 120, 1-1/2 in. wo (2) years from date of teen (15) years from date of shipment hipment or registration o gistration of 5,600,000 gallons, whichel 1,600,000 gallons, whichever
occurs first.
Model 170, 2 in. Two (2) years from date of Badger Meter warrants Product low flow shipment or registration of
2,100,000 gallons, whichever
occurs first.
rate for continuous operation.
RDM-WR-00685-EN-09 (April 2019) Badger Meter Warranty
PRODUCT RETURNS THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF Any Product proved to the satisfaction of Badger Meter to have ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, failed the foregoing warranties will, at the option of INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF Badger Meter, be repaired or replaced without charge to the MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Customer. Any eligible Product repaired or replaced by (except warranties of Title).
Badger Meter will retain the original Product's warranty based Any description of Product, whether in writing or made orally on the original Product purchase date, at Badger Meter's sole by Badger Meter or its agents, specifications, samples, models, discretion. The Badger Meter obligation hereunder shall be limited to such repair and replacement and shall be conditioned bulletins, drawings, diagrams, engineering sheets, or similar materials used in connection with any Customer's order are upon Badger Meter receiving written notice of any alleged for the sole purpose of identifying Product and shall not be defect within ten (10) days after its discovery. This exclusive remedy shall not be deemed to have failed its essential purpose construed as an express warranty. Any suggestions by so long as Badger Meter is willing and able to replace defective Badger Meter or its agents regarding use, application or products or issue a credit to purchaser within a reasonable suitability of Product shall not be construed as an express time of proof to Badger Meter that a defect is involved. Product warranty unless confirmed to be such in writing by Badger Meter.
returns must be shipped by the Customer prepaid F.O.B. to the nearest Badger Meter factory or distribution center. The Exclusion of Consequential Damages and Disclaimer of Customer shall be responsible for all direct and indirect costs Other Liability associated with removing the original Product and reinstalling the repaired or replacement Product. Badger Meter liability with respect to breaches of the foregoing warranty shall be limited as stated therein. Badger Meter liability LIMITS OF LIABILITY shall in no event exceed the contract price.
This warranty shall not apply to Product repaired or altered by BADGER METER SHALL NOT BE SUBJECT TO AND DISCLAIMS:
parties other than Badger Meter. The foregoing warranty applies (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT only to the extent that the Product is installed, serviced and OF BREACH OF CONTRACT OR OF WARRANTY (2) ANY operated strictly in accordance with AWWA Standard C700 and OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS AWWA M6 Manual, as applicable. The warranty shall not apply (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING and shall be void with respect to Product exposed to conditions UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS other than those detailed in the Badger Meter Product SOLD OR SERVICES RENDERED BY BADGER METER, OR ANY technical and/or operational literature, or which have been UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND exposed to adverse installation conditions, damaged by any (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT water conditions and/or water quality, including but not limited DAMAGES WHATSOEVER. to foreign matter in the water such as dirt, sand, minerals, debris, deposits, biofilms, extreme corrosivity, or
other impurities, or which have been subject to passage of high-speed air slugs, vandalism, negligence, accident, acts of God, alteration, improper installation, operation or repair, or other circumstances which are beyond the reasonable control of Badger Meter. With respect to Product not manufactured by Badger Meter, the warranty obligations of Badger Meter shall in all respects conform and be limited to the warranty extended to Badger Meter by the supplier.
Making Water Visible®
Recordail is a registered trademark of Badger Meter, Inc. Other trademarks appearing in this document are the property of their respective entities. Due to continuous research, product improvements and enhancements, Badger Meter reserves the right to change product or system specifications without notice, except to the extent an outstanding con- tractual obligation exists. © 2019 Badger Meter, Inc. All rights reserved. www.badgermeter.com
The Americas | Badger Meter | 4545 West Brown Deer Rd | PO Box 245036 | Milwaukee, WI 53224 9536 | 800-876-3837 |414-355-0400 Europe. Eastern Europe Branch ofce for Poland, Lava, thai Sonia kaline Blars) Badger Meter Europe i. Korantegs 4-193 kurs pland 4-562386787 Europe, Middle East and Africa | Badger Meter Europa GmbH | Nurtinger Str 76 | 72639 Neuffen | Germany | +49-7025-9208-0 Europe, Middle East Branch Office | Badger Meter Europe | PO Box 341442 | Dubai Silicon Oasis, Head Quarter Building, Wing C, Office #C209 | Dubai /UAE| +971-4-371 2503 Slovakia | Badger Meter Slovakia s.r.o. | Racianska 109/B | 831 02 Bratislava, Slovakia | +421-2-44 63 83 01 Asia Pacific | Badger Meter | 80 Marine Parade Rd | 19-07 Parkway Parade | Singapore 449269| +65-63464836 Switzerland | Badger Meter Swiss AG | Mittelholzerstrasse 8 | 3006 Bem | Switzerland | +41-31-932 01 11 Legacy Document Number RD-W.4.AWWA-EN Badger Meter Recordall® Turbo Series Meters
PRODUCTS COVERED LIMITS OF LIABILITY
This warranty shall apply to all Recordall® Turbo Series Meters, This warranty shall not apply to Product repaired or altered sizes 1-1/2 through 12 inch, Turbo Series head assemblies by parties other than Badger Meter. The foregoing warranty and the local registers used with these meters (collectively applies only to the extent that the Product is installed, serviced "Product") sold on or after July 27, 2021. This warranty is and operated strictly in accordance with AWWA Standard extended only to utilities, municipalities, other commercial C715 and AWWA M6 Manual, as applicable. The warranty shall users and authorized Badger Meter, Inc. distributors, hereafter not apply and shall be void with respect to Product exposed referred to as "Customer" and does NOT apply to consumers or to conditions other than those detailed in the Badger Meter any person or entity who is not an original customer of Badger Product technical and/or operational literature, or which have Meter or its authorized distributors. been exposed to adverse installation conditions, damaged by any water conditions and/or water quality, including but MATERIALS AND WORKMANSHIP not limited to foreign matter in the water such as dirt, sand, minerals, debris, deposits, biofilms, extreme corrosivity, or Badger Meter warrants Product to be free from defects in other impurities, or which have been subject to passage of materials and workmanship appearing within the following high-speed air slugs, vandalism, negligence, accident, acts of time frames:
God, alteration, improper installation, operation or repair, or Bronze Housing other circumstances which are beyond the reasonable control One (1) year and six (6) months after shipment from of Badger Meter. With respect to Product not manufactured by Badger Meter. Badger Meter, the warranty obligations of Badger Meter shall in all respects conform and be limited to the warranty extended Local Registers Supplied with the Meters Listed Herein to Badger Meter by the supplier.
Five (5) years and six (6) months after shipment from THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF Badger Meter. ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
METER ACCURACY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (except warranties of Title).
The meter Product will meet or exceed accuracy standards of AWWA Standard C701 for one (1) year and six (6) months after Any description of Product, whether in writing or made orally shipment from Badger Meter. by Badger Meter or its agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets, or similar PRODUCT RETURNS materials used in connection with any Customer's order are for the sole purpose of identifying Product and shall not be Any Product proved to the satisfaction of Badger Meter to have construed as an express warranty. Any suggestions by Badger failed the foregoing warranties will, at the option of Meter or its agents regarding use, application or suitability of Badger Meter, be repaired or replaced without charge to the Product shall not be construed as an express warranty unless Customer. Any eligible Product repaired or replaced by confirmed to be such in writing by Badger Meter.
Badger Meter will retain the original Product's warranty based on the original Product purchase date, at Badger Meter's Exclusion of Consequential Damages and Disclaimer of sole discretion. The Badger Meter obligation hereunder Other Liability shall be limited to such repair and replacement and shall be conditioned upon Badger Meter receiving written notice of Badger Meter liability with respect to breaches of the foregoing any alleged defect within ten (10) days after its discovery. warranty shall be limited as stated therein. Badger Meter liability shall in no event exceed the contract price. BADGER This exclusive remedy shall not be deemed to have failed its METER SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY
essential purpose so long as Badger Meter is willing and able
OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH
to replace defective products or issue a credit to purchaser OF CONTRACT OR OF WARRANTY (2) ANY OBLIGATIONS within a reasonable time of proof to Badger Meter that a
WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING
defect is involved. Product returns must be shipped by the Customer prepaid F.O.B. to the nearest Badger Meter factory or NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER
OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS
distribution center. The Customer shall be responsible for all
SOLD OR SERVICES RENDERED BY BADGER METER, OR ANY
direct and indirect costs associated with removing the original Product and reinstalling the repaired or replacement Product. UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT
DAMAGES WHATSOEVER.
RTS-WR-00238-EN-06 (February 2022) Badger Meter Warranty Recordall® Turbo Series Meters
SMART WATER IS BADGER METER
re to continuous research prodiver improvement and rhancemen, adger Mieter ese ves the rigato change ty orthor yese speciations without notice except to t tent an outstanding contractual obligation exists. ® 2022Badger Meter, Inc. All rights reserv www.badgermeter.com
Legacy Document 4: RTS-W-1-EN
Recordall® Compound Series Meters
Badger Meter Sizes 2 inch through 6 inch
PRODUCTS COVERED LIMITS OF LIABILITY
This warranty shall apply to all Recordall® Compound Series This warranty shall not apply to Product repaired or altered by Meters, sizes 2 inch through 6 inch, and the local registers any party other than Badger Meter. The foregoing warranty used with these meters (collectively "Product") sold on or applies only to the extent that the Product is installed, serviced after July 1, 2013. This warranty is extended only to utilities, and operated strictly in accordance with AWWA Standard municipalities, other commercial users and authorized Badger C702 and AWWA M6 Manual. The warranty shall not apply and Meter, Inc. distributors, hereafter referred to as "Customer" shall be void with respect to Product exposed to conditions and does NOT apply to consumers or any person or entity who other than those detailed in Badger Meter Product technical is not an original customer of Badger Meter or its authorized literature, or which have been subject to vandalism, negligence, distributors. accident, acts of God, improper installation, operation or MATERIALS AND WORKMANSHIP repair, alteration, or other circumstances which are beyond the Badger Meter warrants Product to be free from defects in reasonable control of Badger Meter. With respect to Product materials and workmanship appearing within the following not manufactured by Badger Meter, the warranty obligations of time frames: Badger Meter shall in all respects conform and be limited to the warranty extended to Badger Meter by the supplier.
Bronze Housings
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN
One (1) year and six (6) months after shipment from LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES Badger Meter. WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED Local Registers for Low Flow Registration WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A (Disc Measuring Element) PARTICULAR PURPOSE (except warranties of title).
Supplied with the Meters Listed Herein Any description of the Product, whether in writing or made Twenty-five (25) years and six (6) months after shipment from orally by Badger Meter or Badger Meter agents, specifications, Badger Meter. samples, models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with any Local Registers for High Flow Registration Customer's order are for the sole purpose of identifying the (Turbo Measuring Element) Product and shall not be construed as an express warranty.
Supplied with the Meters Listed Herein
Any suggestions by Badger Meter or agents of Badger Meter Five (5) years and six (6) months after shipment from regarding use, application, or suitability of the Product shall not Badger Meter. be construed as an express warranty unless confirmed to be such in writing by Badger Meter.
METER ACCURACY
The meter Product will meet or exceed accuracy standards of Exclusion of Consequential Damages and Disclaimer of AWWA Standard C702 for one (1) year and six (6) months after Other Liability. The liability of Badger Meter with respect shipment from Badger Meter. to breaches of the foregoing warranty shall be limited as stated herein. The liability of Badger Meter shall in no event PRODUCT RETURNS exceed the contract price. BADGER METER SHALL NOT BE Any Product proved to the satisfaction of Badger Meter to SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS have failed the foregoing warranties will, at the option of OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT Badger Meter, be repaired or replaced without charge to OR OF WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER the Customer. The obligation hereunder of Badger Meter ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND shall be limited to such repair and replacement and shall be STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES conditioned upon Badger Meter receiving written notice of OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES any alleged defect within ten (10) days after its discovery. RENDERED BY BADGER METER, OR ANY UNDERTAKINGS, This exclusive remedy shall not be deemed to have failed its ICTS OR OMISSIONS RELATING THERETO, AND (3) ALI essential purpose so long as Badger Meter is willing and able CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT to replace defective products or issue a credit to purchaser DAMAGES WHATSOEVER. within a reasonable time of proof to Badger Meter that a defect is involved. Product returns must be shipped by the Customer prepaid F.O.B. to the nearest Badger Meter factory or distribution center. The Customer shall be responsible for all direct and indirect costs associated with removing original product and reinstalling the repaired or replacement Product.
RCS-WR-00239-EN-03 (February 2022) Badger Meter Warranty Recordall° Compound Series Meters, Sizes 2 inch through 6 inch
SMART WATER IS BADGER METER
www.badgermeter.com Legacy Document : RCS-W-1-EN
ORION® Cellular Water Endpoints
Badger Meter Network as a Service (NaaS)
PRODUCTS stated herein, during the last ten (10) years of the Product warranty time period. Replacement endpoints are warranted for and under the This warranty shall apply to Badger Meter ORION® Cellular water balance of the original applicable endpoint warranty. endpoints, including the ORION Cellular LTE-M, LTE-MS, C and HLA water endpoints sold on or after August 4, 2021. The Customer shall be responsible for all other direct and indirect costs associated with the Replacement endpoints, including but not his warranty is not transferable and is extended only to utilities limited to costs associated with installation and maintenance. nunicipalities and authorized distributors selling to utilities and If the Customer agrees to pay for shipping and the most current municipalities within the United States or Canada, hereafter referred adger Meter published disposal fee per Replacement endpoint to as Customer" and does NOT apply to consumers or any persor Badger Meter will properly dispose of returned Shut Down endpoint r entity who is not an original Customer of Badger Meter or its authorized distributors. PRODUCT RETURNS
MATERIAL AND WORKMANSHIP Product failures must be proven and verified to the satisfaction of Badger Meter. The Badger Meter obligation hereunder shall be limited Badger Meter warrants all ORION Cellular water endpoints, including to such repair and replacement and shall be conditioned upon battery (configured to the standard mode of operation set by the Badger Meter receiving written notice of any asserted defect within factory at time of shipment), hereafter referred to as "Products)" as 10 (ten) days after its discovery. This exclusive remedy shall not be listed below, to be free from defects in material and workmanship for deemed to have failed its essential purpose so long as Badger Meter the time period stated. is willing and able to replace the defective Product for the Customer ORION Water Endpoints 20 years and 6 months after shipment within a reasonable time, after receipt of proof that a defect is involved. Product returns must be shipped by the Customer prepaid Products are warranted to be free from defects in material and workmanship for F.O.B. to the nearest Badger Meter factory or distribution center. twenty (20) years and six (6) months after shipment from Badger Meter. Badger Meter The Customer shall be responsible for all direct and indirect costs will repair or replace, at its discretion, a non-performing Product at no cost during the first ten (10) years, and at a prorated price during the last ten (10) years of the associated with removing the Product and reinstalling the repaired or warranty. Badger Meter will apply these prorated price discounts to the Product list replacement Product. prices at the time of Product return and according to the following prorated price discount schedule: LIMITS OF LIABILITY
Year Discount % Year Discount % This warranty shall not apply to any Product repaired or altered by any 11 70 16 45
Party other than Badger Meter. The foregoing warranty applies only to 65 17 40
13 60 the extent that the Product is installed, serviced and operated strictly 18 35
14 55 19 30 in accordance with Badger Meter instructions. The warranty shall not 15 50 20 25 apply and shall be void with respect to Products exposed to conditions >20 other than those detailed in Product technical literature or which have Replacement Products are warranted for and under the balance of the original been subject to vandalism, negligence, accident, acts of God, improper applicable Product warranty. installation, operation or repair, alteration or other circumstances which are beyond the reasonable control of Badger Meter. With GUARANTEE OF NETWORK PERFORMANCE respect to products not manufactured by Badger Meter, the warranty If the communication network that supports any ORION Cellular water obligations of Badger Meter shall in all respects conform and be limited to the warranty extended to Badger Meter by the supplier. endpoint in the Customer's meter service area ("Network") explicitly and publicly discontinues operation during the Product warranty THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL time period stated herein, thereby rendering any endpoint unable OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING to successfully transmit meter reading data ("Shut Down"), then for BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND each Shut Down endpoint, as confirmed in writing by the Network FITNESS FOR A PARTICULAR PURPOSE (except warranties of Title). operator and verified in writing by Badger Meter, Badger Meter will Any description of the Product, whether in writing or made orally by provide the following guarantee in exchange for applicable fees and Badger Meter or its agents, specifications, samples, models, bulletins, minimum purchase commitments as described in the most current drawings, diagrams, engineering sheets or similar materials used BEACON® AMA Solution with ORION NaaS Pricing Terms and Conditions document from Badger Meter. in connection with any Customer's order are for the sole purpose of identifying the Product and shall not be construed as an express Badger Meter will supply a replacement endpoint that is supported by warranty. Any suggestions by Badger Meter or its agents regarding the most current technology readily available for full-scale use in the use, application or suitability of the Product shall not be construed as Customer's meter service area affected by Shut Downs ("Replacement an express warranty unless confirmed to be such, in writing, by endpoints") at no charge to the Customer for such Replacement Badger Meter. endpoints during the first ten (10) years of the Product warranty time period, and according to the prorated price discount schedule ORI-WR-03510-EN-01_DOMESTIC (August 2021) Badger Meter Warranty ORION® Cellular Water Endpoints, Network as a Service (NaaS) Exclusion of Consequential Damages and Disclaimer of
Other Liability
I he liability of Badger Meter with respect to breaches of the foregoing warranty shall be limited as stated herein. Badger Meter liability shall in no event exceed the contract price. BADGER METER SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR
LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER
OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR
ERVICES RENDERED BY BADGER METER, OR ANY UNDERTAKINGS, ACT:
R OMISSIONS RELATING THERETO, AND (3) ALL CONSEOUENTIAI INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
SMART WATER IS BADGER METER
your ernes ad aharement, stan tereserves ate agit change produce or are speciations tire note exer ecent an usand, contractual obligation exists. @ 2021 Badger Meter, Inc. All rights reserve www.badgermeter.com