RFG Petro Systems, LLC, “RFG PETRO”, warrants that the products sold or manufactured by it, when properly installed in strict accordance with RFG PETRO’s procedures and applicable specifications, shall be free from defects in material for a period of one year from the date of manufacture.
The above warranty shall cover within its scope component products produced for RFG PETRO by other manufacturers and which are incorporated into RFG PETRO products subject to this warranty and sold by RFG PETRO specifically under RFG PETRO’s name. However, no warranty whatsoever is made with respect to materials produced by other manufacturers and not bearing RFG PETRO’s name which are used in conjunction with RFG PETRO’s products covered hereunder. Further, RFG PETRO makes no warranties whatsoever with respect to the workmanship involved in the installation of any RFG PETRO products warranted hereunder.
RFG PETRO makes no other warranty, expressed or implied, with respect to its products, nor with respect to its specifications, except as expressly stated herein. Further, RFG PETRO MAKES NO WARRANTY OF MERCHANTABILITY WITH RESPECT TO ITS PRODUCTS, AND FURTHER MAKES NO WARRANTY THAT THE PRODUCTS OF ITS MANUFACTURE ARE FIT FOR ANY PARTICULAR PURPOSE.
Defects in materials caused by misuse, mishandling, improper storage, improper application, improper combination with products of RFG PETRO or others, or any other failure to strictly follow RFG PETRO’s specifications and procedures are not warranted under any circumstances. RFG PETRO shall not be responsible for defects in materials, or for damage or injury caused by materials not produced or sold by RFG PETRO, even if under RFG PETRO’s name, except as otherwise specifically stated herein. RFG PETRO shall not be responsible for defects in materials or damage to any materials whatsoever, whether or not produced by RFG PETRO and whether or not covered under this warranty, where such defects or damage is caused in whole or in part by installers of RFG PETRO’s products or any other laborer.
RFG PETRO shall not be responsible for incidental or consequential damages as such terms are defined in Section 2-715 of the Uniform Commercial Code, or any other applicable or successor law defining said terms, regardless of cause. RFG PETRO’s sole responsibility and liability under this warranty shall be to supply replacement materials for any RFG PETRO product warranted hereunder shown to be defective within the stated warranty period. This is the sole remedy under this warranty to the purchaser, or other person or entity claiming under this warranty, which shall include the owner of the well to which the RFG PETRO materials were installed, as the end user of the RFG PETRO products. No claim independent of this warranty shall be made by purchaser of RFG PETRO’s products or any person or entity for whose benefit the RFG PETRO products were purchased or installed, including any well operator, service provider, subcontractor, or well owner.
This warranty may not be transferred or assigned except to the operator, and well owner, and any subsequent well owner within the stated warranty period, of the well into which RFG PETRO’s products shall be installed. Since the goods are not intended to be sold to a “consumer”, this warranty is not intended to apply to any party constituting a “consumer” as such term is defined by the Magnuson-Moss Warranty Act.
This warranty shall be interpreted under the terms of the Uniform Commercial Code or law or similar import or a successor law thereto.