General Limited Warranty
<br />Revised November 2019
<br />1. Terms of Sale. Sensus USA Inc. ("Sensus") warrants its products and parts as set forth below. All products
<br />are sold to the buyer ("Customer") pursuant to Sensus' Terms of Sale, available at: sensus.comltc.
<br />2. Electricity Meters and Electricity SmartPoint" Modules. Sensus warrants the Sensus electricity meters and
<br />Sensus electricity SmartPoini Modules to be in compliance with their respective specifications under normal
<br />use and service, and to be free from material defects in materials and workmanship for a warranty period of
<br />twelve (12) months from the date of the installation or eighteen (19) months from the date of shipment,
<br />whicheveroccurs first. The warranty period for new spare parts and components sold by Sensus is twelve (12)
<br />months from the date of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is
<br />ninety (90) days from the date of shipment, unless repaired pursuant to a warranty, in which case the repair is
<br />warranted for the time remaining of the original warranty period.
<br />3. Gas Products and Gas SmartPolni Modules.
<br />a. Except for the Sonix meters, Sensus warrants the Sensus gas products to be in compliance with their
<br />respective specifications under normal use and service, and to be free from material defects in materials
<br />and workmanship for a warranty period of twelve (12) months from the date of the installation or eighteen
<br />(18)monihsfromthe date ofshlpment,whichever occurs first. Sensus warrants the SensusSonlxmeters
<br />to befreefrom material defects in materials and workmanshipfora warranty period offifteen (15) years
<br />from the date of shipment. Sensus warrants the batteries in the Sensus Sonix meters to be free from
<br />material defects in materials and workmanship for a warranty period of ten (10) years from the date of
<br />shipment. Thewarranty period for new spare parts and components sold by Sensus is twelve (12) months
<br />from the date of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is
<br />ninety (90) days from the date of shipment, unless repaired pursuant to a warranty, in which casethe repair
<br />is warranted for the time remaining of th e original warranty period.
<br />b. Sensus warrants the Sensus gas SmartPoini Modules as set forth in the "G500' warranty, as set forth at:
<br />sensus.corrAc, or available at 1-800-METER-IT.
<br />4. Water Meters and Water SmartPoint Modules. Sensus warrants the Sensus water meters and Sensus water
<br />SmartPolnt Modules as set forth in the "G500' warranty, as set forth at: sensus.comltc, or available at 1-800-
<br />METER-IT.
<br />5. VantagePolrF Lighting Control Module. Sensus warranisthe Sensus VanlagePointULighting Control Module
<br />to be in compliance with their respective specifications under normal use and service, and to be free from
<br />material defects i n water al sand workmanship for a w arraniy period of ten (10) years from the date of shipment.
<br />The warranty period for new spare parts and componenis sold by Sensus is twelve (12) months from the date
<br />of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is ninety (90) days from
<br />thedateof shipment, unless repaired pursuantto a warranty, in which casethe repair is warranted forthetime
<br />remaining of the original warranty period
<br />6. DA Devices and HAN Devices. Sensus warrants the Sensus DA Devices and Sensus HAN Devices to be in
<br />compliance with their respective specifications under normal use and service, and to be free from material
<br />defects in materials and workmanship for a warranty period of twelve (12) months from the date of shipment.
<br />The warranty period for new spare parts and components sold by Sensus is twelve (12) months from the date
<br />of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is ninety (90) days from
<br />the date of shipment, unless repaired pursuant to a warranty, in which case the repair is warranted for the iime
<br />remaining of the original warranty period.
<br />7. RFFieldEquipment. Sensus warrants the Sensus RFFieldEquipmenitobeincompliancewiththeirrespective
<br />specifications under normal use and service, and io be free from mateoal defects in materials and workmanship
<br />for a warranty period of twelve (12) months from the date of shipment.
<br />S. Server Hardware. Sensus provides no warranty on the Server Hardware.
<br />9. Third Party Goods. Notwithstanding anything to the contrary herein, Sensus does not warrant any goods
<br />manufactured or software supplied by third parties. For example, if Customer elects to buy meters from a third
<br />party, the Sensus SmartPoint Modules installed in such third party meters shall, subject to Section 11, below,
<br />be covered by the warranty above, but any warranty on the meter itself shall be a matter directly between
<br />Customer and such third party meter supplier.
<br />10. Services. Sensus warrants that itsservicesshall, aitheiimeofperformance,materiallyconformtothecontract
<br />requirements, and shall be performed in a professional and workmanlike manner, free from material defects in
<br />workmanship.
<br />11. Remedy.
<br />a. If any Field Device or RF Field Equipment fails during the applicable warranty period (a "Failed Good'),
<br />Sensus' obligation, and Customers exclusive remedy, is, at Sensus' option, to either (i) repair or replace
<br />the Failed Good, provided the Customer (a) returns the productto the location designated by Sensus within
<br />the warranty period, and (b) prepays the freight costs both to and from such location; or (ii) deliver
<br />replacement components to the Customer, provided the Customer installs, at its cost, such components
<br />in or on the Failed Good (as instructed by Sensus). In all cases, Customer shall be responsible for
<br />returning the Failed Good to Sensus, including all costs associated with the return of the Failed Good, and
<br />Sensus shall be responsible for shipping the repaired or replaced good back to Customer's warehouse.
<br />Customer shall, in all cases, be responsible for the InlOut Costs. If Sensus determines that the returned
<br />good is not defective, Customer shall pay andlor reimburse Sensus for all expenses incurred by Sensus
<br />in the examination of the returned good.
<br />b. Customer s remedy under the warranty for services shall be, at Sensus sole cost and expense, to correct
<br />or re -perform any defective or non -conforming services to assure compliance with the contract
<br />requirements.
<br />c. THIS SECTION 10 SETS FORTH CUSTOMER'S SOLE REMEDYWITH RESPECTTO A FAILED GOOD
<br />OR ANY DEFECTIVE OR NON -CONFORMING SERVICE.
<br />12. Warranty Exceptions. This General Limited Warranty does not include costs for removal or installation of
<br />products, or costs for replacement labor or materials, which are the responsibility of the Customer. The
<br />warranties in this General Limited Warranty do not apply to, and Sensus has no liability for, goods that have
<br />been: installed improperly or in non -recommended installations, installed to a socket that is not functional, or is
<br />not in safe operating condition, or is damaged, or is in need of repair; tampered with, modified or repaired with
<br />parts or assemblies not certified in writing by Sensus, including without limitation, communication parts and
<br />assemblies; improperly modified or repaired (including as a result of modifications required by Sensus);
<br />converted, altered, damaged; read by equipment not approved by Sensus; for water meters, used with
<br />substances other than water, used with non -potable water, or used with water that contains dirt, debris,
<br />deposits, orother impurities; subjected to misuse, improper storage, improper care, improper maintenance, or
<br />improper periodic testing (collectively, Exceptions.'). If Sensus identifies any Exceptions during examination,
<br />troubleshooiing or performing any type of support on behalf of Customer, then Customer shall pay for andlor
<br />reimburse Sensus for all expenses incurred by Sensus in examining, troubleshooting, performing support
<br />activities, repairing or replacing any Equipment that satisfies any of the Exceptions defined above. The above
<br />warranties do not apply in the event of Force Majeure, as defined in the Terms of Sale.
<br />13. THE WARRANTIES SET FORTH IN THIS GENERAL LIMITED WARRANTY ARE THE ONLY WARRANTIES
<br />GIVEN WITH RESPECTTOTHE GOODS, SOFTWARE LICENSES AND SERVICES SOLD OR OTHERWISE
<br />PROVIDED BYSENSUS. SEN SUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS,
<br />WARRANTIES, CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY
<br />MATTER IN CONNECTION WITH THIS GENERAL LIMITED WARRANTY OR WITHT EH TERMS OF SALE,
<br />INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE,
<br />MERCHANTABILITY, NON -INFRINGEMENT AND TITLE.
<br />14. SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR
<br />WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE
<br />CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED
<br />SOFTWARE OR SERVICES TO CONFORM TO THEIR RESPECTIVE WARRANTIES.
<br />15. Limitation of Liability
<br />a. SENSUS' AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION ARISING UNDER, OUT OF
<br />OR IN RELATION TO THIS AGREEMENT, ITS NEGOTIATION, PERFORMANCE, BREACH OR
<br />TERMINATION (COLLECTIVELY "CAUSES OF ACTION") SHALL NOT EXCEED THE TOTAL AMOUNT
<br />PAID BY CUSTOMER TO SENSUS UNDER THIS AGREEMENT. THIS IS SO WHETHER THE CAUSES
<br />OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY,
<br />IN CONTRACT, UNDER STATUTE OR OTHERWISE.
<br />b. AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY, SENSUS' LIABILITY SHALL BE
<br />LIMITED TO DIRECT DAMAGES. SENSUS SHALL NOT BE LIABLE FOR: (1) ANY INDIRECT,
<br />INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, NOR (II) ANY REVENUE OR PROFITS
<br />LOST BY CUSTOMER OR ITS AFFILIATES FROM ANY END USER(S), IRRESPECTIVE OF WHETHER
<br />SUCH LOST REVENUE OR PROFITS IS CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE,
<br />NOR (Ill) ANY IWOUT COSTS, NOR (IV) MANUAL METER READ COSTS AND EXPENSES.
<br />c. Th6lirritationson liability set forth nthlsAgr66nrert ar6fundarrental nducenrents to Sensus 6rtenng into
<br />this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as
<br />to give Sensus the maximum protection permitted under law.
<br />d. To the maximum extent permitted by law, no Cause of Action may be instituted by Customer against
<br />Sensus more than TWELVE (12) MONTHS after the Cause of Action first arose. In the calculation of any
<br />damages in any Cause of Action, no damages incurred more than TWELVE (12) MONTHS prior to the
<br />filing of the Cause of Action shall be recoverable.
<br />16. Definitions. Any terms used in this General Limited Warranty as defined terms, and which are not defined
<br />herein, shall have the meanings given to those terms in the Terms of Sale.
<br />a. "Agreement" means this General Limited Warranty, Customers purchase order (except any Additional
<br />Terms), SensusAcknowledgement Form (if any), Sensus' invoice and the Terms of Sale.
<br />b. "DA Devices" means RTMs and RTUs.
<br />c. "Echo Transceiver" (formerly "FlexNet Network Portal' and 'FNP') identifies the Sensus standalone,
<br />mounted relay device that takes the radio frequency readings from the SmarfPoint Modules and relays
<br />them by radiofrequency tothe relevant FlexNet Base Station.
<br />d. 'End User' means any and user of electricitylwatedgas that pays Customer for the consumption of
<br />electricilylwaterlgas, as applicable.
<br />e. "Equipment" means the Field Devices, RF Field Equipment, Server Hardware, and any other goods sold
<br />hereunder.
<br />L "FlexNet Base Station" (formerly 'Tower Gateway Base Station" and 'TGB') identifies the Sensus
<br />manufactured device consisting of one transceiver, to be located on a tower that receives readings from
<br />the SmarfPoini Modules (either directly or via an Echo Transceiver) by radio frequency and passes those
<br />readings to the RNI by70P11P backhaul communication.
<br />g. "Field Devices' means the meters, SmartPoint Modules, DA Devices and HAN Devices.
<br />It. "Force Majeure'shall have the meaning set forth in the Terms of Sale.
<br />i. 'HAN Devices" means the PCTs, IHDs and LCMs.
<br />j. "IHDs'meansthein-homedisplays.
<br />k. 'In/Out Costs" means any costs and expenses incurred by Customer in transporting goods between its
<br />warehouse and its End Users premises and any costs and expenses incurred by Customer in installing,
<br />uninstalling and removing goods.
<br />I."LCMs'wears the load control modules.
<br />m. "PCTs' means the programmable controllable thermostats.
<br />n. "Remote Transceiver" (formerly "FlexNet Remote Portal" and "FRP") identifies the Sensus standalone,
<br />mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays
<br />them directly to the RNI by TCPIIP backhaul communication.
<br />o. "RNI" identifies the regional network interfaces consisting of hardware and software used to gather, store,
<br />and report data collected by the FIexN et Base Stations from the SmartPolrt Modules.
<br />p. "RF Field Equipment' means, collectively, FlexNet Base Stations, Echo Transceivers and Remote
<br />Transceivers.
<br />q."RTMs`meansthetelemetricremotetelemeirymodules.
<br />r. "RTUs` means telemetric MicroRTU (T866).
<br />s. 'Server Hardware" means the RNI hardware and the FlexServer hardware.
<br />I.' Sma4pointTl Modules" identifies the Sensus transmission devices installed on devices such as meters,
<br />distribution automation equipment and demandlresponse devices located at Customer's End Users'
<br />premises that take the readings of the meters and transmit those readings by radio frequency to the
<br />relevant FIexN ei Base Staiion, Remote Transceiver or Echo Transceiver.
<br />637 Davis Drive 5 E n 5 U S
<br />Morrisville, NIG27560
<br />1-800-638-3748 2 5 H -142 P,,15M&n brand
<br />74
<br />
|