Warranty

This Warranty runs solely to the party that originally purchases a Viking product from Viking or an authorized Viking distributor or reseller, and, unless and except to the extent Viking may expressly agree otherwise in writing, no person or entity other than the original purchaser from Viking or an authorized Viking distributor or reseller shall have or may be assigned any right or remedy under this Warranty.

This Warranty is subject to and conditioned upon Viking being paid all amounts payable to it in respect of the products it sells, and Viking shall have no liability or obligation under this Warranty in respect of any Viking product if any amount due and payable to it in respect of such product has not been paid in full.

Viking products are warranted to be free of defects in material and workmanship under normal conditions of use and services for the following warranty periods:

* Date of shipment is date Product is shipped from Viking facility and date of startup is date Product is first installed or used.

** XPD Pump Models: Sizes HL, KK, LS, Q, QS, N, R in series 4223AX and 4323AX.

*** Universal Seal Pump Models: Sizes H, HL, K, KK, L, LQ, LL, LS, Q, QS, N, R and RS in Series 124A, 4124A, 4124AE, 4124B, 224A, 4224A, 4224AE, 4224B, 324A, 4324A, 126A, 4126A, 226A, 4226A, 123A, 4123A, 223A, 4223A, 323A,4323A, 127A, 4127A, 227A, 4227A, 327A and 4327A. Universal Mag Drive Pump Models: Sizes H, HL, K, KK, L, LQ, LL, LS, Q, and QS in Series 8124A, 8123A and 8127A.

**** Excluding parts used to make warranty repairs to Viking pumps.

The sole liability and obligation and sole right and remedy under this Warranty shall be repair or replacement of a Viking product that fails during normal conditions of use and service due to a defect in material or workmanship. At Viking’s sole option, Viking may refund (in cash or by credit) the purchase price paid to it for a product (less a reasonable allowance for the period of use) in lieu of repair or replacement of such product. The decision whether to repair, replace or refund (and, if there is a refund, whether to refund in cash or by credit) shall be made by Viking in its sole discretion. Viking reserves the right to use reconditioned parts for warranty repairs and to use reconditioned products for warranty replacements. Repaired and replacement products and parts used to make warranty repairs to products shall be warranted only for the remainder of the original warranty period for the product. Viking shall have no liability or obligation under this Warranty for field labor, including, but not limited to, deinstallation, installation, calibration and testing.

Viking shall have no liability or obligation under this Warranty unless Viking is promptly notified of the failure giving rise to the warranty claim and such notice is received by Viking within the applicable warranty period. The notice must be given in writing, identify the product that is the subject of the warranty claim (including model and serial number, if any), and describe in reasonable detail the circumstances surrounding the failure.

Viking shall be afforded reasonable access and cooperation to carry out warranty claim investigations and warranty work. Without in any way limiting the forgoing, Viking shall have the right to physically inspect a product and any part thereof that is the subject of a warranty claim. If requested by Viking, a product or part that is the subject of a warranty claim shall be delivered for to Viking or another party identified by it. In such event, Viking shall issue a Return Goods Authorization (RGA) for the product or part. The product or part must be delivered within 30 days of issuance of the RGA. The RGA number must be included with the product or part when it is delivered. Failure to deliver a product or any part thereof to Viking or another party identified by it when requested by Viking shall void this Warranty with respect to such product or part. No product or part thereof may be returned for repair or replacement without a RGA from Viking.

The party asserting a warranty claim shall be responsible for all freight and shipping charges and any duties and other export/import related charges in connection with the delivery of the product and any part that is the subject of the warranty claim to Viking or another party identified by it and the delivery of the repaired or replacement product or parts to make warranty repairs to the party asserting the warranty claim. When a product or part is shipped to Viking or another party designated by it, the product or part must be shipped freight prepaid. Repaired and replacement products and parts to make warranty repairs will be shipped to the party asserting a warranty claim freight collect. The party asserting a warranty claim shall bear all risk of loss or damage during shipment.

If Supplier ultimately determines that the repair or replacement of a product or part is not covered by this Warranty , whether the determination is based on this Warranty being voided, the product failure being due to a cause not covered by this Warranty, the failure to make a timely and proper warranty claim, or otherwise, the party asserting the warranty shall have the option of either (i) having the product or part returned to it freight collect, FCA (Incoterms 2010) Viking’s facility, without repair or replacement, or (ii) if Viking determines that the product is repairable, have the product repaired by Viking on a time and materials basis at Viking’s then current standard charges for non-warranty repairs and then returned to it freight collect, FCA (Incoterms 2010) Viking’s facility.

Viking may, at its sole option, provide to a party asserting a warranty claim a replacement product or parts to make repairs prior to making a final determination as to whether the repair or replacement is covered by this Warranty. If Viking ultimately determines that the repair or replacement is not covered by this Warranty, whether the determination is based on this Warranty being voided, the product failure being due to a cause not covered by this Warranty, the failure to make a timely and proper warranty claim, or otherwise, the party asserting to the warranty claim will be required to purchase the replacement product or parts that were provided at Viking’s then current list price, FCA (Incoterms 2010) Viking’s facility.

This Warranty does not cover or apply to, and Viking shall have no responsibility, liability or obligation under this Warranty or otherwise with respect to, any motors, accessories and other non-Viking products, whether or not sold with or attached to a Viking product, and any warranty with respect to motors, accessories and other non-Viking products shall be limited to whatever warranty is provided by the manufacturer.

This Warranty does not cover or apply to, and Viking shall have no responsibility, liability or obligation under this Warranty or otherwise in connection with, any issue with a Viking product or part therefor that directly or indirectly is attributable to, is based upon or arises out of: (i) normal wear and tear, (ii) improper installation, (iii) damage during shipment or after delivery, (iv) inadequate or improper storage, operation, maintenance or monitoring,(v) misuse, (vi) user error or negligence, (vii) abrasive wear or corrosion (unless due solely to the failure of Viking to use specified materials in pump construction), (viii) use of a Viking product for a purpose or application other than the specific purpose or application indicated to Viking when the product was ordered from Viking, (ix) power surge or brownout, (x) excess or inadequate pressure or voltage, (xi) the particular substances, materials or products being pumped, or (xii) any non-Viking product. Any change, modification or alteration to a Viking product and any attempt to repair a Viking product by anyone other than Viking shall void this Warranty with respect to such product unless made at the request or with the authorization of Viking and strictly in accordance with its directions and instructions.

Notwithstanding that a specific purpose or application may be indicated to Viking when a product was ordered from Viking, purchasers are solely responsible and liable for all product requirements and specifications provided to Viking and determining that products that satisfy such requirements and specifications are and will be fit and appropriate for the particular purposes and applications for which they are used, and Viking shall have no responsibility, liability or obligation under this Warranty or otherwise if a product is used for a purpose or application for which it is not fit or appropriate. Among other things, materials used in pump construction are typically based on published compatibility data and anticipated characteristics of the particular substances, materials or products that were indicated to Viking when the pump was ordered from Viking as being the substances, materials or products that will be pumped; however, actual compatibility and characteristics of such substances, materials or products may differ from the published compatibility data and anticipated characteristics.

THIS WARRANTY IS AND SHALL BE VIKING’S SOLE AND EXCLUSIVE WARRANTY AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT ALL OF WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED.

THE RIGHTS AND REMEDIES UNDER THIS WARRANTY ARE AND SHALL BE THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES AGAINST VIKING. EXCEPT FOR THE SPECIFIC LIABILITIES AND OBLIGATIONS PROVIDED UNDER THIS WARRANTY, VIKING SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO ANY PRODUCT CLAIMED TO BE DEFECTIVE IN ANY MANNER.

UNDER NO CIRCUMSTANCES SHALL VIKING BE LIABLE UNDER THIS WARRANTY OR OTHERWISE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST OR UNREALIZED SALES, REVENUES, PROFITS, INCOME, COST SAVINGS OR BUSINESS, LOST OR UNREALIZED CONTRACTS, LOSS OF GOODWILL, DAMAGE TO REPUTATION, LOSS OF PROPERTY, LOSS OF INFORMATION OR DATA, LOSS OF PRODUCTION, DOWNTIME, OR INCREASED COSTS, IN CONNECTION WITH ANY PRODUCT, EVEN IF VIKING HAS BEEN ADVISED OR PLACED ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY PRODUCT.

June 2016