Scangraphics warrants its Scanner Products against defective workmanship and materials for a period of ONE (1) YEAR from date of shipment. Software and MK35 Products are warranted for a period of Ninety (90) days from date of shipment.
Scangraphics must be advised in writing, during the warranty period, of any defect or
The Buyer shall bear the expense of returning the Product to the factory with the subsequent return shipment charges paid for by Scangraphics if, in the event such defect or
This WARRANTY shall not apply to any Product or parts thereof rendered defective by negligence, accident, or subjected to electrical, thermal, or mechanical conditions in excess of the maximum values established by Scangraphics specification; or misuse in handling, transportation, storage; or by performance of repairs, installation, or alterations outside the factory except when performed by Scangraphics accredited service representatives. Scangraphics reserves the right to inspect the Product on the premises of the Buyer or the third party thereof. Inspection or repair at any location other than the Scangraphics factory if carried out by Scangraphics at the request of the Buyer shall be at the then current published repair service labor rates plus reimbursement of applicable travel costs. Scangraphics may, however, at its sole option, perform repair of Products in the Buyer's or third party's plant at Scangraphics' expense.
Scangraphics reserves the right to make changes, additions, or improvements in its Products without assuming any obligation to incorporate such change, addition, or improvement on its Products previously manufactured.
Scangraphics shall not be liable to the Buyer or any third party for any loss of production time or profits, or any consequential damages whatsoever resulting from use of the purchased product; or any failure in the performance of other product to which the purchased product is connected; or the functioning of an entire system, or parts of any parts of any system of which the purchased product may be a part, including the effect that other parts of such system may have upon the purchased product. Scangraphics sole and exclusive remedy and entire liability hereunder shall be the repair or replacement of component parts or software proving defective, and limited to the value of the product subject to the remedy regardless of the form of action whether it is in contract or in tort including negligence.
Scangraphics MAKES NO REPRESENTATION OR WARRANTY OTHER THAN THOSE SET FORTH IN THIS AGREEMENT. THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY Scangraphics WITH RESPECT TO THIS AGREEMENT OR THE PRODUCTS, ARTICLES, MATERIALS, REPLACEMENT PARTS, OR SERVICES TO BE SUPPLIED HEREBY. Scangraphics
SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.