VI. Limited Warranties

E-Control Systems' Limited Warranty Statement

Limited Warranty Statement: E-Control Systems ("ECS") warrants its products to be free from defects in workmanship and materials, under normal use and service, for the applicable warranty term. All ECS products carry a standard 1 year limited warranty from the date of purchase from ECS or its Authorized Reseller/Distributors. ECS may, at its own discretion, repair or replace any product not operating as warranted with a similar or functionally equivalent product, during the applicable warranty term. ECS will endeavor to repair or replace any product returned under warranty within 30 days of receipt of the product. As new technologies emerge, older technologies become obsolete and ECS will, at its discretion, replace an older product in its product line with one that incorporates these newer technologies

All products that are replaced become the property of ECS. Replacement products may be either new or reconditioned. Any replaced or repaired product carries, either a 30-day limited warranty or the remainder of the initial warranty, whichever is longer. ECS is not responsible for any custom software or firmware, configuration information, or memory data of Customer contained in, stored on, or integrated with any products returned to ECS pursuant to any warranty. Products returned to ECS should have any customer-installed accessory or add-on components, such as expansion modules, removed prior to returning the product for replacement. ECS is not responsible for these items if they are returned with the product. Customers must contact ECS for a Return Material Authorization number prior to returning any product to ECS. Proof of purchase may be required. Any product returned to ECS without a valid Return Material Authorization (RMA) number clearly marked on the outside of the package will be returned to customer at customer’s expense. Customers are responsible for all shipping charges from their facility to ECS. ECS is responsible for return shipping charges from ECS to customer.

WARRANTIES EXCLUSIVE: IF A ECS PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT IN QUESTION, AT ECS’ OPTION. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS. ECS SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THE ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OR OTHER HAZARD. LIMITATION OF LIABILITY: IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), SHALL ECS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF ECS OR ITS AUTHORIZED RESELLER/DISTRIBUTOR HAS BEEN

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