Warranty and Special Provisions Limited Warranty
DYNEX Technologies products are fully guaranteed for one year against defects in parts, materials, and workmanship. Defective parts and materials will be replaced or, at the discretion of DYNEX Technologies, repaired at no charge for a period of one year and labor required for such replacement or repair will be provided at no charge for a period of one year, provided that the products are utilized and maintained in accordance with the instructions in the applicable operating and servicing manual, and provided further that the products have not, as determined solely by DYNEX Technologies, been subject to misuse or abuse by the Customer or other parties unrelated to DYNEX Technologies. DYNEX Technologies makes no warranty, expressed or implied, as to the fitness of any product for any particular purposes other than those purposes described in the applicable operating and servicing manual, nor does DYNEX Technologies make any other warranty, whether expressed or implied, including merchantability, other than those appearing on the face hereof. Where DYNEX Technologies guarantees any product, whether under this Warranty or as a matter of law, and there is a breach of such guarantee, the Customer’s only and exclusive remedy shall be the replacement or repair of defective parts and materials, as described above. This shall be the limit of DYNEX Technologies’ liability. Furthermore, DYNEX Technologies shall not be liable for incidental or consequential damages. Failure of the Customer to notify DYNEX Technologies of a claimed defect by registered mail within thirty days of the discovery thereof shall constitute a waiver of any claim for breach of warranty.
When a product is required by DYNEX Technologies to be installed by a DYNEX Technologies engineer or technician, the period of this Warranty shall begin on the date of such installation, provided however, that any use of the product prior to such installation shall, at sole election of DYNEX Technologies, void this Warranty. When installation by DYNEX Technologies personnel is not required, the period of this Warranty shall begin on the date of shipment from DYNEX Technologies. The period of this Warranty shall begin as described above whether or not the product has been installed pursuant to a purchase order, and any trial period shall be deducted from the Warranty period that would otherwise apply under a subsequent placed purchase order for that product.
Limitation of Liability. Notwithstanding anything to the contrary contained herein, the liability of Seller (whether by reason of breach of warranty, breach of contract, tort, or otherwise), including without limitation under any indemnification provision contained herein, shall be limited to replacement of goods returned to DYNEX Technologies which are shown to DYNEX Technologies’ reasonable satisfaction to have been nonconforming or to refund the purchase price, or, if not paid, to a credit amount of the purchase price therefore.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MECHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.