LIMITED WARRANTY
(Terms and Conditions)
For 2 Years from the date of shipment, Seller warrants to Buyer that the Product is free from defects in material or workmanship under normal use and service. Equipment manufactured by other than Seller but furnished by Seller carries the same warranty to Buyer as Seller receives from the other manufacturer, notwithstanding any provision to the contrary. If Buyer has specified a particular manufacturer’s product which is not the brand standardly supplied by Seller, Buyer shall look only to the other manufacturer’s warranty and Seller shall not warrant such item.
EXCLUSIONS. Seller’s warranty does not cover the following:
(1)
(2)damages caused by incorrect use, modification, carelessness, improper storage, hostile operat- ing conditions, or unauthorized service, installation or repairs without proper training from the Seller
(3)damages caused by fire, flood, lightning, collision, acts of God or other events beyond the control of Seller
(4)products or parts thereof that have had serial numbers removed, altered or defaced
(5)products returned without an RMA number and sales or delivery receipt showing the date of original purchase
(7)use of components that do not meet Seller’s specifications
(9)external parts such as cabinets or keypads
(10)periodic maintenance and adjustments resulting from normal use
WARRANTIES EXCLUDED, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEEDS OR IS INCONSISTENT WITH THE WARRANTY HEREIN EXPRESSLY SET FORTH.
BUYER’S EXCLUSIVE REMEDIES. If the Product supplied shall fail to conform to the contract or any applicable warranty, Buyer shall immediately notify Seller of such condition and afford Seller a reasonable opportunity to inspect said Product. Seller shall, at its option, either repair or replace such nonconforming Product. Seller shall not be responsible for labor charges for removal or installation of such equipment or material or charges for transportation, handling and shipping except as provided in Seller’s written service policy. No Product shall be returned without Seller’s prior written consent.
SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES OF A COMMERCIAL NATURE ARISING OUT THE USE OF OR INABILITY TO USE SELLER’S PRODUCT BY REASON OF THE FACT THAT SUCH PRODUCT DOES NOT CONFORM TO THE CON- TRACT OR TO ANY EXPRESS OR IMPLIED WARRANTY. SELLER’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE COST OF REPAIR AND/OR REPLACEMENT OF THE PRODUCT CLAIMED TO BE DEFECTIVE OR NONCONFORMING, SUBJECT TO SELLER’S RIGHT OF REMOVAL AND RETURN OF PRODUCT.
All of the foregoing constitute Buyer’s sole and exclusive remedy and Seller’s sole and exclusive liability for supplying nonconforming or defective Product.
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