AppendixE - Terms and Conditions 37
Appendix E - Terms andConditionsCompatible Systems Corporation (Compatible Systems) offers to sell only
onthe condition that Customer’s acceptance is expressly limited to Compat-
ible Systems’ terms and conditions of sale. Co mpatibleS ystems’ accep-
tance of any order from Customer is expressly mad e conditional on assent to
these terms and conditions of sale unless otherwise specifically agreed to in
writing by Compatible Systems. Inth e absence of such agreement, com-
mencementof performance or delivery shall be for Customer’s convenience
only andshall not be construed as an acceptance of Compatible Systems’
terms and conditions. Ifa contract is not earlier formedby mutual agree-
mentin writing,Customer’s acceptance of any goods or services shall be
deemedacceptance of the terms and conditions stated herein.
1. Warranty. Compatible Systems warrants to the Customer and to all per-
sons who purchase Products from the Customer during the Warranty terms
(“subsequentpurchasers”), that, for an unlimited period from the date (the
“shippingdate”) on which Compatible Systems ships the Products to the
Customer:(a) the Product meets, in all material respects, all specifications
publishedby Compatible Systems for such Products as of the shipping date;
(b)the Products are free from all material defects in materials and workman-
shipunder normal use and service; and (c) that as a result of the purchase of
theProdu ctsf rom Compatible Systems, the Customer will have good title to
theProducts, free and clear of all liens and encumbrances.
Compatible Systems’ obligations pursuant to this Warranty, and the sole
remediesof the Customer and of any subsequent purchaser, shall be limited
tot he repair or replacement, in Compatible Systems’ sole discretion, of any
of the Products that do not conform to this Warranty.
This Warrantyshall be invalidated if the Products: (a) have not been
installed,handled, or used in accordance with Compatible Systems recom-
mendedprocedures; (b) have been damaged through the negligence or abuse
ofthe Customer or of any subsequent purchasers; (c) are damaged by causes
external to the Products, including (without limitation) shipping damage,
power orair cond itioning failure, oraccid entor catastrophe of any nature;
and(d) have been subjected to repairs or attempted repairs by any person
otherthan Compatible Systems(or an authorized Compatible Systems ser-
vicetechnician).