Warranty
Except as otherwise stated herein or in an order acknowledgment delivered to Buyer, Seller warrants to Buyer that the Product shall be free of defects in materials and workmanship. The warranty for the touchmonitors and compo- nents of the product are: 3 years monitor, 10 years IntelliTouch screen, 5 years AccuTouch screen, 5 years Controller.
Seller makes no warranty regarding the model life of components. Seller’s suppliers may at any time and from time to time make changes in the compo- nents delivered as Products or components.
Buyer shall notify Seller in writing promptly (and in no case later than thirty
(30)days after discovery) of the failure of any Product to conform to the warranty set forth above; shall describe in commercially reasonable detail in such notice the symptoms associated with such failure; and shall provide to Seller the opportunity to inspect such Products as installed, if possible. The notice must be received by Seller during the Warranty Period for such prod- uct, unless otherwise directed in writing by the Seller. Within thirty (30) days after submitting such notice, Buyer shall package the allegedly defective Prod- uct in its original shipping carton(s) or a functional equivalent and shall ship to Seller at Buyer’s expense and risk.
Within a reasonable time after receipt of the allegedly defective Product and verification by Seller that the Product fails to meet the warranty set forth above, Seller shall correct such failure by, at Seller’s options, either (i) modi- fying or repairing the Product or (ii) replacing the Product. Such modification, repair, or replacement and the return shipment of the Product with minimum insurance to Buyer shall be at Seller’s expense. Buyer shall bear the risk of loss or damage in transit, and may insure the Product. Buyer shall reimburse Seller for transportation cost incurred for Product returned but not found by Seller to be defective. Modification or repair, of Products may, at Seller’s option, take place either at Seller’s facilities or at Buyer’s premises. If Seller is unable to modify, repair, or replace a Product to conform to the warranty set forth above, then Seller shall, at Seller’s option, either refund to Buyer or credit to Buyer’s account the purchase price of the Product less depreciation calculated on a
THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REM- EDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHER- WISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WAR- RANTY FOR THE GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN.
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