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