WARRANTY
TWENTY-FOUR (24) MONTH LIMITED WARRANTY
Intelligent Motion Systems, Inc. (“IMS”), warrants only to the purchaser of the Product from IMS (the “Customer”) that the product purchased from IMS (the “Product”) will be free from defects in materials and workmanship under the normal use and service for which the Product was designed for a period of 24 months from the date of purchase of the Product by the Customer. Customer’s exclusive remedy under this Limited Warranty shall be the repair or replacement, at Company’s sole option, of the Product, or any part of the Product, determined by IMS to be defective. In order to exercise its warranty rights, Customer must notify Company in accordance with the instructions described under the heading “Obtaining Warranty Service.”
This Limited Warranty does not extend to any Product damaged by reason of alteration, accident, abuse, neglect or misuse or improper or inadequate handling; improper or inadequate wiring utilized or installed in connection with the Product; installation, operation or use of the Product not made in strict accordance with the specifications and written instructions provided by IMS; use of the Product for any purpose other than those for which it was designed; ordinary wear and tear; disasters or Acts of God; unauthorized attachments, alterations or modifications to the Product; the misuse or failure of any item or equipment connected to the Product not supplied by IMS; improper maintenance or repair of the Product; or any other reason or event not caused by IMS.
IMS HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER’S SOLE REMEDY FOR ANY DEFECTIVE PRODUCT WILL BE AS STATED ABOVE, AND IN NO EVENT WILL THE IMS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THE PRODUCT.
This Limited Warranty shall be void if the Customer fails to comply with all of the terms set forth in this Limited Warranty. This Limited Warranty is the sole warranty offered by IMS with respect to the Product. IMS does not assume any other liability in connection with the sale of the Product. No representative of IMS is authorized to extend this Limited Warranty or to change it in any manner whatsoever. No warranty applies to any party other than the original Customer.
IMS and its directors, officers, employees, subsidiaries and affiliates shall not be liable for any damages arising from any loss of equipment, loss or distortion of data, loss of time, loss or destruction of software or other property, loss of production or profits, overhead costs, claims of third parties, labor or materials, penalties or liquidated damages or punitive damages, whatsoever, whether based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory, or other losses or expenses incurred by the Customer or any third party.
OBTAINING WARRANTY SERVICE
Warranty service may obtained by a distributor, if the Product was purchased from IMS by a distributor, or by the Customer directly from IMS, if the Product was purchased directly from IMS. Prior to returning the Product for service, a Returned Material Authorization (RMA) number must be obtained. Complete the form at http://www.imshome.com/rma.html after which an RMA Authorization Form with RMA number will then be faxed to you. Any questions, contact IMS Customer Service (860)
Include a copy of the RMA Authorization Form, contact name and address, and any additional notes regarding the Product failure with shipment. Return Product in its original packaging, or packaged so it is protected against electrostatic discharge or physical damage in transit. The RMA number MUST appear on the box or packing slip. Send Product to: Intelligent Motion Systems, Inc., 370 N. Main Street, Marlborough, CT 06447.
Customer shall prepay shipping changes for Products returned to IMS for warranty service and IMS shall pay for return of Products to Customer by ground transportation. However, Customer shall pay all shipping charges, duties and taxes for Products returned to IMS from outside the United States.
