STATEMENT OF LIMITED WARRANTY
TeleMatrix, Inc. and TeleMatrix Equipment, LLC (TMX) warrants to its [original end customer] [purchaser] that Spectrum, Spectrum Plus and Marquis branded products manufactured by TMX are free from defects in materials and workmanship for five (5) years after the date of purchase, and Regency branded products manufactured by TMX are free from defects in materials and workmanship for three (3) years, other than the following products for which the warranty period shall be one (1) year: handset batteries, either NiCd or NiMH, used in TMX cordless products. If a product fails this warranty during the warranty period, TMX will, at its option, either repair or replace the defective product or parts, or deliver replacements for defective products or parts on an exchange basis at no additional charge to the customer except as set forth below. Repair parts or replacement products may be either new or reconditioned. Products or parts returned to TMX under this war- ranty will become the property of TMX. Warranties on products repaired by TMX expire at the termination of the original warranty period.
This limited warranty does not cover:
1.Products or parts which are damaged, abused or misused;
2.Any damage resulting from improper installation, maintenance or operation of the product;
3.Damage resulting from unauthorized modification or repair of the product, or from improper connection of the product to other equipment;
4.Cords, connectors and replaceable batteries;
5.Damage in transit to the TMX repair facility;
6.Any product or part unless proof of date of purchase is submitted with the product when returned for warranty repair; or
7.Costs incurred by the customer in removing and shipping the product to TMX for repair or replacement, and costs of reinstallation of the product.
8.Products or parts which are not owned and used by the original end user customer.
The cost and risk of loss or damage for sending the product to TMX will be borne by the customer.
TMX EXPRESSLY DISCLAIMS ALL WARRANTIES EXCEPT THE LIMITED WARRANTY SET FORTH HEREIN, WHICH IS THE SOLE AND EXCLUSIVE WARRANTY OF THE PRODUCT, AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR STATUTORY. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER’S SOLE REMEDY UNDER THE TMX WARRANTY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. IN NO EVENT WILL TMX BE LI- ABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSE- QUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES OF LOST PROFITS, LOST REVENUES, LOSS OF USE OF FACILITIES OR EQUIPMENT, OR COST OF SUBSTITUTE EQUIP- MENT ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT, EVEN IF THE CUS- TOMER HAS ADVISED TMX OF THE POSSIBILITY OF SUCH DAMAGES. TMX LIABILITY FOR DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT.
This limited warranty is
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