Vista LM104-P50 Appendix H, Limited Warranty, Standard Warranty Service, Warranties Exclusive

Appendix H

Limited Warranty

VISTA Electronics, Inc., warrants its hardware products to be free from defects in workmanship and materials, under normal use and service, for the period of three (3) years from the date of purchase from VISTA. VISTA makes no warranty that its software products will work in combination with any hardware or applications software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected.

If a product does not operate as warranted during the applicable warranty period, VISTA shall, at its option and expense, repair the defective product or part or deliver to Customer an equivalent product or part to replace the defective item. All products that are replaced will become the property of VISTA. Replacement products may, at the sole discretion of VISTA, be new or reconditioned. Any replaced or repaired product or part has a ninety (90) day warranty or the remainder of the initial warranty period, whichever is longer. This warranty is nontransferable.

VISTA shall not be responsible for any software, firmware, information or memory data of Customer contained in, stored on or integrated with any products returned to VISTA pursuant to any warranty.

Standard Warranty Service

Standard warranty service for hardware products may be obtained by delivering the defective product to VISTA during the applicable warranty period. Products returned to VISTA must be pre-authorized by VISTA with a Returned Material Authorization (RMA) number marked on the outside of the package, and sent prepaid, insured and packaged appropriately for safe shipment. VISTA will not be held responsible for product(s) lost or damaged during transit. VISTA has the right to refuse any product received without a RMA number. The repaired or replaced product will be shipped to Customer, at VISTA’s expense, no later than thirty (30) days after receipt by VISTA.

Warranties Exclusive

If a VISTA product does not operate as warranted above, Customer’s sole remedy shall be repair or replacement, at VISTA’s option. In no event shall VISTA’s liability exceed the amount paid by Customer for the product. The foregoing warranties and remedies are exclusive and are in lieu of all other warranties, expressed or implied, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose. VISTA 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.

VISTA shall not be liable under this warranty if its testing and examination disclose that the alleged defect in the product does not exist or was caused by Customer’s or any third party’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 VISTA 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 VISTA has been advised of the possibility of such damages.

Some states do not allow the exclusion or implied warranties or the limitation of incidental or consequential damages for consumer products, so the above limitations and exclusion may not apply to Customer. This warranty gives Customer specific legal rights that may vary from state to state.

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