Telematrix SP300 User Manual

Page 34

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34

STATEMENT OF LIMITED WARRANTY

TeleMatrix, Inc. (TMX) warrants to its [original end customer] [purchaser] that Spectrum and

Marquis branded products manufactured by TMX are free from defects in materials and workmanship

for five (5) years, SpectrumPLUS two (2) 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 warranty 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 LIABLE TO CUSTOMER OR ANY

OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,

WITHOUT LIMITATION, DAMAGES OF LOST PROFITS, LOST REVENUES, LOSS OF USE OF FACILI-

TIES OR EQUIPMENT, OR COST OF SUBSTITUTE EQUIPMENT ARISING OUT OF THE USE OR IN-

ABILITY TO USE THIS PRODUCT, EVEN IF THE CUSTOMER 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 non-transferable without the prior written approval of TMX. It gives the

customer specific legal rights. The customer may have other rights which vary under local law.

Some jurisdictions may not allow limitations on the term of an implied warranty or exclusions or

limitations of incidental or consequential damages.

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