Sierra opengear warranty, A. general, B. limited warranty – Sierra Video EMD-218 User Manual

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Page 26 of 29

EMD-218 Owner’s Manual

(V 2.2)

Sierra openGear Warranty

A. General

Buyer assumes all responsibility for ascertaining the suitability of Sierra Video Systems (hereinafter "SVS") products for
Buyer's intended use. No product sold by SVS is designed or manufactured for use in any manner or under any
conditions other than those described in SVS's instruction manuals and other printed material for each particular product.
If any product is used or applied in a manner or under conditions not specifically authorized by such written materials or
if any product is used by unqualified or improperly trained personnel, Buyer agrees that SVS shall have no liability of
any kind arising from such use, and Buyer agrees to indemnify and hold SVS harmless from any claims of third parties
arising from such use, and Buyer shall provide SVS with counsel of SVS's choice to defend against such claims.

B. Limited Warranty

1. This warranty applies only to the original purchaser and is non-transferable. This warranty begins on the date of
purchase and will be in effect for five (5) years for new equipment or and for three (3) years for "Factory Refurbished"
equipment. Buyer must obtain a Return Material Authorization ("RMA") number from SVS prior to returning a product
for repair. If, in SVS' sole discretion, the product is found to be defective during the term of this warranty, SVS will at its
option: (a) provide free replacement parts, and/or (b) repair the unit at an SVS facility. During the warranty period, SVS
will make every reasonable effort to support critical emergencies by supplying no-cost loan equipment while the
defective unit is being repaired. SVS will provide replacement parts and/or factory service at no charge. Buyer bears the
cost of shipping products returned to SVS under this warranty. SVS will bear the cost of shipping repaired products or
replacement parts to the Buyer.

This limited warranty shall not apply to any of SVS's goods which have been altered or which shall have been subjected
to misuse, mishandling, improper storage or negligence. The aforementioned provisions do not extend the original
warranty period of any goods which have been replaced by SVS. This limited warranty shall not apply to any goods not
of SVS's manufacture, Buyer to be entitled only to the warranty set forth in the original manufacturer's limited warranty.

THIS LIMITED WARRANTY IS EXPRESSED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS
OR LIABILITIES ON SVS'S PART.

SVS neither assumes nor authorizes any other person to assume for SVS any other liabilities in connection with the sale
of products of its own manufacture.

2. SVS's liability hereunder on any claim of any kind, except as set forth herein for any loss, injury to person or property
or damage, shall in no case exceed the price allocable to the goods which give rise to such claim.

3. In no event shall SVS be liable for any damages or injuries to person or property if any goods do not meet the
above limited warranty, including, without limitation, incidental expenses or consequential or special damages, except as
set forth in such limited warranty. The foregoing states the exclusive remedy of Buyer and the exclusive liability of SVS
for any breach of the foregoing limited warranty.

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