Enfora GSM2218 - Manual (Page 5)

Exceptions and Disclaimers
Enfora shall have no obligation under this limited warranty for (a) normal wear and tear, (b) the cost of
procurement of substitute products or (c) any defect that is (i) discovered by purchaser during the
warranty period but purchaser does not notify or request an RMA number from Enfora, as required
above, until after the end of the warranty period, (ii) caused by any accident, misuse, abuse, improper
installation, handling or testing, or unauthorized repair or modification of the product, (iii) caused by
use of any software other than any software supplied by Enfora, or by use of the product other than in
accordance with its documentation or (iv) the result of electrostatic discharge, electrical surge, fire,
flood or similar causes. Unless otherwise provided in a written agreement between the purchaser
and Enfora, the purchaser shall be solely responsible for the proper configuration, testing and
verification of the product prior to deployment in the field.
ENFORA’S SOLE RESPONSIBILITY AND PURCHASER’S SOLE REMEDY UNDER THIS LIMITED
WARRANTY SHALL BE TO REPAIR OR REPLACE THE PRODUCT HARDWARE, SOFTWARE OR
SOFTWARE MEDIA (OR IF REPAIR OR REPLACEMENT IS NOT POSSIBLE, OBTAIN A REFUND
OF THE PURCHASE PRICE) AS PROVIDED ABOVE. ENFORA EXPRESSLY DISCLAIMS ALL
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
SATISFACTORY PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL ENFORA BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF
USE, DATA, REVENUES OR PROFITS) RESULTING FROM A BREACH OF THIS WARRANTY OR
BASED ON ANY OTHER LEGAL THEORY, EVEN IF ENFORA HAS BEEN ADVISED OF THE
POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Other Considerations
Some jurisdictions may require a longer warranty period than specified above and, accordingly, for
products sold in those jurisdictions the applicable warranty period shall be extended as required
under the laws of those jurisdictions. Furthermore, some jurisdictions may not allow the disclaimer of
implied warranties or the exclusion or limitation of incidental or consequential damages, so the above
disclaimer, limitation or exclusion may not apply to products sold in those jurisdictions. This limited
warranty gives the purchaser specific legal rights and the purchaser may have other legal rights that
vary from jurisdiction to jurisdiction.
In some instances, certain aspects of the product warranty may also be covered in a separate written
agreement between Enfora and the distributor or reseller, if any, from whom purchaser purchased the
product. That agreement may provide, for example, a different product return procedure that may
also be available to purchaser (e.g., the product may be returned to Enfora through that distributor or
reseller).
Governing Law
This limited warranty shall be governed by the laws of the State of Texas, United States of America,
without regard to conflict of laws principles. This limited warranty shall not be governed in any respect
by the United Nations Convention on Contracts for the International Sale of Goods.