Warranty – Elo TouchSystems 1220L User Manual

Page 26

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25

Warranty

Except as otherwise stated herein or in an order acknowledgment delivered to
Buyer, Seller warrants to Buyer that the Product shall be free of defects in
materials and workmanship. The warranty for the touchmonitors and compo-
nents of the product are: 3 years monitor, 10 years IntelliTouch screen, 5 years
AccuTouch screen, 5 years Controller.

Seller makes no warranty regarding the model life of components. Seller’s
suppliers may at any time and from time to time make changes in the compo-
nents delivered as Products or components.

Buyer shall notify Seller in writing promptly (and in no case later than thirty
(30) days after discovery) of the failure of any Product to conform to the
warranty set forth above; shall describe in commercially reasonable detail in
such notice the symptoms associated with such failure; and shall provide to
Seller the opportunity to inspect such Products as installed, if possible. The
notice must be received by Seller during the Warranty Period for such prod-
uct, unless otherwise directed in writing by the Seller. Within thirty (30) days
after submitting such notice, Buyer shall package the allegedly defective Prod-
uct in its original shipping carton(s) or a functional equivalent and shall ship
to Seller at Buyer’s expense and risk.

Within a reasonable time after receipt of the allegedly defective Product and
verification by Seller that the Product fails to meet the warranty set forth
above, Seller shall correct such failure by, at Seller’s options, either (i) modi-
fying or repairing the Product or (ii) replacing the Product. Such modification,
repair, or replacement and the return shipment of the Product with minimum
insurance to Buyer shall be at Seller’s expense. Buyer shall bear the risk of
loss or damage in transit, and may insure the Product. Buyer shall reimburse
Seller for transportation cost incurred for Product returned but not found by
Seller to be defective. Modification or repair, of Products may, at Seller’s
option, take place either at Seller’s facilities or at Buyer’s premises. If Seller is
unable to modify, repair, or replace a Product to conform to the warranty set
forth above, then Seller shall, at Seller’s option, either refund to Buyer or
credit to Buyer’s account the purchase price of the Product less depreciation
calculated on a straight-line basis over Seller’s stated Warranty Period.

THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REM-
EDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS
WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER
WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHER-
WISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY
PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR
NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELLER
OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WAR-
RANTY FOR THE GOODS OTHER THAN THE WARRANTY SET
FORTH HEREIN.

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