Warranty – Intelligent Motion Systems IM1007 I/IE User Manual

Page 32

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WARRANTY

TWENTY-FOUR (24) MONTH LIMITED WARRANTY

Intelligent Motion Systems, Inc. (“IMS”), warrants only to the purchaser of the Product

from IMS (the “Customer”) that the product purchased from IMS (the “Product”) will be free
from defects in materials and workmanship under the normal use and service for which the
Product was designed for a period of 24 months from the date of purchase of the Product by
the Customer. Customer’s exclusive remedy under this Limited Warranty shall be the repair
or replacement, at Company’s sole option, of the Product, or any part of the Product,
determined by IMS to be defective. In order to exercise its warranty rights, Customer must
notify Company in accordance with the instructions described under the heading “Obtaining
Warranty Service.”

This Limited Warranty does not extend to any Product damaged by reason of alteration,

accident, abuse, neglect or misuse or improper or inadequate handling; improper or
inadequate wiring utilized or installed in connection with the Product; installation, operation
or use of the Product not made in strict accordance with the specifications and written
instructions provided by IMS; use of the Product for any purpose other than those for which
it was designed; ordinary wear and tear; disasters or Acts of God; unauthorized attachments,
alterations or modifications to the Product; the misuse or failure of any item or equipment
connected to the Product not supplied by IMS; improper maintenance or repair of the Product;
or any other reason or event not caused by IMS.

IMS HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR

ORAL, EXPRESS OR IMPLIED BY LAW OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE
. CUSTOMER’S SOLE REMEDY FOR ANY DEFECTIVE
PRODUCT WILL BE AS STATED ABOVE, AND IN NO EVENT WILL THE IMS BE LIABLE
FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES IN
CONNECTION WITH THE PRODUCT.

This Limited Warranty shall be void if the Customer fails to comply with all of the terms set

forth in this Limited Warranty. This Limited Warranty is the sole warranty offered by IMS with
respect to the Product. IMS does not assume any other liability in connection with the sale of
the Product. No representative of IMS is authorized to extend this Limited Warranty or to
change it in any manner whatsoever. No warranty applies to any party other than the original
Customer.

IMS and its directors, officers, employees, subsidiaries and affiliates shall not be liable for

any damages arising from any loss of equipment, loss or distortion of data, loss of time, loss
or destruction of software or other property, loss of production or profits, overhead costs,
claims of third parties, labor or materials, penalties or liquidated damages or punitive damages,
whatsoever, whether based upon breach of warranty, breach of contract, negligence, strict
liability or any other legal theory, or other losses or expenses incurred by the Customer or
any third party.

OBTAINING WARRANTY SERVICE

Warranty service may obtained by a distributor, if the Product was purchased from IMS by

a distributor, or by the Customer directly from IMS, if the Product was purchased directly
from IMS. Prior to returning the Product for service, a Returned Material Authorization (RMA)
number must be obtained. Complete the form at http://www.imshome.com/rma.html after
which an RMA Authorization Form with RMA number will then be faxed to you. Any questions,
contact IMS Customer Service (860) 295-6102.

Include a copy of the RMA Authorization Form, contact name and address, and any

additional notes regarding the Product failure with shipment. Return Product in its original
packaging, or packaged so it is protected against electrostatic discharge or physical damage
in transit. The RMA number MUST appear on the box or packing slip. Send Product to:
Intelligent Motion Systems, Inc., 370 N. Main Street, Marlborough, CT 06447.

Customer shall prepay shipping changes for Products returned to IMS for warranty service

and IMS shall pay for return of Products to Customer by ground transportation. However,
Customer shall pay all shipping charges, duties and taxes for Products returned to IMS from
outside the United States.

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