Elo TouchSystems 192XL-XXWA-1 Series - Manual (Page 49)

Elo Entuitive Touchmonitor User Guide
49
W
ARRANTY
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 components of the product is 1 year.
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 components 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 product, unless otherwise directed in writing by the Seller. Within thirty (30)
days after submitting such notice, Buyer shall package the allegedly defective Product 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) modifying 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 REMEDIES FOR BREACH
OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE,
SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE
OR OTHERWISE, 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 WARRANTY FOR THE GOODS
OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S LIABILITY UNDER
THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF
THE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF
PROCUREMENT OR INSTALLATION OF SUBSTITUTE GOODS BY BUYER OR FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from
all liability relating to (i) assessing the suitability for Buyer’s intended use of the Products and
of any system design or drawing and (ii) determining the compliance of Buyer’s use of the
Products with applicable laws, regulations, codes, and standards. Buyer retains and accepts full
responsibility for all warranty and other claims relating to or arising from Buyer’s products,
which include or incorporate Products or components manufactured or supplied by Seller.
Buyer is solely responsible for any and all representations and warranties regarding the
Products made or authorized by Buyer. Buyer will indemnify Seller and hold Seller harmless
from any liability, claims, loss, cost, or expenses (including reasonable attorney’s fees)
attributable to Buyer’s products or representations or warranties concerning same.