TS-5 Compact BeamSplitter User Manual
Version 1.0 – September 2011
7
Limitation of Liability. In no event shall company be liable for any indirect incidental, punitive, special or
consequential damages, or damages for loss of profits, revenue, or use incurred by customer or any third
party, whether in an action in contract, or tort, or otherwise even if advised of the possibility of such damages.
Company’s liability for damages arising out of or in connection with this agreement shall in no event exceed
the purchase price of the defective equipment. The provisions of this agreement allocate risks between
company and customer. Company’s pricing reflects this allocation of risk and but for this allocation and
limitation of liability, company would not have entered into this agreement.
1.4 3ality Technica Software Warranty
3ality Technica represents and warrants that the Software shall perform substantially as represented in the
Documentation.
WARRANTY LIMITATION: THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. EXCEPT FOR THE WARRANTY EXPRESSLY
ACKNOWLEDGED HEREUNDER, 3ality Technica HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.
Limitation of Damages: 3ality Technica shall not be liable to Customer under the Warranty for any
consequential, exemplary, incidental or punitive damages, regardless of whether 3ality Technica has been
advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
Force Majeure: 3ality Technica shall not be liable to Customer for failing to perform its obligations under the
Agreement because of circumstances beyond the control of Customer. Such circumstances shall include, but
not be limited to, any acts or omissions of any government or governmental authority, natural disaster, act of
a public enemy, riot, sabotage, dispute or differences with workmen, power failure, delays in transportation
or deliveries of supplies or materials, acts of God, terrorism, or any events reasonably beyond the control of
Customer.
Indemnification: Customer shall release, defend, indemnify and hold harmless 3ality Technica from and
against any claims, damages and liability arising from use of the Software or Documentation by Customer.
1.5 Obtaining Warranty Service and Customer Support
The following information describes our current warranty support procedures. These procedures are subject
to change without notice and are expressly excluded from the Limited Warranty.
•
Our Customer Support Representatives are available to provide telephone support during business
hours (M-F, 9am-6pm Pacific Time), and after these hours for urgent “emergency” technical support.
•
Customer Support will be provided only for products under warranty or those covered under a valid
Support Agreement.
•
Before returning the Product for repair, it is necessary to obtain a Return Merchandise Authorization
(RMA) number by calling (818) 333-3000. You will be asked to provide the system’s serial number.
•
The non-functioning part should be properly packed and shipped pre-paid to 3ality Technica with the
RMA number clearly displayed on the outside of the package and on the accompanying RMA form.
We will refuse to accept any package without a valid RMA number.
•
Repairs outside the scope of the Limited Warranty require a valid and valid Support Agreement prior
to any repairs. 3ality Technica does not offer time and materials based repair services.
