Galaxy 3 Operating Manual
C
the power supply chassis and the parts mounted directly thereon, (ii) the main computer printed circuit board, (iii) to the extent
installed by Arachnid, the modem (if any), and the light dimmer board. The “Warranty Period” starts on the date of delivery and
means (i) 90 days with respect to the Electronic Package, (ii) 9 months for the monitor, (iii) one year with respect to the darthead
assembly, and (iv) 30 days with respect to the cabinet and cabinet components. The Product will not be defective if it substantial-
ly fulfills the performance specifications. This warranty shall not apply to any of the Products or parts thereof repaired or altered by
anyone but Arachnid, operated or installed contrary to instructions or contrary to this Agreement, or subjected to abuse, misuse,
accident or improper environment. This warranty applies only for the benefit of the original purchaser of the Product and is not trans-
ferable. For this warranty to apply, Buyer must (i) give Arachnid written notice of any warranted defect within 10 days after discov-
ery and, in any event, not later than the date on which this warranty expires, and (ii) deliver the Product into Arachnid’s possession
within 15 days following the date on which the warranty claim notice is given to Arachnid. Any Product which is the subject of a
warranty claim must be shipped to Arachnid freight prepaid. Prior to repair or replacement, Arachnid shall have the right to exam-
ine the part at Arachnid’s plant in Rockford, Illinois. If Arachnid determines that this warranty is inapplicable, Arachnid will notify
Buyer, and labor and parts furnished at Buyer’s request shall be paid for by Buyer at Arachnid’s then current rates and prices.
Arachnid neither assumes nor authorizes anyone to assume for it any obligation or liability in connection with the Product which is
not expressly provided for under this Agreement. Arachnid’s liability under this warranty shall be limited to repairing or replacing
warranted Products and the expense of the lowest transportation costs for return to Buyer or, if the Product in question cannot be
repaired or replaced by Arachnid, to the return of the purchase price paid for the defective or nonconforming warranted Product in
question; provided, that Buyer shall first return to Arachnid, and Arachnid shall have the right to thereafter retain as its own proper-
ty, those Products for which a refund of the purchase price is to be made. Notwithstanding anything to the contrary in this Section 4,
Arachnid does not warrant that the operation of the Game Software will be uninterrupted or error-free.
THE WARRANTY SET OUT
IN THIS SECTION 4 IS THE ONLY WARRANTY APPLICABLE TO THE ORDER OR THE PRODUCTS. ALL OTHER WAR-
RANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
5. Limitation of Liability. NEITHER ARACHNID NOR ITS DEALER OR REPRESENTATIVE, IF ANY, SHALL BE LIABLE,
WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE, FOR INCIDENTAL, CON-
SEQUENTIAL, SPECIAL OR PURELY PECUNIARY DAMAGES OR FOR LOSS OF DATA OR FOR COSTS OF REMOVAL OR
SHIPMENT. UNDER NO CIRCUMSTANCES SHALL ARACHNID’S LIABILITY OR BUYER’S REMEDY FOR DAMAGES
AGAINST ARACHNID EXCEED THE AMOUNT OF THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH
CLAIM IS MADE. IN THE EVENT THAT ARACHNID’S WARRANTY, IF ANY, OR ANY OTHER OBLIGATION OF ARACHNID
APPLICABLE TO THE PRODUCTS FAILS OF ITS ESSENTIAL PURPOSE, BUYER’S EXCLUSIVE REMEDY SHALL BE LIM-
ITED TO RETURN OF OR CREDIT FOR SO MUCH OF THE PURCHASE PRICE AS IS APPLICABLE TO THE PRODUCTS
WHICH ARE NONCONFORMING OR DEFECTIVE, PROVIDED SUCH PRODUCTS ARE RETURNED TO ARACHNID F.O.B.
ARACHNID’S PLANT IN ROCKFORD, ILLINOIS, U.S.A. NO ACTION ARISING OUT OF THE ORDER OR PERTAINING TO THE
PRODUCTS IN QUESTION MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE DATE OF SHIPMENT, OR,
IN THE CASE OF WARRANTY CLAIMS, WITHIN ONE YEAR AFTER THE CLAIM WAS OR SHOULD HAVE BEEN DISCOV-
ERED, BUT IN NO EVENT MORE THAN TWO YEARS AFTER SHIPMENT. BUYER’S REMEDIES PROVIDED IN THIS AGREE-
MENT ARE ITS SOLE AND EXCLUSIVE REMEDIES.
6. Other Provisions.
Upon Buyer’s failure to pay or otherwise perform in accordance with this Agreement or any order governed
by this Agreement, all amounts owing to Arachnid by Buyer under the order in question and any other order or obligation of Buyer
to Arachnid shall, at Arachnid’s option and without notice, become immediately due and payable. Any payment not received by
Arachnid on its due date shall be subject to a late charge of 1.5% per month until paid, unless applicable law limits this charge, in
which event, the applicable late charge shall be the maximum monthly charge permitted by applicable law. Buyer shall pay Arachnid
all attorneys’ and paralegal fees and all court costs and out-of-pocket disbursements incurred by Arachnid to effect collection.
Arachnid’s rights and Buyer’s obligations under Sections 2, 3, 4, 5 and this Section 6 of this Agreement shall survive any termina-
tion of this Agreement. This Agreement is made in and it and all matters pertaining to the Products shall be governed by the inter-
nal laws (without reference to the conflicts of laws principles thereof) of the State of Illinois. The invalidity of any term contained in
this Agreement shall not affect any other of the terms of this Agreement. The failure of any party to enforce or declare a default or
breach with respect to any particular term or condition of this Agreement or any purchase order governed by this Agreement shall
not be considered a waiver of that party’s right to enforce or declare a default or breach with respect to any other term or condition
or, on a subsequent occasion, with respect to that particular term or condition.
Galaxy 3 v1 --12/3/01
Summary of Contents for galaxy 3
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