Elo TouchSystems E125695, User Manual

Page: 30 / 33

User Manual ET1902L, ET2202L, ET2402L, ET2702L
30
Section 8: Warranty Information
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 touch monitors and their components is three years.
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 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 a product, unless
otherwise directed in writing by the Seller. Within 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 discretion, 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 discretion, 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 war
ranty set forth above, then Seller shall, at Seller’s discretion,
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, sel ler grants
no other warranties, express or implied by statute or otherwise, regarding the products, their fitness for any purpose, their quality, their
merchantability, their non-infringement, 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 compl iance 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 Product s 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, clai
ms, loss, cost, or expenses (including reasonable attorney’s fees) attributable to Buyer’s products or
representations or warranties concerning same.