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MadgeTech PR2000
Section 10: Terms and Conditions
All products furnished by MadgeTech, Inc. (“Seller”) shall be in accordance with the
following terms and conditions unless otherwise stated in writing:
These Terms and Conditions (“Terms and Conditions”) govern (a) all sales quota-
tions and sales of components, equipment, parts, and other products (“Product”)
from, and (b) all service proposals and provisions of services by Seller to the buyer of
the Products (“Buyer”). These Terms and Conditions shall take precedence over any
terms and conditions which appear on Buyer’s order or other form or any other writ-
ing or electronic transmission from Buyer. Any terms or conditions on any of Buyer’s
forms, recordings, electronic transmissions, or orders that are different from or in
addition to these Terms and Conditions are specifically rejected. Any modification
to these Terms and Conditions must be agreed to and executed in writing by Seller.
Seller’s failure to object to provisions contained in any communication from Buyer
shall not be construed as a waiver of these Terms and Conditions or as an acceptance
of any such provision. Trade custom, trade usage and past performance are supersed-
ed by these terms and conditions and shall not be used to interpret these terms and
conditions. In the event that Product includes software, the software is licensed to
Buyer in object code form only in accordance with Seller’s standard Software License
Terms that are included below.
10.1 Limited Warranty.
A. Seller Manufactured Products and Seller Provided Services.
Seller warrants to Buyer that:
(i) Seller manufactured Software (as defined in Section 23 below) shall execute the
programming instructions provided by Seller, and
(ii) Seller manufactured Product and consumables and Seller provided services
shall be free from material defects in material and workmanship under normal
uses and care, in each case until the expiration of the applicable warranty pe-
riod specified below
Seller manufactured Product is warranted for the shorter of twelve (12) months
from the date of initial installation or fifteen (15) months from the date of shipment
by Seller. Seller manufactured consumables and Software, and Seller provided services
are warranted for a period of ninety (90) days from the date of shipment or comple-
tion, as applicable. If Buyer discovers any warranty defect and notifies Seller thereof
in writing during the applicable warranty period, Seller shall, at its option, promptly
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