Memotec CX900e, Hardware Reference Manual, Page: 3 / 200

WARRANTY
Memotec warrants each new Product sold by Memotec will be free from defective material and workmanship.
Memotec agrees to remedy in accordance with terms specified below any such defect which is disclosed under
conditions of normal installation, use and service. To exercise the warranty the Distributor/Business Partner or
any person or corporation which purchases such Product from the Distributor/Business Partner ("end-user") must
deliver the product intact for examination, with all transportation charges prepaid, to the facility designated by
Memotec.
The specific terms of the warranty are as follows:
1. The warranty period commences on the date the unit is shipped by Memotec;
2. The warranty applies to the Distributor/Business Partner, provided however, that when Distribu-
tor/Business Partner resells any Products, pursuant to its rights hereunder, the said warranty shall
apply to any end-users which purchase such Products from Distributor/Business Partner;
3. Memotec will be responsible for both material and labour required to effect all repairs under
terms of the warranty for a warranty period of twelve (12) months (North America), fifteen (15)
months (International), from the date of shipment of the Product by Memotec, providing the unit
is returned to Memotec as specified above; and
4. During the warranty period, the Distributor/Business Partner or end-user may return defective
parts for replacement at no charge, in lieu of returning the complete Product.
This warranty does not apply if :
1. the Product has been modified by the Distributor/Business Partner or end-user or subjected to
misuse, neglect, or accident, or
2. the Product has been repaired or altered by an unauthorized service depot so that its performance
or reliability has been impaired, or
3. the Product has had the serial number altered, effaced or removed, or
4. the Product has been damaged by accessories peripherals, and/or other attachments not approved
by Memotec.
Software is warranted to substantially conform to Memotec’s specifications for a period of ninety (90) days from
the date of delivery. Memotec’s sole obligation under this warranty shall be limited to using its best efforts to
correct such Software as soon as practical after Distributor/Business Partner or end-user has notified Memotec of
such defects. Memotec does not warrant that operation of any of the Software shall be uninterrupted or error-free
or that functions contained in the licensed Software shall operate in combinations which may be selected for use
by the Distributor’s/Business Partner or end-user or meet the Distributor’s/Business Partner’s or end-user’
requirements. No warranty shall apply to any Software that is modified without Memotec’s written consent.
This warranty is in lieu of all other warranties, expressed or implied and no representative or person is authorized
to assume for Memotec any other liability in connection with the sale of the Product and Software.
IN NO EVENT SHALL MEMOTEC BE LIABLE, WHETHER IN CONTRACT OR IN TORT OR ON ANY
OTHER BASIS, FOR ANY DAMAGES SUSTAINED BY THE DISTRIBUTOR/ BUSINESS PARTNER OR
ANY OTHER PERSON ARISING FROM OR RELATED TO LOSS OF USE, FAILURE OR
INTERRUPTION IN OPERATION OF ANY PRODUCTS, OR DELAY IN MAINTENANCE OR FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OR LIABILITIES , OR FOR
LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN
CONNECTION WITH THE SALE, LEASE, MAINTENANCE, USE PERFORMANCE, FAILURE OR
INTERRUPTION OF THE PRODUCTS.