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7. USE OF SUB-CONTRACTORS: Service provided under this Product Wa
rranty may at SYB’s option, be
performed by either SYB or its authorized Technical Representatives or Sub-Contractors at the direction of
SYB.
8. PARTS REPLACEMENT: Repair materials and parts used to perform service pursuant to this Product
Warranty will be replaced only as deemed necessary by SYB. SYB may use repaired, rebuilt or refurbished
parts as necessary in making repairs under this Product Warranty. All parts will be furnished on an
Exchange Basis, with the replaced parts becoming the property of SYB.
9. FREIGHT COSTS: In-bound freight costs for warranty repairs are incurred by the Customer. All freight costs
on out-bound warranty repaired equipment is paid by SYB will be shipped via UPS Ground Services only.
Any upgrades to Express Overnight are the responsibility of the Customer. Under this Product Warranty
Policy Customs Clearance, Duties or Taxes are not part of the freight expense cost. This warranty policy
considers freight costs as transportation expense only, not administrative or government fees mandated by
local governments.
***
If it is determined the equipment is not covered under warranty due to misuse,
the customer incurs all freight charges.
10. SHIPMENT PACKAGING: Please retain all shipment packaging for return shipments to SYB for evaluation
or service repair if needed. If shipment packaging is not retained by the Customer SYB will charge for the
replacement shipment packaging and freight costs.
11. LIMITATION OF LIABILITY: The liability of SYB hereunder is agreed to be limited to the amount equal to the
total amount of all payments made by Customer pursuant to this Product Warranty Agreement and by
acceptance of the Product Warranty Agreement. Customer hereby waives any and all claims for incidental,
special, consequential or punitive damages. Customer agrees to hold SYB harmless and indemnified from
any and all such claims by Customer and its agents, servants, employees and its successors and assigns.
12. FORCE MAJEURE: Neither party shall be liable for any failure or delay in performance under this
Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said
failures or delays are proximately caused by causes beyond that party's reasonable control and occurring
without its fault or negligence, or party to substantially meet its performance obligations under this
Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty
shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
Dates by which performance obligations are scheduled to be met will be extended for a period of time equal
to the time lost due to any delay so caused.
13. ENTIRE AGREEMENT: This agreement contains the whole agreement between the parties in regards to
product warranties. There are no other terms, obligations, covenants, representations, statements, or
conditions, oral or otherwise, of any kind whatsoever regarding this Product Warranty Agreement.
14. JURISDICTION AND GOVERNING LAW: Disputes arising under this Product Warranty Agreement shall be
exclusively subject to the jurisdiction of the federal courts of the United States and/or the state courts of
Hennepin County, State of Minnesota and jurisdiction therefore shall rest solely in Minnesota, without regard
to principles of conflicts of law that would require or permit the application of the substantive law of any other
jurisdiction.
15. ASSIGNMENT OF BINDING AGREEMENT: Customer shall not assign or transfer its rights under this
Product Warranty without the prior written consent of SYB. The provisions of this Product Warranty are
binding upon all successors, administrators, trustees and permitted assigns of Customer. This Product
Warranty may be amended, altered or changed at any time by SYB only.
How to Obtain Product Warranty Service
Contact Sybaritic Customer Service Department at:
Tel: 800-445-8418 or 952-888-8282 Fax: 952-888-8887
E-mail:
Mail: Sybaritic, Inc., 9220 James Avenue S., Bloomington, MN. 55431 USA
OO.21.0214.2.U
