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Limited Warranty Quantronix New Product
Statement
of
Warranty.
Quantronix, Inc.’s, warranty obligations are limited to the terms set forth below: Quantronix
(hereinafter referred to as the “Seller”) warrants that its new product is in accordance with Seller’s published specifications
(or those agreed upon with Buyer in writing) at the time of sale or lease and that it is free from defects in materials and
workmanship under normal use for a period of one (1) year from the date of sale or the commencement date under a
written equipment lease or rental agreement (the “Warranty Period”). If a hardware defect arises and a valid claim is
received within the Warranty Period, at its option, Seller will either (i) repair the hardware defect at no charge, using new or
refurbished replacement parts, or (ii) exchange the product with a product that is new or which has been manufactured
from new or serviceable used parts and is at least functionally equivalent to the original product, or (iii) refund the purchase
price of the product. For purposes of this warranty agreement, “Buyer” shall mean and refer to (i) the party which originally
– whether from Seller directly, or from a distributor, agent or reseller authorized by Seller – purchases, or leases under a
written equipment lease or rental agreement, the Seller’s product which is the subject of this warranty, or (ii) any
subsequent purchaser or transferee that acquires valid title to the equipment within the Warranty Period.
In the event of the occurrence of a claim under this warranty, the Buyer shall have thirty (30) days to notify Seller in writing
of the nature and specifics of the claimed defect; provided, however, that any and all claims must be received before the
expiration of the Warranty Period. Failure to notify Seller within such time period shall void this warranty. Any claim of a
warrantied defect is subject to inspection and analysis by Seller to conclusively identify or confirm the nature and cause of
failure and application of this warranty.
This is a factory warranty and any defective components, mechanical or electrical, will be repaired or replaced, at the
discretion and authorization of Seller, at Seller’s facilities in Utah. It shall be the Buyer’s responsibility to return the faulty
equipment or components to Seller at Buyer’s expense. Seller’s obligation shall not include transportation charges, nor labor,
material, or service charges involved in the removal, return or installation of equipment or components. Seller reserves the
right to incorporate improvements in material and design of its products without notice and is not obligated to incorporate
the same improvements in equipment previously manufactured.
Exclusions
and
Limitations.
This limited one (1) year warranty is applicable exclusively to original equipment products
and components that were manufactured by Seller. Seller also warrants its replacement parts, subject to the terms and
conditions set forth herein, for the lesser period of ninety (90) days from the date of delivery or until the expiration of the
original warranty, whichever is greater. Seller does not warrant, for any purpose, any external accessories, including but not
limited to computers, controllers and/or barcode scanners, that are manufactured by another manufacturer and sold under
a separate label, even if they are packaged or sold with Seller’s product. Seller’s obligation and liability under this warranty is
expressly limited to repair or replacement (at its option) of the warrantied equipment or components within the Warranty
Period. A purchase by Buyer of equipment that it had first leased or rented shall not start a new Warranty Period. Seller does
not warrant that the operation of the product will be uninterrupted or error‐free.
This warranty shall not apply to equipment or components which has/have:
1. Been the subject of repairs or modifications not authorized by Seller.
2. Been used with incompatible products.
3. Been operated under abnormal conditions or in an unintended manner.
4. Not been operated or maintained in accordance with Seller’s instructions.
5. Been subject to misuse or abuse, negligent handling, improper installation, accident, damage by fire, flood, water or
other liquid damage, abnormal electrical condition and/or power surge, earthquake, or other act of God.
6. Had serial numbers altered, defaced or removed.
7. Been operated beyond capacity.
TO
THE
EXTENT
PERMITTED
BY
LAW,
THIS
WARRANTY
AND
THE
REMEDIES
SET
FORTH
ABOVE
ARE
EXCLUSIVE
AND
IN
LIEU
OF
ALL
OTHER
WARRANTIES,
REMEDIES
AND
CONDITIONS,
WHETHER
ORAL
OR
WRITTEN,
STATUTORY,
EXPRESS
OR
IMPLIED.
AS
PERMITTED
BY
APPLICABLE
LAW,
SELLER
SPECIFICALLY
DISCLAIMS
ANY
AND
ALL
STATUTORY
OR
IMPLIED
WARRANTIES,
INCLUDING,
WITHOUT
LIMITATION,
WARRANTIES
OF
MERCHANTABILITY,
FITNESS
FOR
A
PARTICULAR
PURPOSE
AND
WARRANTIES
AGAINST
HIDDEN
OR
LATENT
DEFECTS.
IF
SELLER
CANNOT
LAWFULLY
DISCLAIM
STATUTORY
OR
IMPLIED
WARRANTIES
THEN
TO
THE
EXTENT
PERMITTED
BY
LAW,
ALL
SUCH
WARRANTIES
SHALL
BE
LIMITED
IN
DURATION
TO
THE
DURATION
OF
THIS
EXPRESS
WARRANTY
AND
TO
REPAIR
OR
REPLACEMENT
SERVICE
AS
DETERMINED
BY
SELLER
IN
ITS
SOLE
DISCRETION.
This statement sets forth the full extent of Seller’s liability for breach of any warranty or deficiency in