13. Warranty (Continued)
of
3
LIMITED EXTENDED WARRANTY AGREEMENT
1.
Extended warranty: Rx Systems warrants the Equipment listed on previous page and will repair or replace
defec
�
ve parts with the choice of repair or replacement at Rx Systems’ op
�
on. This warranty is limited to no more
than two such repairs or replacements per year.
2.
Exclusions: (a) Rx Systems shall not be liable to repair or replace parts that became damaged or defec
�
ve due to
misuse or negligence on the part of the customer, its employees or agents, or third par
�
es, such as use of the
Equipment with non-Rx Systems pill cards. (b) Maintenance service and parts replacement shall not include
cosme
�
c damage, electrical work external to the equipment or maintenance of accessories, a
�
achments,
equipment or devices, unless spec
ifi
cally noted in this agreement. (c) Labor, parts, and other expenses incurred
by Rx Systems, Inc. to service or repair product damaged by accident, neglect, abuse, misuse,
fi
re, water or act of
nature, power or telephone facili
�
es, the failure to maintain parts in accordance with Rx Systems, Inc.
specifica
�
ons, the failure to perform prescribed customer maintenance rou
�
nes, or causes other than ordinary
use, and services or repairs requested by customer to alter or rebuild the Product, are not covered by or included
under this agreement and shall be paid by customer.
3.
Cancella
�
on and Renewal: Customer’s payment is non-refundable during the period of coverage spec
ifi
ed in this
agreement, including if the pharmacy is sold. This agreement may be renewed upon mutually agreeable terms
and condi
�
ons, provided a wri
�e
n renewal request is received by Rx Systems within the previously de
fi
ned terms.
If you elect to purchase addi
�
onal coverage, the Extended Warranty Agreement is billed at
�
me of renewal. All
agreements returned within 60 days a
�e
r the beginning coverage date noted on the agreement will be charged a
late fee of $25.00 per 30 days. A separate invoice will be sent for each late month. Agreements not returned within
60 days will be considered discon
�
nued.
4.
No
�
ce and Service: Service shall be provided by Rx Systems, Inc. during normal business hours (8:00 AM – 5:00
p.m. Central Time, Monday through Friday, except on na
�
onal and Rx Systems, Inc. holidays.) Customer shall
no
�f
y Rx Systems, Inc. of a claim under this Agreement by calling 800-922-9142 or faxing a no
�
ce to 636-925-
0041. Rx Systems, Inc. will use its best e
ff
orts to respond to inquiries within 24 hours of customer call, provided
that responses will only be made during normal business hours on Monday through Friday and not on holidays.
5.
Liability: RX SYSTEMS, INC.’S TOTAL LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES
AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER UNDER ANY THEORY OR CONTRACT, TORT, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, SHALL BE LIMITED TO CUSTOMERS ACTUAL DIRECT DAMAGES
NOT TO EXCEED THE TOTAL FEES SET FORTH IN THIS AGREEMENT, OR AT RX SYSTEMS, INC.’S OPTION, THE REPAIR
OR REPLACEMENT OF ITS PRODUCTS REPAIRED OR REPLACED PURSUANT TO THIS AGREEMENT. IN NO EVENT
WILL RX SYSTEMS, INC. BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES SUSTAINED IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF ANY PRODUCT REPAIRED
OR REPLACED PURSUANT TO THIS AGREEMENT. RX SYSTEMS, INC. SHALL NOT BE LIABLE FOR, AND CUSTOMER
ASSUMES LIABILITY FOR, ALL PERSONAL INJURY AND PROPERTY DAMAGE CONNECTED WITH THE HANDLING,
TRANSPORTATION, POSSESSION, PROCESSING, FURTHER MANUFACTURE, DISTRIBUTION, OTHER USE OR RESALE
OF ANY OF ITS PRODUCTS REPAIRED OR REPLACED PURSUANT TO THIS AGREEMENT REGARDLESS OF WHETHER
THE PRODUCT IS USED ALONE OR IN COMBINATION WITH ANY OTHER MATERIAL.
Page 18
