KEY SYSTEMS DEALER AGREEMENT
SAMSUNG TELECOMMUNICATIONS AMERICA
KEY SYSTEMS LIMITED WARRANTY
SAMSUNG TELECOMMUNICATIONS AMERICA, L.P. (“Samsung”), warrants to its authorized Dealers and to the
original retail purchaser (“Users”) of a Samsung product for a period of 24 months from the date of
shipment of the Product from Samsung’s facility, that the Product (except for lamps, fuses, and other
consumable items) will be free from defects in material and workmanship. Repaired or replaced materials
shall be warranted for the balance of the warranty remaining on the original equipment, or 90 days from
date of shipment from Samsung’s facility, whichever is longer.
This warranty is for the benefit of and shall apply only to authorized Dealers and to Users. This warranty will
not apply if the defect arises out of accident, neglect, alteration or misuse, failure of electric power, air
conditioning, humidity control, causes other than ordinary use, or causes beyond Samsung’s control. All
warranty claims shall be waived unless reported, in writing, to Samsung or its authorized Dealer, prior to the
expiration of the applicable warranty period.
The obligation of Samsung under this warranty is, at the sole option of Samsung: 1) the repair or replace-
ment (with new or refurbished parts), of the defective or missing parts that are causing the malfunction
and which are determined to be the defective by Samsung, and the return shipment of such parts to the
Dealer (Dealer or User shall be responsible to pay for shipment of the defective parts to Samsung and for all
the expenses connected with their removal and reinstallation); or 2) in lieu of repair or replacement,
Samsung may refund the price charged by Samsung to its Dealer for such parts as are determined by
Samsung to be defective and which are returned to Samsung through an authorized Dealer within the
warranty period and no later than 30 days after such malfunction, whichever occurs first.
To obtain service under this warranty:
(1)
USERS must provide written notice of the malfunction to an authorized Samsung Dealer within the
warranty period and not later than 30 days after the date of the malfunction, whichever occurs
first. If the USER is unable to identify an authorized Samsung Dealer, USER must provide written
notice of the malfunction, including proof of the date of purchase of the equipment and the serial
number of the malfunctioning Product, to Samsung at its corporate offices. Upon receipt of such
notice and determination by Samsung that User is eligible for Warranty service, Samsung will
provide the USER with the name of an authorized Samsung Dealer to contact for warranty service
DEALERS must provide written notice of malfunction to Samsung no later than the expiration of
the warranty period 30 days after the date the Dealer becomes aware of the malfunction, whichever
comes first. For purposes of this Warranty, the issuance by Samsung of a Return Material Authori-
zation (RMA) number by telephone to an authorized Dealer shall be deemed to be written notice
from the Dealer with respect to the material returned under that RMA.
SAMSUNG MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIALLY DISCLAIMS ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES ARE DEALER’S
AND USER’S SOLE REMEDIES AND IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF SAMSUNG FOR
DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THE PRODUCTS, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCTS,
WHETHER IN A CONTRACT OR TORT ACTION. INCLUDING NEGLIGENCE, EVEN IF SAMSUNG HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, THE TOTAL MAXIMUM LIABILITY OF SAMSUNG FOR BREACH OF WARRANTY
SHALL BE LIMITED TO A REFUND OF THE COST OF THE DEFECTIVE PRODUCT.
No Dealer and no person other than an officer of SAMSUNG TELECOMMUNICATIONS AMERICA, L.P. may extend
or modify this warranty, and no modification or extension of this warranty shall be effective unless in
writing signed by the authorized officer of SAMSUNG TELECOMMUNICATIONS AMERICA, L.P.