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9
Q u i c k R e f e r e n c e
Warranty
(A) Seller's hardware Products are warranted against defects in workmanship and
materials for a period of ninety (90) days from the date of shipment, provided the Product
remains unmodified and is operated under normal and proper conditions. Warranty
provisions and durations on software, integrated installed systems, Product modified or
designed to meet specific customer specifications ("Custom Products"), remanufactured
products, and reconditioned or upgraded products, shall be as provided in the applicable
Product specification in effect at the time of purchase or in the accompanying software
license. (B) Products may be serviced or manufactured with parts, components, or
subassemblies that originate from returned products and that have been tested as meeting
applicable specifications for equivalent new material and Products. The sole obligation of
Seller for defective hardware Products is limited to repair or replacement (at Seller's
option) on a "return to service depot" basis with prior Seller authorization. Shipment to
and from Seller will be at Seller's expense, unless no defect is found. No charge will be
made to Buyer for replacement parts for warranty repairs. Seller is not responsible for any
damage to or loss of any software programs, data or removable data storage media, or
the restoration or reinstallation of any software programs or data other than the software,
if any, installed by Seller during manufacture of the Product. The aforementioned
provisions do not extend the original warranty period of any Product that had either been
repaired or replaced by Seller. (C) The above warranty provisions shall not apply to any
Product (i) which has been repaired, tampered with, altered or modified, except by Seller's
authorized service personnel; (ii) in which the defects or damage to the Product result
from normal wear and tear, misuse, negligence, improper storage, water or other liquids,
battery leakage or failure to perform operator handling and scheduled maintenance
instructions supplied by Seller; (iii) which has been subjected to unusual physical or
electrical stress, abuse, or accident, or forces or exposure beyond normal use within the
specified operational and environmental parameters set forth in the applicable Product
specification; nor shall the above warranty provisions apply to any expendable or
consumable items, such as batteries, supplied with the Product. EXCEPT FOR THE
WARRANTY OF TITLE AND THE EXPRESS WARRANTIES STATED ABOVE,
SELLER DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED
HERUNDER INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABLILTY
AND FITNESS FOR A PARTICULAR USE. ANY IMPLIED WARRANTIES THAT MAY
BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED
WARRANTY PERIOD. SOME STATES OR COUNTRIES DO NOT ALLOW A
LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTIRES, FOR
SUCH PRODUCTS, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED
WARRANTY MAY NOT APPLY. The stated express warranties are in lieu of all
obligations or liabilities on the part of Seller for damages, including but not limited to,
special, indirect or consequential damages arising out of or in connection with the use or
performance of the Product or service. Seller's liability for damages to Buyer or others
resulting from the use of any Product or service furnished hereunder shall in no way
exceed the purchase price of said Product or the fair market value of said service, except
in instances of injury to persons or property.