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Warranty
(A) Seller's hardware Products are warranted against defects in workmanship and
materials for a period of twelve (12) months 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.
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