© 2014 Tarts Sensors, LLC. All Rights Reserved.
8
Tarts Basic Control User
’s Guide (12/14)
Warranty Information
(a) Tarts Sensors (Tarts) warrants that products will be free from defects in materials and workmanship for a period of one (1) year
from the date of. Tarts will have no warranty obligation with respect to products subjected to abuse, misuse, negligence or accident.
If any device firmware fails to conform to the warranty set forth in this section, Tarts shall provide a bug fix or firmware patch
correcting such non-conformance within a reasonable period after Tarts receives from customer (i) notice of such non-conformance,
and (ii) sufficient information regarding such non-conformance so as to permit Tarts to create such bug fix or software patch. If any
hardware component of any product fails to conform to the warranty in this section, Tarts shall, at its option, refund the purchase
price less any discounts, or repair or replace non-conforming products with conforming products or products having substantially
identical form, fit, and function and deliver the repaired or replacement product to a carrier for land shipment to customer within a
reasonable period after Tarts receives from customer (i) notice of such non-conformance, and (ii) the non-conforming product
provided; however, if, in its opinion, Tarts cannot repair or replace on commercially reasonable terms it may choose to refund the
purchase price. Repair parts and replacement products may be reconditioned or new. All replacement products and parts become
the property of Tarts. Repaired or replacement products shall be subject to the warranty, if any remains, originally applicable to the
product repaired or replaced. Customer must obtain from Tarts a Return material authorization number (RMA) prior to returning
any products to Tarts. Products returned under this Warranty must be unmodified.
Customer may return all products for repair or replacement due to defects in original materials and workmanship if Tarts is notified
within ninety (90) days of customer’s receipt of the product. Tarts reserves the right to repair or replace products at its own and
complete discretion. Customer must obtain from Tarts a Return material authorization number (RMA) prior to returning any
products to Tarts. Products returned under this Warranty must be unmodified and in original packaging. Tarts reserves the right to
refuse warranty repairs or replacements for any products that are damaged or not in original form. For products outside the ninety-
day warranty period repair services are available at Tarts at standard labor rates for a period of one year from the customer’s
original date of receipt.
(b) As a condition to Tarts’s obligations under the immediately preceding paragraphs, customer shall return products to be examined
and replaced to Tarts’s facilities, in shipping cartons which clearly display a valid RMA number provided by Tarts. Customer
acknowledges that replacement products may be repaired, refurbished or tested and found to be complying. Customer shall bear
the risk of loss for such return shipment and shall bear all shipping costs. Tarts shall deliver replacements for products determined
by Tarts to be properly returned, shall bear the risk of loss and such costs of shipment of repaired products or replacements, and
shall credit customer’s reasonable costs of shipping such returned products against future purchases.
(c) Tarts’s sole obligation under the warranty described or set forth here shall be to repair or replace non-conforming products as set
forth in the immediately preceding paragraph, or to refund the documented purchase price for non-conforming products to
customer. Tarts’ warranty obligations shall run solely to customer, and Tarts shall have no obligation to customers of customer or
other users of the products.
Limitation of Warranty and Remedies.
THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. TARTS’ LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT.
UNDER NO CIRCUMSTANCES SHALL TARTS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR
THE PRODUCTS IS A CONSIDERATION IN LIMITING TARTS’ LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS
AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, TARTS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES,
IMPLIED OR EXPRESSED, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO
DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE
SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN
ANY OF THESE APPLICATIONS.
