WARRANTY
19
STATEMENT OF LIMITED WARRANTY
INCLUDING, WITHOUT LIMITATION, DAMAGES OF LOST PROFITS, LOST REVENUES, LOSS OF USE OF FACILITIES OR EQUIPMENT, OR COST OF
SUBSTITUTE EQUIPMENT ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT, EVEN IF THE CUSTOMER HAS ADVISED TELEMATRIX,
INC.THE POSSIBILITY OF SUCH DAMAGES. TELEMATRIX, INC. LIABILITY FOR DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE OF THE
TELEMATRIX,INC..warrants to its [original end customer] [purchaser] that Spectrum PLUS, Marquis and RETRO branded products manufactured by TELEMATRIX,INC.
are free from defects in materials and workmanship for five(5)years after the date of purchase,and Regency branded products manufactured by TELEMATRIX,INC.are free
from defects in materials and workmanship for three (3) years, other than the following products for which the warranty period shall be one (1) year: handset batteries, either
NiCd or NiMH, used in TELEMATRIX, INC. cordless products. If a product fails this warranty during the warranty period, TELEMATRIX, INC. will, at its option, either
repair or replace the defective product or parts, or deliver replacements for defective products or parts on an exchange basis at no additional charge to the customer except as
set forth below.Repair parts or replacement products may be either new or reconditioned. Products or parts returned to TELEMATRIX, INC.under this warranty will become
the property of TELEMATRIX, INC. Warranties on products repaired by TELEMATRIX, INC. expire at the termination of the original warranty period.
This limited warranty does not cover
1. Products or parts which are damaged, abused or misused;
2. Any damage resulting from improper installation, maintenance or operation of the product;
3. Damage resulting from unauthorized modification or repair of the product, or from improper connection of the product to other equipment;
4. Cords, connectors and replaceable batteries;
5. Damage in transit to the TELEMATRIX, INC. repair facility;
6. Any product or part unless proof of date of purchase is submitted with the product when returned for warranty repair; or
7. Costs incurred by the customer in removing and shipping the product to TELEMATRIX,INC.for repair or replacement,and costs of reinstallation of the product.
8. Products or parts which are not owned and used by the original end user customer.
The cost and risk of loss or damage for sending the product to TELEMATRIX, INC. will be borne by the customer.
This limited warranty is non-transferable without the prior written approval of TELEMATRIX, INC. It gives the customer specific legal rights. The customer may have
other rights which vary under local law. Some jurisdictions may not allow limitations on the term of an implied warranty or exclusions or limitations of incidental or
consequential damages.
TELEMATRIX, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES EXCEPT THE LIMITED WARRANTY SET FORTH HEREIN, WHICH IS THE SOLE AND
EXCLUSIVE WARRANTY OF THE PRODUCT, AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED,
OR STATUTORY. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER'S
SOLE REMEDY UNDER THE TELEMATRIX, INC. WARRANTY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. IN NO EVENT WILL
TELEMATRIX, INC. BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
DEFECTIVE PRODUCT.