TACC-VI PRODUCT LINE WARRANTY
LIMIT
ATIONS OF W
ARRANTIES AND REMEDIES FOR PRODUCT
S DELIVERED T
O L
OCA
TIONS WITHIN THE UNITED ST
ATES
A.
LIMITED W
ARRANTIES - SUBJECT T
O THE TERMS SET FOR
TH BEL
OW
, TIDEL ENGINEERING, L.P
., A TEXA
S LIMITED P
AR
TNERSHIP (“Tidel”) W
ARRANT
S ONL
Y T
O THE PERSON OR ENTITY
WHO PURCHA
SES THE PRODUCT DIRECTL
Y FROM TIDEL OR FROM A TIDEL A
UTHORIZED RESELLER THA
T, should the Product pro
ve defectiv
e b
y reason of improper workmanship or
materials, Tidel will replace all necessary electrical, electronic and mechanical parts with new or factory reconditioned replacement parts, without a charge for the parts for twelv
e (12)
months, and without a charge for the authoriz
ed service dealer labor for ninet
y (90) da
ys after the original installation of the Product, PROVIDED
, HOWEVER, THA
T IN NO EVENT SHALL
THIS LIMITED W
ARRANTY EXTEND FOR MORE THAN EIGHTEEN (18) MONTHS AF
TER THE DA
TE THE PRODUCT IS SHIPPED FROM TIDEL
’S F
ACT
OR
Y IN CARROLL
TON, TEXA
S. It shall be
Tidel’
s sole decision whether to use new
, factory
, reconditioned or replacement parts in an
y such repair or replacement. THE REMEDIES DESCRIBED HEREIN SHALL BE THE SOLE, EX
CLU
-
SIVE AND ONL
Y REMEDIES OF DIRECT BUYER AND END USER FOR BREACH OF THIS LIMITED W
ARRANTY
.
B.
DISCLAIMER OF W
ARRANTIES - TIDEL DISCLAIMS ANY W
ARRANTY WHA
TSOEVER AND THE LIMITED W
ARRANTIES CONT
AINED HEREIN WILL BE VOID OR VOIDABLE BY TIDEL IF
: (i)
the Product or an
y parts, including, without limitation, its electrical, electronic or mechanical parts, specifically including all bill acceptors and dispensing modules, ha
ve been installed, re
-
located, altered, repaired or serviced b
y an
y individual or other entit
y not authoriz
ed b
y Tidel to pro
vide such services; (ii) the serial number on the Product or an
y parts ha
ve been altered
or remo
ved; (iii) the Product or an
y parts ha
ve been subjected to accident, misuse, abuse, or negligence; (iv) the Product or an
y of its parts ha
ve been used or oper
ated contr
ary to or in
violation of the instructions, w
arnings, or manuals accompan
ying the Product or an
y of its parts, including without limitation the failure to timely or properly clean the Product or an
y of
its parts or to timely or properly perform an
y prev
entativ
e maintenance of the Product or an
y of its parts; or (v) the Product is not connected to a dedicated, grounded electrical outlet or
installed with a line conditioner appro
ved b
y Tidel. P
arts that are considered consumable (including, but not limited to
, such as printer paper
, dipsticks, screen protectors, v
end tubes, and
en
velopes) are not included in this limited w
arr
ant
y ex
cept to the extent that these items are shipped in new
, proper working condition from the Tidel F
actory with the Product. This limited
w
arr
ant
y does not co
ver an
y currency jam in an
y mechanism that is a part of the Product. THE LIMITED W
ARRANTIES ST
ATED HEREIN INCLUDE P
AR
TS AND LABOR ONL
Y A
S SET FOR
TH
IN P
ARAGRAPH A ABOVE AND EX
CLUDE ALL O
THER W
ARRANTIES
, EXPRES
S OR IMPLIED
, INCLUDING W
ARRANTIES OF MERCHANT
ABILITY OR FITNES
S FOR A P
AR
TICULAR PURPOSE,
RELA
TING T
O THE USE OR PERFORMANCE OF THE PRODUCT AND THE P
AR
TS
, WHETHER OR NO
T PURPOSES OR SPECIFICA
TIONS ARE DESCRIBED OR PROVIDED BY TIDEL WITH RESPECT
TO THE PRODUCT OR P
AR
TS
.
C.
LIMIT
ATIONS OF REMEDIES - TIDEL
’S LIABILITY T
O DIRECT BUYER AND T
O END USER, FOR ANY CA
USE WHA
TSOEVER, AND REGARDLES
S OF THE FORM OF ACTION, WHETHER IN
CONTRACT OR IN T
OR
T (INCLUDING NEGLIGENCE ACTIONS), OR O
THERWISE, ARISING IN CONNECTION WITH THE PRODUCT
, P
AR
TS OR THE FOREGOING LIMITED W
ARRANTIES SHALL
BE LIMITED T
O THE COST OF REP
AIR AND REPLACEMENT OF THE PRODUCT OR P
AR
TS IN ACCORDANCE WITH THE LIMITED W
ARRANTIES
. TIDEL SHALL NO
T BE LIABLE FOR SPECIAL,
INCIDENT
AL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NO
T LIMITED T
O
, DAMAGE OR L
OS
S OF O
THER PROPER
TY OR EQUIPMENT
, L
OS
S OF PROFIT
S OR REVENUE,
LOS
S OF S
AVINGS
, L
OS
S OF OR INABILITY T
O USE OF THE PRODUCT OR A
SSOCIA
TED EQUIPMENT
, COST OF CAPIT
AL, COST OF PURCHA
SED OR REPLACEMENT P
AR
TS OR EQUIPMENT
,
LOS
S OF OPPOR
TUNITY
, L
OS
S OF BUSINES
S, DOWNTIME, INJUR
Y T
O PROPER
TY
, PERSONAL INJUR
Y, OR ANY SPECIAL, INCIDENT
AL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN
CONNECTION WITH CLAIMS OF THIRD P
AR
TIES
.
D
. LIMIT
ATIONS OF W
ARRANTY RESPONSE TIME - R
esponse time for repair requests are not guar
anteed for equipment locations ex
ceeding 150 miles from an existing Tidel Certified Ser
-
vice Pro
vider
’s facilit
y, regardless of w
arr
ant
y t
ype or extended w
arr
ant
y options purchased b
y the Direct Buy
er or End User
.
E.
INSPECTION OF THE PRODUCT OR P
AR
TS; TIME LIMIT FOR CER
TAIN CLAIMS - Direct Buy
er and End User are responsible for inspecting and shall inspect the Product and an
y parts
upon receipt and shall notif
y Tidel at 2025 W
. Belt Line R
oad #114, Carrollton, T
exas 75006-6453 in writing b
y certified mail, return receipt requested (postage prepaid, deposited with the
United States P
ostal Service) of an
y claims, including claims for breach of limited w
arr
anties, within thirt
y (30) da
ys after the Direct Buy
er or End User disco
vers or should ha
ve disco
vered
the facts upon which the claim is based. The failure to giv
e written notice of a claim to Tidel within this time period shall constitute a w
aiv
er and relinquishment of such claim.
F.
REGISTRA
TION OF THE PRODUCT - The registr
ation card enclosed with the Product must be mailed b
y the Direct Buy
er (if the Product is sent from the Tidel F
actory to the Direct Buy
er)
or b
y End User (if the Product is sent from the Tidel F
actory to the End User) to Tidel Engineering, L.P
., 2025 W
. Belt Line R
oad #114, Carrollton, T
exas 75006, within ten (10) da
ys after
the date of original installation of the Product. If the registr
ation card is not on file at Tidel, the installation date will be presumed to be thirt
y (30) da
ys after the Product is shipped from
the Tidel F
actory
.
G.
LIMIT
ATION OF LIABILITY - The limited w
arr
anties of Tidel shall be subject in all respects to the limitations, disclaimers, and ex
clusions set forth herein. No action, regardless of form,
arising out of this limited w
arr
ant
y ma
y be commenced more than one (1) y
ear after the cause of action has occurred.
H.
CHOICE OF LA
WS; VENUE - This document shall be construed, interpreted and enforced b
y applying the la
w of the state of T
exas and without applying principles of conflicts of la
ws and
without giving regard to an
y international con
vention for the sale of goods. The pro
visions stated in this document shall be enforced against Direct Buy
er and End User to the maximum
extent permitted under applicable la
w
. All disputes arising hereunder shall be submitted to a state or feder
al court of competent jurisdiction within Dallas Count
y, State of T
exas.
To contact Tidel about a claim or otherwise, contact Tidel Engineering, 2025 W
. Belt Line R
oad #114, Carrollton, T
exas 75006-6453, 972-484-3358 (T
oll Free: 1-800-678-7577)
Summary of Contents for TACC-VI
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