CIARA
Horizon D10500 / T10500
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3.2 Limited Warranty
CIARA warrants the product (“Product”) you have purchased from CIARA or from an authorized CIARA reseller to be free from def
ects
in materials and/or workmanship under normal use during the warranty period applicable to the product as defined by the standard
warranty purchased with the Product, or any additional warranties and/or warranty extensions purchased through CIARA or an
authorized CIARA reseller. The warranty period commences on the date of delivery. This warranty extends only to you, the original
Purchaser. It is not transferable to anyone who subsequently purchases leases or otherwise obtains the Product from you. It excludes
expendable (consumable) parts.
During the warranty period, CIARA will, at no additional charge, repair or replace defective parts with new or serviceable used parts
that are equivalent to new parts in performance, form, fit and function. All exchanged parts and Products replaced under this warranty
will become the property of CIARA. If after repeated efforts, CIARA is unable to restore the Product to good working order, you may
claim the purchase price of the Product. This Limited Warranty also does not extend to any Product that has been damaged or
rendered defective (i) as a result of the use of the Product other than for its intended use, failure to use the Product in accordance
with the User’s Guide which accompanies the Product or other misuse,
abuse or negligence to the Product ; (ii) by the use of parts not
manufactured or sold by CIARA ; (iii) by modification of the Product ; (iv) as a result of service by anyone other than CIARA or an
Authorized CIARA Service Provider ; or (v) improper transportation or packaging when returning the Product to CIARA or an authorized
CIARA Service Provider.
This Limited Warranty does not extend to expendable (consumable) parts. Expendable parts are those items that during the normal
course of product usage will require periodic replacement, e.g., printer cartridges, batteries, diskette/tape head cleaning kits, etc.
Regarding any CIARA supplied software which accompanies the Product, CIARA warrants the media (e.g., hard disk, CD ROM) upon
which this software is delivered to be free from defects in material and/or workmanship for a period of ninety (90) days from the date
of purchase by the end-user. In the event of defective media, as your exclusive remedy and the sole liability of CIARA, CIARA will
replace the defective media at no charge to you if you return the defective media, with prepaid shipping, to CIARA within the warranty
period.
Except for this media warranty, this software is provided “As is” and CIARA disclaims any and all warranties, express or im
plied,
including but not limited to any implied warranty of non-infringement of third party rights, merchantability or fitness for a particular
purpose. CIARA does not warrant that the operation of this software will be uninterrupted or error free or that this software will meet
your requirements.
CIARA is not responsible for damage to or loss of any programs, data, or removable storage media. You are responsible for saving
(backing up) any programs, data or removable storage media.
EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, CIARA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY
IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED TO THE TERMS OF THIS LIMITED WARRANTY. IN NO
EVENT SHALL CIARA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS
OF BUSINESS, PROFITS, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT OR ANY CIARA SUPPLIED SOFTWARE WHICH ACCOMPANIES
THE PRODUCT, EVEN IF CIARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT REPAIR, REPLACEMENT
OR REFUND, AS APPLICABLE, UNDER THE WARRANTY SERVICES DESCRIBED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES WITH
RESPECT TO ANY BREACH OF THE CIARA LIMITED WARRANTY SET FORTH HEREIN.
Some provinces (or states) do not allow the exclusion or limitation of incidental or consequential damages for consumer products,
and some provinces (or states) do not allow limitations on how long an implied warranty lasts. In such provinces (or states), the
exclusions or limitations of this Limited Warranty may not apply to you.
This Limited Warranty gives you specific legal rights. You may also have other rights that vary from province to province and state to
state. You are advised to consult applicable provincial or state laws for a full determination of your rights.
