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Product Warranty
Cimarron Technologies Corporation (Cimarron), Warrants its standard products, to be free from
defects in material and workmanship for
three (3) years
from date of shipment. If a defect occurs, it
will be repaired or replaced (at our option) without charge for materials and labor if returned to the
factory. All Warranty work will be performed at Cimarron’s factory and in no case shall Cimarron
bear the cost of on-site labor.
Products returned under this Warranty must be unmodified. Cimarron reserves the right to refuse
Warranty repairs or replacements for any products that are damaged or not in original form.
This Warranty does not apply to any parts damaged due improper use--including accident, neglect,
unreasonable use, physical abuse, and improper installation--or to unauthorized alterations or
modifications of the equipment. Warranty excludes damage caused by lightning, fire, floods,
damage caused by environmental extremes, power surges, over voltages, or transients.
Cimarron's Warranty does not extend to batteries or fuses nor does it cover products not originally
manufactured by Cimarron, such as printers, PCs, hand held terminals, or radio equipment. Repair
by other than Cimarron, will void this guarantee. In-Warranty merchandise must shipped, freight
prepaid, to Cimarron. Cimarron will return, freight prepaid UPS Ground, the repaired or replaced
equipment to purchaser, within the United States.
Out of Warranty repairs will be billed at an hourly rate approved by the customer before work is
performed. Cost of replacement parts and shipping will be quoted and must be customer approved
prior to repair.
This Warranty applies to the original purchaser of the equipment only unless a clear chain of proof
of purchase can be provided to prove product age. Cimarron is not liable under this Warranty, or
any implied Warranty, for loss of use or for other consequential or damage experienced by the
purchaser. Some states do not permit the exclusion or limitation of implied warranties or
consequential damages. This Warranty provides special legal rights, the purchaser may have
other rights which may vary from state to state. Cimarron makes no Warranty other than the one
set forth above. Such Warranty is in lieu of all other warranties, express or implied, including but
not limited to any express or implied Warranty of merchantability or fitness for particular purposes,
and such constitutes the Warranty made with respect to the products. No guarantee is made with
respect to the products as to system performance unless such a guarantee has been set forth in a
separate contract document signed by Cimarron Technologies Corporation
Cimarron makes no other Warranty or representation implied or express for its products, designs
and derivatives with respect to merchantability, fitness for a particular purpose or any other matter.
Cimarron products are not intended, authorized or warranted by Cimarron to be suitable for use in
life support, medical or other critical applications that may involve risks of death, personal injury or
severe property or environmental damage. Cimarron in addition to the warranties disclaimed
above specifically disclaims any and all warranties implied or express for use in such applications.
Cimarron products in such applications are understood to be fully at the risk of the customer, and
that Cimarron is thereby indemnified against all damages.
Limitations of Liability. Cimarron shall not, under any circumstances, be liable for any
compensatory, consequential, incidental, future or punitive damages, whether in contract, tort or
any other legal theory, arising from the use of, or in conjunction with its products. The aggregate
liability of Cimarron to customer under this agreement for any claim arising from use of its product
is limited to the invoice price of the product. Each party acknowledges that the other party has
entered into this agreement relying on the Limitations of Liability stated herein and that those
limitations are an essential basis of the bargain between the parties.
Obligation to Indemnify. Customer agrees to indemnify, defend and hold Cimarron, its manager(s),
and applicable third parties (e.g. licensors, suppliers, consultants and contractors) (collectively
"Indemnified Persons") harmless from and against any and all third party claims, liability, loss, and
expense (including damage awards, settlement amounts, and reasonable legal fees), brought
against any Indemnified Person(s), arising out of, related to or which may arise from use of
Cimarron products.
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