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effigis.com
CPAT FLEX
Operation Manual (IRXP)
CPAT FLEX
Operation Manual (IRXP)
• Use of the Product with any non-recommended device or service if such device or
service causes the problem.
• Installation or maintenance of Product by someone other than Effigis or persons
certified by Effigis.
• Changes to the Customer environment in which Product was installed.
• Damage caused by accident, fire, power changes, other hazards, or acts of nature.
• Consumable Product or parts thereof (e.g., parts with an expected useful life of less
than ninety (90) days, such as certain batteries).
• Product not returned in accordance with Effigis’ RA procedure.
B.2.4 Refurbished Parts and Prior Testing
The Product may incorporate reconditioned or refurbished parts or subassemblies and may
have been used in testing prior to sale.
B.2.5 Exclusive Remedies
If any Product materially fails to conform to the limited warranty set forth in this Section
(Limited Warranty), and actually fails during the applicable warranty period and under normal
use, Effigis shall, at its sole discretion, (i) repair or replace the non-conforming Product
to remedy the nonconformity identified by the Customer in accordance with this Section
(Limited Product Warranty); or (ii) issue a credit to the Customer for the amounts paid for the
Product in exchange for return of the non-conforming Product, in which case Customer’s
licences to any firmware shall be automatically revoked. The Customer hereby transfers to
Effigis title and ownership of any parts that Effigis replaces.
B.2.6 Disclaimer
THE REMEDIES EXPRESSLY PROVIDED IN THIS SECTION WILL BE THE CUSTOMER’S SOLE
AND EXCLUSIVE REMEDIES AND SHALL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES THE
CUSTOMER MAY HAVE AGAINST
EFFIGIS
WITH RESPECT TO ANY NON-CONFORMANCE OF
PRODUCTS. EXCEPT AS SPECIFIED IN THIS LIMITED PRODUCT WARRANTY,
EFFIGIS
MAKES
NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY PRODUCT.
EFFIGIS
DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH IMPLIED WARRANTY MAY BE
BASED, INCLUDING, BUT WITHOUT LIMITATION, CONTRACT, COURSE OF DEALING, USAGE,
OR TRADE PRACTICE.