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Conditions of Use and
Limited Warranty Terms
These conditions and terms are deemed to be accepted by the customer at
the time the product is purchased, leased, lent or used, whether or not
acknowledged in writing.
Conditions of Use
The customer is only authorized to use the product for its own activities,
whether professional or private. Thus, the customer is, in particular,
forbidden to resell, lease or lend the product to any third party. In addition,
the customer has, in particular, no right to disassembly, modify, copy,
reverse engineer, create derivative works from or otherwise reduce or alter
the product. The product may also not be used in any improper way.
Limited Warranty Coverage
Ellisys warrants to the original customer of its products that its products are
free from defects in material and workmanship for the warranty period.
Subject to the conditions and limitations set forth below, Ellisys will, at its
option, either repair or replace any part of its products that prove defective
by reason of improper workmanship or materials. Repaired parts or
replacement products will be provided by Ellisys on an exchange basis, and
will be either new or refurbished to be functionally equivalent to new. If
Ellisys is unable to repair or replace the product, it will refund the current
value of the product at the time the warranty claim is made. In no event
shall Ellisys' liability exceed the original purchase price of product.
Excluded Products and Problems
This limited warranty does not cover any damage to this product that results
from improper installation, accident, abuse, misuse, natural disaster,
insufficient or excessive electrical supply, abnormal mechanical or
environmental conditions, or any unauthorized disassembly, repair, or
modification. This limited warranty also does not apply to any product on
which the original identification information has been altered, obliterated or
removed, has not been handled or packaged correctly, or has been sold as
second-hand. This limited warranty only applies to the original customer of
the product for so long as the original customer owns the product. This
limited warranty is non-transferable.
This limited warranty covers only repair, replacement or refund for defective
Ellisys products, as provided above. Ellisys is not liable for, and does not
cover under warranty, any loss of data or any costs associated with
determining the source of system problems or removing, servicing or
installing Ellisys products.
Obtaining Warranty Service
To obtain warranty service, you may return a defective product to the
authorized Ellisys dealer or distributor from which you purchased the Ellisys
product. Please confirm the terms of your dealer's or distributor's return
policies prior to returning the product. Typically, you must include product
identification information, including model number and serial number with a
detailed description of the problem you are experiencing. You must also
include proof of the date of original retail purchase as evidence that the
product is within the applicable warranty period.
The returned product will become the property of Ellisys. Repaired or
replacement product will be shipped at Ellisys' expense. Repaired or
replacement product will continue to be covered by this limited warranty for
the remainder of the original warranty or 90 days, whichever is longer.
Limitations
THE FOREGOING IS THE COMPLETE WARRANTY FOR ELLISYS PRODUCTS
AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS,
WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE,
NO OTHER WARRANTIES ARE MADE WITH RESPECT TO ELLISYS PRODUCTS
AND ELLISYS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED
HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW,
ANY WARRANTY THAT MAY EXIST UNDER NATIONAL, STATE, PROVINCIAL
OR LOCAL LAW INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY
OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
ARE LIMITED TO THE PERIODS OF TIME SET FORTH ABOVE. SOME STATES
OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELLISYS PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL
COMPONENTS IN LIFE SUPPORT EQUIPMENT OR FOR APPLICATIONS IN
WHICH THE FAILURE OR MALFUNCTION OF THE PRODUCTS WOULD CREATE
A SITUATION IN WHICH PERSONAL INJURY OR DEATH IS LIKELY TO
OCCUR. ELLISYS SHALL NOT BE LIABLE FOR THE DEATH OF ANY PERSON
OR ANY LOSS, INJURY OR DAMAGE TO PERSONS OR PROPERTY BY USE OF
PRODUCTS USED IN APPLICATIONS INCLUDING, BUT NOT LIMITED TO,
MILITARY OR MILITARY-RELATED EQUIPMENT, TRAFFIC CONTROL
EQUIPMENT, DISASTER PREVENTION SYSTEMS AND MEDICAL OR MEDICAL-
RELATED EQUIPMENT.
ELLISYS' TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY,
EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND.
REPAIR, REPLACEMENT OR REFUND ARE THE SOLE AND EXCLUSIVE
REMEDIES FOR BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELLISYS SHALL
NOT BE LIABLE TO THE CUSTOMER OF AN ELLISYS PRODUCT FOR ANY
DAMAGES, EXPENSES, LOST DATA, LOST REVENUES, LOST SAVINGS, LOST
PROFITS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM THE PURCHASE, USE OR INABILITY TO USE THE ELLISYS
PRODUCT, EVEN IF ELLISYS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.
Severability
If any provision or any portion of any provision contained in these terms is
held to be invalid, illegal or unenforceable by a court of competent
jurisdiction, then the remaining provisions, and if a portion of any provision
is unenforceable, then the remaining portion of such provision shall,
nevertheless, remain in full force and effect. The parties undertake to
negotiate in good faith with a view to replace such invalid, illegal or
unenforceable provision or part thereof with another provision not so
invalid, illegal or unenforceable with the same or similar effect, and further
agree to be bound by the mutually agreed substitute provision.
Warranty Period
The warranty begins on the date of purchase and covers a period of two (2)
years.
Governing Law
These conditions and terms shall be governed by and construed in
accordance with the law of Switzerland.
Jurisdiction; Venue
The parties consent to the exclusive personal jurisdiction of, and venue in,
the District Court of Geneva, Switzerland.
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