User Manual – 1509L
SW601532 Rev A - Page 17 of 18
Chapter 8 –
Warranty Information
Except as otherwise stated herein, or in an order acknowledgment delivered to Buyer, Seller warrants to Buyer
that the Product shall be free of defects in materials and workmanship. The warranty for the TouchMonitors and
their components is 3 (three) years.
Seller makes no warranty regarding the model life of components. Seller’s suppliers may at any time and from
time to time make changes in the components delivered as Products or components.
Buyer shall notify Seller in writing promptly (and in no case later than thirty days after discovery) of the failure of
any Product to conform to the warranty set forth above; shall describe in commercially reasonable detail in such
notice the symptoms associated with such failure; and shall provide to Seller the opportunity to inspect such
Products as installed, if possible. The notice must be received by Seller during the Warranty Period for such
product, unless otherwise directed in writing by the Seller. Within thirty days after submitting such notice, Buyer
shall package the allegedly defective Product in its original shipping carton(s) or a functional equivalent and
shall ship to Seller at Buyer’s expense and risk.
Within a reasonable time after receipt of the allegedly defective Product and verification by Seller that the
Product fails to meet the warranty set forth above, Seller shall correct such failure by, at Seller’s options, either (i)
modifying or repairing the Product or (ii) replacing the Product. Such modification, repair, or replacement and
the return shipment of the Product with minimum insurance to Buyer shall be at Seller’s expense. Buyer shall
bear the risk of loss or damage in transit, and may insure the Product. Buyer shall reimburse Seller for
transportation cost incurred for Product returned but not found by Seller to be defective. Modification or repair, of
Products may, at Seller’s option, take place either at Seller’s facilities or at Buyer’s premises. If Seller is unable
to modify, repair, or replace a Product to conform to the warranty set forth above, then Seller shall, at Seller’s
option, either refund to Buyer or credit to Buyer’s account the purchase price of the Product less depreciation
calculated on a straight-line basis over Seller’s stated Warranty Period.
These remedies shall be the buyer’s exclusive remedies for breach of warranty. Except for the express warranty
set forth above, seller grants no other warranties, express or implied by statute or otherwise, regarding the
products, their fitness for any purpose, their quality, their merchantability, their non-infringement, or otherwise.
No employee of Seller or any other party is authorized to make any warranty for the goods other than the
warranty set forth herein. Seller’s liability under the warranty shall be limited to a refund of the purchase price of
the product. In no event shall Seller be liable for the cost of procurement or installation of substitute goods by
Buyer or for any special, consequential, indirect, or incidental damages.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all liability relating
to (i) assessing the suitability for Buyer’s intended use of the Products and of any system design or drawing and
(ii) determining the compliance of Buyer’s use of the Products with applicable laws, regulations, codes, and
standards. Buyer retains and accepts full responsibility for all warranty and other claims relating to or arising
from Buyer’s products, which include or incorporate Products or components manufactured or supplied by
Seller. Buyer is solely responsible for any and all representations and warranties regarding the Products made
or authorized by Buyer. Buyer will indemnify Seller and hold Seller harmless from any liability, claims, loss, cost,
or expenses (including reasonable attorney’s fees) attributable to Buyer’s products or representations or
warranties concerning same.
