5
C
HAPTER
0
L
IMITED
W
ARRANTY
(a) Elo TouchSystems, Inc., ("Seller") warrants to Buyer that the Products (i)
shall be free of defects in materials and workmanship for five (5) years from the
date of shipment for touchscreen components and controllers (except COACH
chip controller) and two (2) years from the date of shipment for TouchMonitors
(each a "Warranty Period"), (ii) shall conform to Seller's specifications for such
Products throughout the applicable Warranty Period, and (iii) shall be free of
liens and encumbrances when shipped to Buyer. If Seller agrees in writing to
provide and does provide system design, drawings, technical advice, or any
other services to Buyer in connection with Products, then Seller further warrants
to Buyer during the applicable Warranty Period that such services shall be
undertaken in accordance with Seller's reasonable technical judgment based on
Seller's understanding of pertinent technical data as of the date of performance
of such services. Seller's warranties will not apply to any Product with respect to
which there has been (i) improper installation or testing, (ii) failure to provide a
suitable operating environment, (iii) use of the Product for purposes other than
that for which it was designed, (iv) failure to monitor or operate in accordance
with applicable Seller specifications and good industry practice, (v)
unauthorized attachment or removal or alteration of any part, (vi) unusual
mechanical, physical or electrical stress, (vii) modifications or repairs done by
other than Seller, or (viii) any other abuse, misuse, neglect or accident. In no
circumstance shall Seller have any liability or obligation with respect to
expenses, liabilities or losses associated with the installation or removal of any
Product or the installation or removal of any components for inspection, testing
or redesign occasioned by any defect or by repair or replacement of a Product.
(b) Seller makes no warranty regarding the model life of monitors. Seller's
suppliers may at any time and from time to time make changes in the monitors
delivered as Products or components.
(c) Buyer shall notify Seller in writing promptly (and in no case later than thirty
(30) 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 Seller, within thirty (30) 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 it to
Seller at Buyer's expense and risk.
(d) 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 option, either (i) modifying or
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