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(B). The warranties provided pursuant to Section 7(A) apply only to the original purchaser of the EVOLUTION FS-01
and/or EVOLUTION FS-02 Frozen Merchandisers and are null and void if the EVOLUTION FS-01 and/or
EVOLUTION FS-02 Frozen Merchandisers is sold during the period of warranty.
(C). Notwithstanding anything contained herein to the contrary, the limited warranties provided for herein do not apply
to: (i) electrical components, wiring, or circuits
and/or for all mechanical parts or assemblies damaged as a result of operating the EVOLUTION FS-01 Frozen
Merchandiser at other than 115 volts, 60 Hertz current and/or EVOLUTION FS-02 Frozen Merchandiser at other than
230 volts, 50 hertz current; (ii) incandescent lamps, neon lamps, fluorescent lamps, ballasts, starters, bins and
associated components, graphics or other expendable items; (iii) when other manufactured components are installed by
Buyer in the EVOLUTION FS-01 Frozen Merchandiser and/or EVOLUTION FS-02 Frozen Merchandiser; and (iv)
coin mechanisms, bill validators, currency systems, telemetry systems, cashless payment systems, debit card readers,
and other accessories not manufactured by Seller installed at Buyer’s request.
(D). Seller is not responsible for any cost of service rendered or repairs made by buyer or its agents on merchandise or
parts unless authorization to incur expense has been given in writing by Seller prior to incurring such expense.
(E). Seller shall not be liable to Buyer under this warranty if Seller determines that the defect was caused by misuse,
abuse, vandalism, improper application, improper operation, improper maintenance, alteration, repair or modification,
negligence or use, casualty, fire, flood, storage, handling or any other cause beyond the control of Seller.
(F). THE WARRANTIES PROVIDED FOR UNDER THIS SECTION 7 ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES. SELLER EXPRESSLY DISCLAIMS AND BUYER
HEREBY WAIVES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE
BUYER ACKNOWLEDGES AND AGREES THAT NO OTHER REPRESENTATIONS OR WARRANTIES WERE
MADE TO OR RELIED UPON BY BUYER WITH RESPECT TO THE QUALITY AND FUNCTION OF THE
GOODS SOLD HEREIN. SELLER DOES NOT AUTHORIZE ANY PERSON, COMPANY OR ENTITY
WHATSOEVER TO ASSUME FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE SALE
OF SAID EQUIPMENT OR ANY PART THEREOF.
8. LIMITATIONS OF BUYER'S REMEDIES. Buyer's remedies with respect to any claim arising out of any
order, or Seller's performance in connection therewith, including, without limitation, any claim arising out of
any defect or alleged defect in any goods or services furnished by Seller, shall be limited exclusively to the repair
and replacement of defective parts as specified in Section 7 herein. Without limiting the foregoing, Seller shall
not be liable for breach of contract arising out of or in connection with a warranty claim. In no event shall Seller
be liable for any damages including, but not limited to, lost profits or other incidental or consequential damages
arising out of this agreement or the use or inability to use any of the products including, but not limited to, the
EVOLUTION FS-01 and / or the EVOLUTION FS-02 Frozen Merchandisers, even if Seller has been advised of
the possibility of such damages, or of any claim by Buyer or any other party.
9. WAIVER. Waiver by Seller of any breach by Buyer of any of the terms and conditions set forth herein shall not be
construed as a waiver of any other breach or the failure of Seller to exercise any right arising from any default of Buyer
hereunder shall not be deemed to be a waiver of such right, which may be exercised at a subsequent time.
10. GOVERNING LAW. This Agreement shall be governed by the Uniform Commercial Code as adopted by the State
of Connecticut in force as of the date hereof. Buyer consents to the jurisdiction of the state and federal courts within the
State of Connecticut. Service of process by certified or registered mail shall be sufficient to commence suit and obtain a
judgment by default. Buyer waives any right to personal service of process. Notwithstanding anything contained herein
to the contrary, if Seller so directs, any controversy or claim arising out of or related to this agreement or the
performance or breach thereof shall be resolved by binding arbitration in accordance with the rules and procedures then
obtaining of the American Arbitration Association. Any action or proceeding by Buyer arising out of or in connection
with this transaction, including any claim for Seller's breach of contract or Seller's breach of Warranty, must be
commenced within two (2) years after the delivery of the equipment to Buyer.
11. Credit. All invoices paid after the due date specified within shall accrue interest at the lesser of 2% per month or the
highest rate of interest permitted by law. In the event that the Buyer pays any invoice with a credit card, Buyer hereby
waives, releases, and discharges any all rights that Buyer may have, under the terms of Buyer's agreement with the
credit card provider, to dispute, challenge and/or protest the payment of any Seller invoice.
To Purchase This Item, Visit BMI Gaming | www.bmigaming.com | (800) 746-2255 | + 561-391-7200
