Warranty
Octagon Systems Corporation (Octagon), warrants that its standard
hardware products will be free from defects in materials and
workmanship under normal use and service for the current
established warranty period. Octagon’s obligation under this
warranty shall not arise until Buyer returns the defective product,
freight prepaid to Octagon’s facility or another specified location.
Octagon’s only responsibility under this warranty is, at its option, to
replace or repair, free of charge, any defective component part of such
products.
Limitations on warranty
The warranty set forth above does not extend to and shall not apply
to:
1. Products, including software, which have been repaired or altered by
other than Octagon personnel, unless Buyer has properly altered or
repaired the products in accordance with procedures previously
approved in writing by Octagon.
2. Products which have been subject to power supply reversal, misuse,
neglect, accident, or improper installation.
3. The design, capability, capacity, or suitability for use of the Software.
Software is licensed on an “AS IS” basis without warranty.
The warranty and remedies set forth above are in lieu of all other
warranties expressed or implied, oral or written, either in fact or by
operation of law, statutory or otherwise, including warranties of
merchantability and fitness for a particular purpose, which Octagon
specifically disclaims. Octagon neither assumes nor authorizes any
other liability in connection with the sale, installation or use of its
products. Octagon shall have no liability for incidental or
consequential damages of any kind arising out of the sale, delay in
delivery, installation, or use of its products.
26
