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528E
39
Warranty & Service Chapter 12
Warranty
Following are the terms and limitations of the Symetrix
warranty.
Symetrix, Inc. expressly warrants to the original
purchaser ( Buyer ), subject to the terms and
conditions set forth below, that the Product will be free
from defects in material and workmanship as a result
of normal commercial use for (1
8
)
months
from the
date of
shipment
.
Some Symetrix products contain embedded software
and may also be accompanied by control software
intended to be run on a personal computer. Said
software is specifically excluded from this warranty.
Symetri
x'
s warranty obligation is limited to the repair,
replacement, or refund at Symetri
x'
s sole discretion, of
the part or parts of the Product which may thus prove
defective in materials or workmanship within one year
from date of purchase under normal use and which our
examination discloses to our satisfaction to be thus
defective, provided that Buyer gives Symetrix prompt
notice of its warranty claim and satisfactory proof
thereof.
Symetrix will make every reasonable effort to ensure
that parts are available to support the repair of our
products under warranty. In the event that a product or
component part thereof becomes obsolete, unavailable
or irreparable, Symetrix reserves the right to refund a
prorated portion of the purchase price in full satisfac-
tion of all warranty claims.
In order to serve you better we require that the Buyer
shall, prior to shipping Product to Symetrix for warranty
service, contact Symetrix and secure a Return
Authorization Number that shall be included with the
returned Product. This will facilitate our efforts to keep
track of your Product and process your warranty repair
as quickly as possible. Buyer will prepay all freight
charges to ship the Product to Symetrix for warranty
inspection and service. This warranty is subject to
Symetri
x'
s inspection of the Product at its facilities and,
upon Symetri
x'
s request, satisfactory proof of purchase
(dated copy of original retail deale
r'
s invoice.)
Symetrix reserves the right to effect repairs to the
product with reconditioned components/parts.
Products once repaired under warranty will be shipped
to Buyer freight prepaid by Symetrix via United Parcel
Service (surface) or any similar shipper, to any location
designated by buyer within the Continental United
States. At Buye
r'
s request and expense Product will be
returned via airfreight. Outside the continental United
States, repaired or replaced products will be returned
freight collect.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE (INCLUDING,
WITHOUT LIMITATION ANY OBLIGATIONS OF THE
SELLER WITH RESPECT TO CONSEQUENTIAL
DAMAGES) INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR USE AND
OF ALL OTHER OBLIGATIONS OR LIABILITIES ON
OUR PART, AND WE NEITHER ASSUME, NOR
AUTHORIZE ANY OTHER PERSON TO ASSUME
FOR US, ANY OTHER LIABILITY IN CONNECTION
WITH THE SALE OF THE PRODUCT. THIS WAR-
RANTY SHALL NOT APPLY TO THIS PRODUCT OR
ANY PART THERE OF WHICH HAS BEEN SUBJECT
TO ACCIDENT, NEGLIGENCE, ALTERATION,
ABUSE, OR MISUSE. WE MAKE NO WARRANTY
WHATSOEVER IN RESPECT TO ACCESSORIES OR
PARTS NOT SUPPLIED BY US. THE TERM
ORIGINAL PURCHASER, AS USED IN THIS
WARRANTY SHALL BE DEEMED TO MEAN THAT
PERSON OR COMPANY THAT ORIGINALLY
PURCHASED THE PRODUCT.
This Symetrix product has been designed and
manufactured for use in professional/industrial systems
and is not intended for other usage. This warranty only
applies to Buyers using the Product in professional/
industrial systems. With respect to others, including but
not limited to consumers for personal, family, or
household use, Symetrix expressly disclaims all
warranties, including but not limited to warranties of
merchantability and fitness for a particular purpose and
the express warranties as otherwise provided herein.
Symetrix reserves the right to modify the design or
make additions to, or improvements to, its product lines
without making similar upgrades to Product purchased
by Buyer. Symetrix does not authorize any third party,
including any dealer or sales representative, to assume
any liability, effect any repairs or modifications to the
Product, or make any additional warranties or
representation regarding the Product or Product
information on behalf of Symetrix.
Symetri
x'
s total liability on any claim, whether in
contract, tort (including negligence) or otherwise arising
out of, connected with, or resulting from the manufac-
ture, sale, delivery, resale, repair, replacement or use
of Product will not exceed the purchase price of the
Product or any part thereof which gives rise to the
claim. In no event will Symetrix be liable for any
incidental or consequential damages including but not
limited to damage for lost revenue, cost of capital,
claims of customers for service interruptions or failure
to supply, and costs and expenses incurred in
connection with labor, overhead, transportation,
installation or removal of products or substitute facilities
or supply houses as a result of Product failure.
This limited warranty gives Buyer certain rights. Buyer
may have additional rights under applicable law.