WARRANTY AND SERVICE INFORMATION
WARRANTY AND LIMITATIONS OF REMEDIES
TMS warrants that new equipment manufactured by TMS shall be free of defective parts and workmanship for
a period of two (2) years, commencing on the day of invoice from TMS. TMS salesmen, distributors,
representatives, or agents may have made oral statements about the equipment described herein. Such
statements do not constitute warranties, shall not be relied on by the buyer and are not part of this contract of
sale.
EXCEPT AS SET FORTH ABOVE, TMS MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO BUYER
OR ANY OTHER PERSON AS TO THE EQUIPMENT'S FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, DESIGN, CONDITION, OR ANY OTHER ASPECT OF THE EQUIPMENT WHICH IS THE
SUBJECT OF THIS CONTRACT OF SALE, ITS COMPONENTS, WORKMANSHIP AND MATERIALS; BUYER
TAKES AND ACCEPTS THE EQUIPMENT AS IS
. By reason of his acceptance of delivery of the equipment,
Buyer agrees that the equipment is in proper operating order, conforms to the Buyers specifications and the terms
and conditions of the contract of sale, and has accepted the equipment in its condition on delivery as the
equipment described herein.
Buyer's remedies for damages due to breach of the warranty set forth herein shall be limited to repair or
replacement of non-conforming goods or parts within the aforesaid time period of two (2) years.
LABOR,
TRANSPORTATION, AND TRAVEL ARE NOT COVERED BY THE WARRANTY.
The parties agree that the
Buyer's sole and exclusive remedy against TMS shall be for the repair or replacement of defective parts or goods
as provided herein. Buyer agrees that no other remedy, including but not limited to incidental or consequential
damages for lost profits, lost sales, injury to persons or property, or any other incidental or consequential loss,
shall be available to it. TMS further disclaims liability for any loss, damage or injury to any person as a result of
any defects, latent or otherwise, in the equipment whether arising from TMS negligence, application of the law of
strict liability, or breach of warranty.
This warranty is automatically void and of no effect in the event of defect, damage, injury or failure of the
equipment due to any of the following causes: Acts of God; improper installation; failure to maintain the
equipment in accordance with TMS instructions; use of the equipment in any manner other than the use for which
TMS has designed and intended the equipment; attempt to install, repair or replace the equipment by any person
other than a TMS authorized employee or agent; modifications or changes to the equipment of any kind or nature;
excessive or improper usage and electrical burnouts or surges.
This writing contains the final expression of the parties' warranty agreement and is a complete and exclusive
statement of the terms of the agreement. Parol evidence shall not be admissible to supplement, modify or add to
the terms hereof for any purpose.
WARRANTY PERIOD
New components manufactured by TMS are guaranteed as outlined in the WARRANTY AND LIMITATIONS
section for a period of two years. This guarantee consists of a 12-month FACTORY SERVICE WARRANTY plus
a 12-month grace period allowed to distributors to cover shelf time, exchanges with their customers for repairs,
etc.
The warranty period starts from the date of shipment from TMS
.
Remanufactured components from TMS are guaranteed for a period of one year, beginning from the
date of shipment from TMS.
Every new or remanufactured TMS component has a date code that reflects the date of shipment from the
factory; this date code is used to determine the warranty period.
Any TMS product returned for service
without a date code or with a date code which has been altered for any reason will be considered out of
warranty
.
This warranty period does not apply to printers and accessories, or other items which are not manufactured
by TMS; those components are warranted for 90 days.
ABOUT OUR WARRANTY
The TMS FACTORY SERVICE WARRANTY is specifically limited to parts and equipment;
it does not cover
service travel and labor charges.
The warranty does not apply to parts and equipment which have been damaged by accident, lightning,
physical abuse, mis-wiring, misapplication, or improper operation.
Our service policy is to repair and return warranted equipment, or to exchange for re-manufactured
components.
We do not send out new parts and take back old or used ones at no charge.
