ITX-F-3800/Warranty Information
v1.0
www.winsystems.com
Page 44
Appendix C. Warranty Information
WinSystems warrants that for a period of two (2) years from the date of shipment, any Products and Software purchased or
licensed hereunder which have been developed or manufactured by WinSystems shall be free of any defects and shall perform
substantially in accordance with WinSystems’ specifications therefor. With respect to any Products or Software purchased or
licensed hereunder which have been developed or manufactured by others, WinSystems shall transfer and assign to Customer
any warranty of such manufacturer or developer held by WinSystems, provided that the warranty, if any, may be assigned. The
sole obligation of WinSystems for any breach of warranty contained herein shall be, at its option, either (i) to repair or replace at
its expense any materially defective Products or Software, or (ii) to take back such Products and Software and refund the
Customer the purchase price and any license fees paid for the same. Customer shall pay all freight, duty, broker’s fees,
insurance, charges and other fees and charges for the return of any Products or Software to WinSystems under this warranty.
WinSystems shall pay freight and insurance charges for any repaired or replaced Products or Software thereafter delivered to
Customer within the United States. All fees and costs for shipment outside of the United States shall be paid by Customer. The
foregoing warranty shall not apply to any Products or Software which have been subject to abuse, misuse, vandalism, accident,
alteration, neglect, unauthorized repair or improper installation.
THERE ARE NO WARRANTIES BY WINSYSTEMS EXCEPT AS STATED HEREIN. THERE ARE NO OTHER WARRANTIES EXPRESS
OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL WINSYSTEMS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES FOR LOSS OF DATA, PROFITS OR GOODWILL. WINSYSTEMS’ MAXIMUM LIABILITY FOR ANY BREACH OF THIS
AGREEMENT OR OTHER CLAIM RELATED TO ANY PRODUCTS, SOFTWARE, OR THE SUBJECT MATTER HEREOF, SHALL NOT
EXCEED THE PURCHASE PRICE OR LICENSE FEE PAID BY CUSTOMER TO WINSYSTEMS FOR THE PRODUCTS OR SOFTWARE
OR PORTION THEREOF TO WHICH SUCH BREACH OR CLAIM PERTAINS.
Title to the Products shall remain vested in WinSystems until complete payment is made by Customer. Title to any Software shall
remain vested in WinSystems, or WinSystems’ licensor from whom WinSystems has obtained marketing rights, both before,
during and after the term of the License. Nonpayment when due of the purchase price for any Products or the License fees for
any Software, or, if applicable, taxes and/or the cost of any freight and insurance for any Products and/or Software, shall entitle
WinSystems to take possession of the Products and/or Software without notice to Customer or prejudice to WinSystems’ rights
under contract or any other legal remedy.
Until title to the Products pass in accordance with the provision set out above, except with the prior written approval of
WinSystems, no Products shall be modified, altered, moved or in any way assigned, sublet, mortgaged or charged nor may
Customer part with possession of all or part of the same.
There are no understandings, agreements or representations, express or implied, other than those set forth herein. This Order
embodies the entire agreement between the parties and may be waived, amended or supplemented only by a written instrument
executed jointly by WinSystems and Customer as evidenced only by the signature of duly authorized officers of each party. The
foregoing terms and conditions of any order which may be issued by Customer for the purchase of Products or licensing of
Software hereunder.
In the event this Order is placed in the hands of an attorney or collection agency by WinSystems to collect any sums due
hereunder to WinSystems, Customer shall pay all reasonable attorney’s fees, expenses, collection and court costs incurred by
WinSystems.
THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED UNDER THE TEXAS UNIFORM COMMERCIAL CODE AND THE
APPLICABLE LAWS OF THE STATE OF TEXAS. THE PARTIES ACKNOWLEDGE THAT ANY ACTION BROUGHT HEREUNDER
SHALL ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN TARRANT COUNTY, TEXAS.
Warranty Service
1. To obtain service under this warranty, obtain a return authorization number. In the United States, contact the WinSystems
Service Center for a return authorization number. Outside the United States, contact your local sales agent for a return
authorization number.
2. You must send the product postage prepaid and insured. You must enclose the products in an anti-static bag to protect
from damage by static electricity. WinSystems is not responsible for damage to the product due to static electricity.
