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personnel. With respect to the Dinex warranty for the services it provides to Customer, Customer’s
exclusive remedy shall be the re-performance of the services by Dinex. The foregoing remedies are
Customer’s exclusive remedies and Dinex sole liability for warranty claims under this warranty
statement. This exclusive remedy shall not have failed of its essential purpose (as that term is used in the
Uniform Commercial Code) as long as Dinex remains willing to repair or replace defective Warranted
Products within a commercially reasonable time after being notified of Customer’s warranty claim.
LIMITATIONS
THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER WRITTEN, ORAL, EXPRESSED, IMPLIED OR STATUTORY. EXCEPT AS
PROVIDED HEREIN, NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND DATA
ACCURACY, WILL APPLY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE
DESCRIBED IN THIS DOCUMENT AND NO PRIOR STATEMENTS BY ANY OF DINEX’S
REPRESENTATIVES SHALL MODIFY OR EXPAND THESE WARRANTIES. DINEX AND
DINEX’S AFFILIATES AND REPRESENTATIVES SHALL HAVE NO LIABILITY TO
CUSTOMER FOR (1) ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
WARRANTED PRODUCTS, REGARDLESS OF WHETHER SUCH LIABILITY SHALL BE
CLAIMED IN CONTRACT, TORT, EQUITY OR OTHERWISE, (2) ANY ASSISTANCE NOT
REQUIRED UNDER DINEX’S QUOTATION OR (3) ANYTHING OCCURRING AFTER THE
WARRANTY PERIOD ENDS.
DINEX’S STANDARD WARRANTIES ONLY APPLY TO END-USER-PURCHASERS LOCATED
IN THE UNITED STATES AND CANADA. ANY SALE TO END-USER-PURCHASERS OUTSIDE
THE UNITED STATES AND CANADA WILL BE SUBJECT TO COMMERCIAL TERMS
SPECIFICALLY AGREED BY DINEX AND THE END-USER-PURCHASER. DINEX MAKES NO
WARRANTY, EXPRESS OR IMPLIED, TO END-USER-PURCHASERS OUTSIDE THE UNITED
STATES OR CANADA UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING.
These warranties do not apply to, and Dinex shall not have any obligation to Customer hereunder with
respect to, any warranty claim resulting from or arising out of: (i) normal wear and tear; (ii) damage
caused by shipping or accident; (iii) damage caused by improper installation, repair or alteration not
performed by Dinex; (iv) the use of the Warranted Product in combination with any software, tools,
hardware, equipment, supplies, accessories or any other materials or services, not furnished by Dinex or
recommended in writing by Dinex; (v) the use of the Warranted Product in a manner or environment, or
for any purpose, for which Dinex did not design or license it, or inconsistent with Dinex’s
recommendations or instructions on use including, but not limited to, power supply requirements
identified in Product Specifications; (vi) any alteration, modification or enhancement of the Warranted
Product by Customer or any third party not authorized or approved in writing by Dinex; (vii) Warranted
Product manufactured to meet customer specifications or designs; or (viii) any accessories or supplies or
other equipment or products that may be delivered with the Warranted Product.
In addition, these warranties do not cover: (i) Any defect or deficiency (including failure to conform to
Product Specifications) that results, in whole or in part, from any improper storage or handling, failure
to maintain the Warranted Products in the manner described in any applicable instructions or
specifications, inadequate back-up or virus protection or any cause external to the Warranted Products or
beyond Dinex’s reasonable control, including, but not limited to, power failure and failure to keep
Customer’s site clean and free of dust, sand and other particles or debris; (ii) the payment or
reimbursement of any facility costs arising from repair or replacement of the Warranted Products; (iii)
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