Effigis CPAT FLEX ARD4 - Page 24

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CPAT FLEX User Manual (ARD4) CPAT FLEX User Manual (ARD4)
• Changes to the Customer environment in which Product was installed.
• Damage caused by accident, re, power changes, other hazards, or acts of nature.
• Consumable Product or parts thereof (e.g., parts with an expected useful life of less
than ninety (90) days, such as certain batteries).
• Product not returned in accordance with Efgis’ RA procedure.
9.2.4 Refurbished Parts and Prior Testing
The Product may incorporate reconditioned or refurbished parts or subassemblies and may
have been used in testing prior to sale.
9.2.5 Exclusive Remedies
If any Product materially fails to conform to the limited warranty set forth in this Section
(Limited Warranty), and actually fails during the applicable warranty period and under normal
use, Efgis shall, at its sole discretion, (i) repair or replace the non-conforming Product
to remedy the nonconformity identied by the Customer in accordance with this Section
(Limited Product Warranty); or (ii) issue a credit to the Customer for the amounts paid for the
Product in exchange for return of the non-conforming Product, in which case Customer’s
licences to any rmware shall be automatically revoked. The Customer hereby transfers to
Efgis title and ownership of any parts that Efgis replaces.
9.2.6 Disclaimer
THE REMEDIES EXPRESSLY PROVIDED IN THIS SECTION WILL BE THE CUSTOMER’S SOLE
AND EXCLUSIVE REMEDIES AND SHALL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES
THE CUSTOMER MAY HAVE AGAINST EFFIGIS WITH RESPECT TO ANY NON-CONFORMANCE
OF PRODUCTS. EXCEPT AS SPECIFIED IN THIS LIMITED PRODUCT WARRANTY, EFFIGIS
MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY PRODUCT.
EFFIGIS DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH IMPLIED WARRANTY MAY BE
BASED, INCLUDING, BUT WITHOUT LIMITATION, CONTRACT, COURSE OF DEALING, USAGE,
OR TRADE PRACTICE