Version 1.0 4
& Conditions agreed to by the purchase of this product. Consumables are expressly
excluded from this warranty.
Notwithstanding the foregoing, Products supplied by the Company but not manufactured by
the Company are not warranted by the Company, and the Company disclaims all warranties
associated with the accuracy of any original manufacturer or third-party supplier Product
information, but the Company agrees to assign to Buyer any warranty rights in such Product
that the Company may have from the original manufacturer or third-party supplier, to the
extent such assignment is allowed by such original manufacturer or third-party supplier.
In no event shall the Company have any obligation to make repairs, replacements or
corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii)
accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer,
(iv) use of the Product in a manner for which they were not designed, (v) causes external to
the Product such as, but not limited to, power failure or electrical power surges, (vi) improper
storage and handling of the Product or (vii) use of the Product in combination with equipment
or software not supplied by the Company. If the Company determines that Product for which
Buyer has requested warranty services are not covered by the warranty hereunder, Buyer
shall pay or reimburse the Company for all costs of investigating and responding to such
request at the Company's then prevailing time and materials rates. If the Company provides
repair services or replacement parts that are not covered by this warranty, Buyer shall pay
the Company therefor at the Company's then prevailing time and materials rates.
ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR
ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCT PERFORMED
BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY WITHOUT THE
COMPANY'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS
NOT SUPPLIED BY THE COMPANY, SHALL IMMEDIATELY VOID AND CANCEL ALL
WARRANTIES WITH RESPECT TO THE PRODUCT.
THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR
REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE
EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS
WARRANTY STATEMENT, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE
PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. THE
COMPANY DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL
ACCOMPLISH ANY PARTICULAR RESULT.
NOTHING IN THIS MANUAL OR IN THE TERMS AND AGREEMENT AGREED TO AT THE
TIME OF PURCHASE SHALL BE CONSTRUED TO PROVIDE FOR THE TRANSFER,
ASSIGNMENT OR ALIENATION OF THE LIMITED WARRANTIES PROVIDED BY THE
COMPANY HEREIN TO ANY OTHER PARTY OTHER THAN BUYER, INCLUDING BUT
NOT LIMITED TO, SUCCESSORS, HEIRS, SUBSIDIARIES OR ANY OTHER THIRD
PERSON.
THE WARRANTIES IDENTIFIED ABOVE ARE THE SOLE AND EXCLUSIVE
WARRANTIES WITH RESPECT TO THIS PRODUCT AND ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE EXPRESSLY
DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A SPECIFIC PURPOSE OR USE (WHETHER
ARISING FROM STATUTE, OR OTHERWISE IN LAW, OR FROM A COURSE OF
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