WARRANTY
Memotec warrants each new Product sold by Memotec will be free from defective material and
workmanship. Memotec agrees to remedy in accordance with terms specified below any such defect which
is disclosed under conditions of normal installation, use and service. To exercise the warranty the
Distributor/Business Partner or any person or corporation which purchases such Product from the
Distributor/Business Partner ("end-user") must deliver the product intact for examination, with all
transportation charges prepaid, to the facility designated by Memotec.
The specific terms of the warranty are as follows:
1.The warranty period commences on the date the unit is shipped by Memotec;
2.The warranty applies to the Distributor/Business Partner, provided however, that when Distributor/
Business Partner resells any Products, pursuant to its rights hereunder, the said warranty shall
apply to any end-users which purchase such Products from Distributor/Business Partner;
3.Memotec will be responsible for both material and labour required to effect all repairs under terms of
the warranty for a warranty period of twelve (12) months (North America), fifteen (15) month
(International), from the date of shipment of the Product by Memotec, providing the unit is
returned to Memotec as specified above; and
4.During the warranty period, the Distributor/Business Partner or end-user may return defective parts
for replacement at no charge, in lieu of returning the complete Product.
This warranty does not apply if the Product has been modified by the Distributor/Business Partner or end-
user or subjected to misuse, neglect, or accident; or if the Product has been repaired or altered by an
unauthorized service depot so that its performance or reliability has been impaired; or if the Product has had
the serial number altered, effaced or removed; or if it has been damaged by accessories peripherals, and
other attachments not approved by Memotec.
Software is warranted to substantially conform to Memotec’s specifications for a period of ninety (90) days
from the date of delivery. Memotec’s sole obligation under this warranty shall be limited to using its best
efforts to correct such Software as soon as practical after Distributor/Business Partner or end-user has
notified Memotec of such defects. Memotec does not warrant that operation of any of the Software shall be
uninterrupted or error-free or that functions contained in the licensed Software shall operate in
combinations which may be selected for use by the Distributor’s/Business Partner or end-user or meet the
Distributor’s/Business Partner’s or end-user’s requirements. No warranty shall apply to any Software that
is modified without Memotec’s written consent.
This warranty is in lieu of all other warranties, expressed or implied and no representative or person is
authorized to assume for Memotec any other liability in connection with the sale of the Product and
Software.
IN NO EVENT SHALL MEMOTEC BE LIABLE, WHETHER IN CONTRACT OR IN TORT OR ON
ANY OTHER BASIS, FOR ANY DAMAGES SUSTAINED BY THE DISTRIBUTOR/ BUSINESS
PARTNER OR ANY OTHER PERSON ARISING FROM OR RELATED TO LOSS OF USE, FAILURE
OR INTERRUPTION IN OPERATION OF ANY PRODUCTS, OR DELAY IN MAINTENANCE OR
FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OR LIABILITIES, OR
FOR LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT O
OR IN CONNECTION WITH THE SALE, LEASE, MAINTENANCE, USE PERFORMANCE,
FAILURE OR INTERRUPTION OF THE PRODUCTS.
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