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Warranty & ServiceChapter 9
Warranty
Following are the terms and limitations of the Symetrix warranty.
Symetrix, Inc. expressly warrants to the original purchaser ( Buyer ), subject to the terms and conditions set forth
below, that the Product will be free from defects in material and workmanship as a result of normal commercial use
for eighteen (18) months from the date of shipment.
Some Symetrix products contain embedded software and may also be accompanied by control software intended to
be run on a personal computer. Said software is specifically excluded from this warranty.
Symetrix's warranty obligation is limited to the repair, replacement, or refund at Symetrix's sole discretion, of the
part or parts of the Product which may thus prove defective in materials or workmanship within one year from date
of purchase under normal use and which our examination discloses to our satisfaction to be thus defective,
provided that Buyer gives Symetrix prompt notice of its warranty claim and satisfactory proof thereof.
Symetrix will make every reasonable effort to ensure that parts are available to support the repair of our products
under warranty. In the event that a product or component part thereof becomes obsolete, unavailable or irreparable,
Symetrix reserves the right to refund a prorated portion of the purchase price in full satisfaction of all warranty
claims.
In order to serve you better we require that the Buyer shall, prior to shipping Product to Symetrix for warranty
service, contact Symetrix and secure a Return Authorization Number that shall be included with the returned
Product. This will facilitate our efforts to keep track of your Product and process your warranty repair as quickly as
possible. Buyer will prepay all freight charges to ship the Product to Symetrix for warranty inspection and service.
This warranty is subject to Symetrix's inspection of the Product at its facilities and, upon Symetrix's request,
satisfactory proof of purchase (dated copy of original retail dealer s invoice.)
Symetrix reserves the right to effect repairs to the product with reconditioned components/parts. Products once
repaired under warranty will be shipped to Buyer freight prepaid by Symetrix via United Parcel Service (surface) or
any similar shipper, to any location designated by buyer within the Continental United States. At Buyer's request
and expense Product will be returned via airfreight. Outside the continental United States, repaired or replaced
products will be returned freight collect.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, ARISING
BY LAW OR OTHERWISE (INCLUDING, WITHOUT LIMITATION ANY OBLIGATIONS OF THE SELLER WITH
RESPECT TO CONSEQUENTIAL DAMAGES) INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART, AND WE NEITHER
ASSUME, NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR US, ANY OTHER LIABILITY IN CON-
NECTION WITH THE SALE OF THE PRODUCT. THIS WARRANTY SHALL NOT APPLY TO THIS PRODUCT
OR ANY PART THERE OF WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION,
ABUSE, OR MISUSE. WE MAKE NO WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES OR PARTS
NOT SUPPLIED BY US. THE TERM ORIGINAL PURCHASER, AS USED IN THIS WARRANTY SHALL BE
DEEMED TO MEAN THAT PERSON OR COMPANY THAT ORIGINALLY PURCHASED THE PRODUCT.
This Symetrix product has been designed and manufactured for use in professional/industrial systems and is not
intended for other usage. This warranty only applies to Buyers using the Product in professional/industrial systems.
With respect to others, including but not limited to consumers for personal, family, or household use, Symetrix
expressly disclaims all warranties, including but not limited to warranties of merchantability and fitness for a
particular purpose and the express warranties as otherwise provided herein.
Symetrix reserves the right to modify the design or make additions to, or improvements to, its product lines without
making similar upgrades to Product purchased by Buyer. Symetrix does not authorize any third party, including any
dealer or sales representative, to assume any liability, effect any repairs or modifications to the Product, or make
any additional warranties or representation regarding the Product or Product information on behalf of Symetrix.
Symetrix's total liability on any claim, whether in contract, tort (including negligence) or otherwise arising out of,
connected with, or resulting from the manufacture, sale, delivery, resale, repair, replacement or use of Product will
not exceed the purchase price of the Product or any part thereof which gives rise to the claim. In no event will
Symetrix be liable for any incidental or consequential damages including but not limited to damage for lost revenue,
cost of capital, claims of customers for service interruptions or failure to supply, and costs and expenses incurred in
connection with labor, overhead, transportation, installation or removal of products or substitute facilities or supply
houses as a result of Product failure.
This limited warranty gives Buyer certain rights. Buyer may have additional rights under applicable law.
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