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Warranty & ServiceChapter 12
Warranty
Following are the terms and limitations of the Syme-
trix warranty.
Symetrix, Inc. expressly warrants to the original
purchaser (“Buyer”), subject to the terms and condi-
tions 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 the product is shipped from the fac-
tory.
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 work-
man ship within eighteen (18) months from the date
the product is shipped from the factory 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,
un avail able or irreparable, Symetrix reserves the
right to refund a prorated portion of the purchase
price in full sat is fac tion of all warranty claims. A
refund of the purchase price is prorated as follows:
100% through year one, 80% through year two, 60%
through year three, 40% through year four and 20%
through year fi ve.
In order to serve you better we request 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 in spec tion 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 origi-
nal retail dealer’s invoice.)
Symetrix reserves the right to effect repairs to the
product with reconditioned components/parts. Prod-
ucts 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 Continen-
tal United States. At Buyer’s request and expense
Product will be returned via airfreight. Outside the
con ti nen tal United States, repaired or replaced prod-
ucts 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 OB-
LIGATIONS OF THE SELLER WITH RESPECT
TO CON SE QUEN TIAL DAMAGES) INCLUDING
THE WAR RAN TIES OF MER CHANT ABIL I TY
AND FITNESS FOR USE AND OF ALL OTHER
OBLIGATIONS OR LI A BIL I TIES ON OUR PART,
AND WE NEITHER ASSUME, NOR AUTHO-
RIZE ANY OTHER PERSON TO ASSUME FOR
US, ANY OTHER LIABILITY IN CONNECTION
WITH THE SALE OF THE PRODUCT. THIS
WARRANTY SHALL NOT APPLY TO THIS
PRODUCT OR ANY PART THERE OF WHICH
HAS BEEN SUBJECT TO AC CI DENT, NEGLI-
GENCE, ALTERATION, ABUSE, OR MISUSE.
WE MAKE NO WAR RAN TY WHATSOEVER IN
RESPECT TO ACCESSORIES OR PARTS NOT
SUPPLIED BY US. THE TERM “ORIGINAL
PURCHASER,” AS USED IN THIS WAR RAN TY
SHALL BE DEEMED TO MEAN THAT PERSON
OR COMPANY THAT ORIG I NAL LY PUR-
CHASED THE PROD UCT.
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 Prod-
uct pro fes sion al/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 fi tness
for a particular purpose and the express warranties as
oth er wise 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 autho-
rize any third party, including any dealer or sales
representative, to assume any liability, effect any
repairs or mod i fi ca tions to the Product, or make
any additional warranties or rep re sen ta tion regard-
ing 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, re place -
ment 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 con se quen tial damages includ-
ing but not limited to damage for lost revenue, cost
of capital, claims of customers for service inter-
ruptions or failure to supply, and costs and ex-
penses 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 ap pli ca ble
law.
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