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te
horized by MagTek to resell the products, in which event, this warranty
ll, at its
laced
e,
ek reserves the right to examine the
.
t,
a three (3) day shipping service. A Return Material Authorization (RMA) number must accompany
Y
DING ANY WARRANTY OF MERCHANTABILITY OR
O
DVISED OF
THE POSSIBILITY OF SUCH DAMA NY OTHER PARTY.
IABILITY UNDER THIS AGREEMENT IS LIMITED TO THE CONTRACT PRICE OF THE
NY
PLIED WARRANTY OF
KIND
NCLUDING ANY NEGLIGENCE ON ITS PART, TO THE
STATED IN THIS SECTION
AND IN THE SECTION RELATING TO MAGTEK’S LIMITED WARRANTY.
LIMITED WARRANTY
MagTek warrants that the products sold to Reseller pursuant to this Agreement will perform in accordance with
MagTek’s published specifications. This warranty shall be provided only for a period of one year from the da
of the shipment of the product from MagTek (the “Warranty Period”). This warranty shall apply only to the
original purchaser unless the buyer is aut
shall apply only to the first repurchase.
During the Warranty Period, should this product fail to conform to MagTek’s specifications, MagTek wi
option, repair or replace this product at no additional charge except as set forth below. Repair parts and
replacement products will be furnished on an exchange basis and will be either reconditioned or new. All rep
parts and products become the property of MagTek. This limited warranty does not include service to repair
damage to the product resulting from accident, disaster, unreasonable use, misuse, abuse, customer’s negligenc
Reseller’s negligence, or non-MagTek modification of the product. MagT
alleged defective goods to determine whether the warranty is applicable.
Without limiting the generality of the foregoing, MagTek specifically disclaims any liability or warranty for
goods resold in other than MagTek’s original packages, and for goods modified, altered, or treated by customers
Service may be obtained by delivering the product during the warranty period to MagTek (1710 Apollo Court,
Seal Beach, CA 90740). If this product is delivered by mail or by an equivalent shipping carrier, the customer
agrees to insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the
warranty service location and to use the original shipping container or equivalent. MagTek will return the produc
prepaid, via
all returns.
MAGTEK MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND MAGTEK DISCLAIMS AN
WARRANTY OF ANY OTHER KIND, INCLU
FITNESS FOR A PARTICULAR PURPOSE.
EACH PURCHASER UNDERSTANDS THAT THE MAGTEK PRODUCT IS OFFERED AS IS. IF THIS
PRODUCT DOES NOT CONFORM TO MAGTEK’S SPECIFICATIONS, THE SOLE REMEDY SHALL BE
REPAIR OR REPLACEMENT AS PROVIDED ABOVE. MAGTEK’S LIABILITY, IF ANY, TO RESELLER
OR TO RESELLER’S CUSTOMERS, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO
MAGTEK BY RESELLER UNDER THIS AGREEMENT. IN NO EVENT WILL MAGTEK BE LIABLE T
THE RESELLER OR THE RESELLER’S CUSTOMER FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE SUCH PRODUCT, EVEN IF MAGTEK HAS BEEN A
GES, OR FOR ANY CLAIM BY A
LIMITATION ON LIABILITY
EXCEPT AS PROVIDED IN THE SECTIONS RELATING TO MAGTEK’S LIMITED WARRANTY,
MAGTEK’S L
PRODUCTS.
MAGTEK MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, EXPRESSED OR
IMPLIED, EXCEPT AS MAY BE STATED IN THIS AGREEMENT, AND MAGTEK DISCLAIMS A
IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY IM
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MAGTEK SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES TO PERSONS OR PROPERTY. MAGTEK FURTHER LIMITS ITS LIABILITY OF ANY
WITH RESPECT TO THE PRODUCTS, I
CONTRACT PRICE FOR THE GOODS.
MAGTEK’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDIES ARE