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41
C
HAPTER
4
W
ARRANTY
Except as otherwise stated herein or in an order acknowledgment delivered to
Buyer, Seller warrants to Buyer that the Product shall be free of defects in
materials and workmanship. The warranty for the touchmonitor and
components of the product is 3 years.
Seller makes no warranty regarding the model life of components. Seller’s
suppliers may at any time and from time to time make changes in the
components delivered as Products or components.
Buyer shall notify Seller in writing promptly (and in no case later than thirty
(30) days after discovery) of the failure of any Product to conform to the
warranty set forth above; shall describe in commercially reasonable detail in
such notice the symptoms associated with such failure; and shall provide to
Seller the opportunity to inspect such Products as installed, if possible. The
notice must be received by Seller during the Warranty Period for such product,
unless otherwise directed in writing by the Seller. Within thirty (30) days after
submitting such notice, Buyer shall package the allegedly defective Product in
its original shipping carton(s) or a functional equivalent and shall ship to Seller
at Buyer’s expense and risk.
Within a reasonable time after receipt of the allegedly defective Product and
verification by Seller that the Product fails to meet the warranty set forth above,
Seller shall correct such failure by, at Seller’s options, either (i) modifying or
repairing the Product or (ii) replacing the Product. Such modification, repair, or
replacement and the return shipment of the Product with minimum insurance to
Buyer shall be at Seller’s expense. Buyer shall bear the risk of loss or damage in
transit, and may insure the Product. Buyer shall reimburse Seller for
transportation cost incurred for Product returned but not found by Seller to be
defective. Modification or repair, of Products may, at Seller’s option, take place
either at Seller’s facilities or at Buyer’s premises. If Seller is unable to modify,
repair, or replace a Product to conform to the warranty set forth above, then
Seller shall, at Seller’s option, either refund to Buyer or credit to Buyer’s
account the purchase price of the Product less depreciation calculated on a
straight-line basis over Seller’s stated Warranty Period.