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E-Series Touchcomputer User Guide 15
WARRANTY
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. With the exception of the negotiated warranty
periods; the warranty for the touchcomputer and components of the product is
one year.
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.