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Elo LCD Touchmonitor User Guide- 18
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 touchmonitors and components of the product are: 3
years monitor, 10 years IntelliTouch screen, 5 years Accu- Touch screen, 5 years
Controller.
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.
THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR BREACH
OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE,
SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE
OR OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY
PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NONINFRINGE-
MENT, OR OTHERWISE. NO EMPLOYEE OF SELLER OR ANY OTHER PARTY IS
AUTHORIZED TO MAKE ANY WARRANTY FOR THE GOODS OTHER THAN THE
WARRANTY SET FORTH HEREIN. SELLER’S LIABILITY UNDER THE WARRANTY
SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT. IN
NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR
INSTALLATION OF SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless
from all liability relating to (i) assessing the suitability for Buyer’s intended use of the
Products and of any system design or drawing and (ii) determining the compliance of
Buyer’s use of the Products with applicable laws, regulations, codes, and standards.
Buyer retains and accepts full responsibility for all warranty and other claims relating to or
arising from Buyer’s products, which include or incorporate Products or components
manufactured or supplied by Seller. Buyer is solely responsible for any and all
representations and warranties regarding the Products made or authorized by Buyer.
Buyer will indemnify Seller and hold Seller harmless from any liability, claims, loss, cost, or
expenses (including reasonable attorney’s fees) attributable to Buyer’s products or repre-
sentations or warranties concerning same.
Warranty