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28 TOSHIBA XM-6401B/TXM6401F1 CD-ROM Drive
oshiba America Electronic Components, Inc. (“TAEC”) warrants that all products
will, upon delivery by TAEC to the customer in new condition, be free from defects
in material and workmanship for a period of twelve (12) months after delivery. TAEC
warrants that spare Parts and Accessories will be free from defects in material and
workmanship for a period of ninety (90) days. These warranties are effective from the date
of shipment by TAEC to the original purchaser and will be extended only to that original
purchaser. TAEC will, at its option, repair or replace the defective item under warranty in
accordance with TAEC’s published Repair Policy and Procedure.
This warranty is void: (a) if the Products are used under other than normal use and
maintenance conditions, (b) if the Products are modified or altered, unless the modification
or alteration is expressly authorized by TAEC, (c) if the equipment is subject to abuse, neglect,
lightning, electrical fault, or accident, (d) if the Products are repaired by someone other than
TAEC, (e) if the serial numbers of the Products are defaced or missing, or (f) if the Products
are installed or used in combination or in assembly with products not supplied by and which
are not compatible or of inferior quality, design or performance.
This Warranty shall constitute the sole and exclusive liability of the TAEC, it's successors
or assigns, in connection with the goods purchased and is in lieu of all other Warranties,
expressed or implied, including but not limited to any implied warranty of merchantability,
fitness for a particular purpose or fitness for use, and all other obligations or liabilities of
TAEC, it's successors or assigns.
Under no circumstances will the customer or any user or other person be entitled to any direct,
indirect, special, consequential, or exemplary damages, for Breach of Contract, Tort, or
otherwise. Under no circumstances will any such person be entitled to any sum greater than
the purchase price paid for the product that is malfunctioning.
This warranty does not apply to expendable parts such as fuses, filters, removable media, and
other such parts classified by Seller as expendable.
• All repairs will be performed at TAEC’s Repair facility, except for repairs made at the
Purchaser’s site, as specifically agreed by TAEC in writing.
• Purchaser shall bear the cost of shipping to TAEC’s facility those items that fail while under
warranty. TAEC shall bear the cost of return shipment to Purchaser’s facility.
• Repairs on products that fail during the new product warranty period are warranted for the
remainder of the new product warranty period or 90 days, whichever is the greatest.
• The repair of product that failed after the expiration of the original warranty period is
warranted for ninety days from the date the repaired item is shipped back to the customer.
• To obtain service under this warranty, the Purchaser must bring the malfunction of the
Product to the attention of TAEC within the twelve (12) month period and no later than thirty
(30) days after such malfunction, whichever occurs first. Failure to bring the malfunction
to the attention of TAEC, within the prescribed time, will result in the Purchaser being not
entitled to warranty service.