Computer Hardware User Manual

Warranty and Repair Policy Statement Warranty and Repair Policy Statement

General

Seller warrants that its products furnished hereunder will, at the time of delivery, be free from

defects in material and workmanship and will conform to Seller's published specifications

applicable at the time of sale. Seller's obligation or liability to Buyer for products which do not

conform to above stated warranty shall be limited to Seller, at Seller's sole discretion, either

repairing the product, replacing the product with a like or similar product, or refunding the

purchase price of the nonconforming product, provided that written notice of said nonconformance

is received by Seller within the time periods set forth below:

a. For all software products, including licensed programs, ninety (90) days from date of

initial delivery to Buyer;

b. For all hardware products, including complete systems, one year from date of initial

delivery to Buyer, subject to the additional conditions of paragraphs c) and d) below;

c. In the event that Buyer's returned product is a Discontinued product and is irrepara-

ble for any reason, Seller may elect to replace it with like or similar product that is, in

Seller's sole judgment, the closest equivalent to the returned product. Seller does not

warrant that such replacement product will be an exact functional replacement of the

returned product.

Further, all products warranted hereunder for which Seller has received timely notice of

nonconformance must be returned FOB Seller's plant no later than thirty (30) days after the

expiration of the warranty periods set forth above.

These warranties provided herein shall not apply to any products which Seller determines have

been subjected, by Buyer or others, to operating and/or environmental conditions in excess of the

limits established in Seller's published specifications or otherwise have been the subject of

mishandling, misuse, neglect, improper testing, repair, alteration or damage. THESE

WARRANTIES EXTEND TO BUYER ONLY AND NOT TO BUYER'S CUSTOMERS OR USERS

OF BUYER'S PRODUCT AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER

EXPRESS, IMPLIED OR STATUTORY INCLUDING IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL

SELLER BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

Seller's liability for any claim of any kind shall in no case exceed the obligation or liability

specified in this Warranty clause.