Warranty Guide
Product covered by this Warranty. This Warranty excludes any and all removal or reinstallation costs and expenses including,
without limitation, labor and equipment required to remove and/or reinstall original or replacement Product(s) or parts, shipping
costs to return nonconforming Products(s) or any damage that may occur during the return of any Product(s) to Progress. This
Warranty only extends to the Products as delivered to, and is for the sole and exclusive benefit of, the end user of the Products at
the original location. Progress reserves the right to use new, reconditioned, refurbished, repaired or remanufactured products or
parts in the repair or replacement of any Product covered by this Warranty. This Warranty may not be transferred or assigned by
the end user. The repair, issuing of future purchase credit or replacement of any Products or component part within the Products
is the sole and exclusive remedy for failure of the Products to comply with the terms of this Warranty and does not extend the
Warranty period. Warranty claims regarding Products must be submitted in writing within thirty (30) days of discovery of the
defect or failure to an authorized Progress customer service representative. Products or component parts may be required
to be returned for inspection and verification of non-conformance by Progress, but no Products or component parts will be
accepted for inspection, verification or return unless accompanied by a completed return materials authorization form which can
be obtained only from an authorized Progress customer service representative. Progress is not responsible for any costs and
expenses incurred in connection with the shipment of Products to Progress, but Progress shall bear all cost and expense incurred
in connection with the shipment of replacement Products to the end user.
NO OTHER WARRANTIES: THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES
AND PROGRESS EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED RELATING DIRECTLY OR
INDIRECTLY TO THE PRODUCT(S), WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROGRESS OR ANY EMPLOYEEE, AGENT, DISTRIBUTOR OR
OTHER SUPPLIER OF PROGRESS PRODUCTS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE
WARRANTY.NO EMPLOYEE, AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF PROGRESS PRODUCTS HAS THE AUTHORITY TO
MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM PROGRESS.
LIMITATION OF LIABILITY: IN NO EVENT SHALL PROGRESS’S TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS OF ANY
KIND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING
OUT OF OR IN CONNECTION WITH, OR RESULTING FROM PROGRESS’S PERFORMANCE OR BREACH OF THIS WARRANTY,
OR FROM PROGRESS’S SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY PRODUCT(S) OR THE FURNISHING OF
ANY SERVICE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT(S) THAT GIVE RISE TO THE CLAIM, AND ANY
AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL
PROGRESS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR PUNITIVE
DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, INCLUDING WITHOUT
LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS
OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED
EQUIPMENT, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS, SERVICES
OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST OR DAMAGE
ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE FOREGOING WARRANTY
OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASER OF THE PRODUCTS
OR THE END USER, ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE OF, INABILITY TO USE, OR
THE REPAIR OR REPLACEMENT OF THE PRODUCTS.
Right to Modify or Discontinue Warranty: This Warranty is eective for the purchases of Products on or after the eective date
set forth herein and is in consideration of and is expressly subject to and conditioned by the terms set forth herein. Progress
reserves the right to modify or discontinue this Warranty without notice provided that any such modification or discontinuance
will only be eective with respect to any Products purchased after such modification or discontinuance.
Eective February 15, 2017