Telematrix SP200 User Manual

Page 32

STATEMENT OF LIMITED WARRANTY

TeleMatrix, Inc. (TMX) warrants to its [original end customer] [purchaser] that Spectrum and Marquis
branded produ cts man ufactured by TM X are fre e fro m d efects i n m aterials and workmanship for
(5) years, and Spectrum PLUS for (2) years after the date of purchase, and Regency branded products
manufactured by TMX are f ree from defects in materials and workmanship for (3) years, other than
the following products for which the warranty period shall be one (1) year: handset batteries, either
NiCd or NiMH, used in TMX cordless products. If a product fails this warranty during the warranty
period, T MX w ill, a t i ts o ption, eith er r epair or r eplace th e d efective product or pa rts, or deliver
replacements for defective products or parts on an exchange basis at no additional charge to the
customer except as se t forth below. Re pair parts or replacement products may be eith er new or
reconditioned. Products or parts returned to TMX under this warranty will become the property of
TMX. Warranties on products repaired by TMX expire at the termination of the original warranty
period.

This limited warranty does not cover:

1.

Products or parts which are damaged, abused or misused;

Any damage resulting from improper installation, maintenance or operation of the product;

Damage resulting from unauthorized modification or repair of the product, or from improper
connection of the product to other equipment;

Cords, connectors and replaceable batteries;

Damage in transit to the TMX repair facility;

Any pr oduct or pa rt unless pr oof of date of purchase is su bmitted with the product when
returned for warranty repair; or

Costs incurred by the customer in removing and shipping the product to TMX for repair or
replacement, and costs of reinstallation of the product.

Products or parts which are not owned and used by the original end user customer.

The cost and risk of loss or damage for sending the product to TMX will be borne by the customer.

TMX EXPRESSLY D ISCLAIMS AL L WARR ANTIES E XCEPT TH E L IMITED WAR RANTY SET FOR TH
HEREIN, WHICH IS THE SOLE AND EXCLUSIVE WARRANTY OF THE PRODUCT, AND IS IN LIEU OF
ALL OTHER WAR RANTIES, WHETHER ORAL OR W RITTEN, EXPRESS OR IMPLIED, OR STA TUTORY.
THERE AR E NO IM PLIED WARRANTIES O F ME RCHANTABILITY O R F ITNESS F OR A PAR TICULAR
PURPOSE. TH E CUSTO MER’S SOL E REM EDY UNDE R THE T MX W ARRANTY S HALL BE R EPAIR OR
REPLACEMENT AS PROVIDED ABOVE. IN NO EVENT WILL TMX BE LIABLE TO CUSTOMER OR ANY
OTHER P ARTY F OR A NY INDIRECT, INCIDENTAL O R CO NSEQUENTIAL D AMAGES, IN CLUDING,
WITHOUT L IMITATION, DAMAGES OF L OST PROFITS, L OST R EVENUES, L OSS OF USE OF F ACILI-
TIES OR EQU IPMENT, OR COS T OF SU BSTITUTE E QUIPMENT ARISING OUT OF TH E U SE OR I N-
ABILITY TO USE THIS PRODUCT, EVEN IF THE CUSTOMER HAS ADVISED TMX OF THE POSSIBILITY
OF SUCH DAMAGES. TMX LIABILITY FOR DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE OF
THE DEFECTIVE PRODUCT.

This limited w arranty is non-transferable without the pr ior written a pproval of TMX. It gives the
customer s pecific legal rights. The c ustomer may have other rights which vary under local law.
Some jurisdictions ma y not a llow limitations on the ter m of a n implied w arranty or exclusions or
limitations of incidental or consequential damages.