Telematrix DC640 User Manual

Page 41

STATEMENT OF LIMITED WARRANTY

TeleMatrix, Inc. (TMX) warrants to its [original end customer] [purchaser] that Spectrum and Marquis
branded p roducts manufactured by TMX ar e fr ee fr om d efects in ma terials and workmanship for
(5) years, and Spectrum PLUS for (2) years after the date of purchase, and Regency branded products
manufactured by TMX are free 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, TMX will, at its o ption, either repair o r r eplace the d efective p roduct o r p arts, o r d eliver
replacements for defective products or parts on an exchange basis at no additional charge to the
customer e xcept a s set forth bel ow. Repair pa rts or r eplacement p roducts m ay be ei ther n ew o r
reconditioned. Products or parts returned to TMX under this warranty will become the property of
TMX. War ranties on products r epaired by TM X e xpire at t he te rmination of the or iginal w arranty
period.

This limited warranty does not cover:

Products or parts which are damaged, abused or misused;

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

Damage resu lting fr om unauthorized modification or re pair of the pr oduct, or f rom im-
proper connection of the product to other equipment;

Cords, connectors and replaceable batteries;

Damage in transit to the TMX repair facility;

Any product or part unless proof of date of purchase is submitted 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 EX PRESSLY DISCLAIMS A LL W ARRANTIES EX CEPT THE L IMITED W ARRANTY SET FO RTH
HEREIN, WHICH IS THE SOLE AND EXCLUSIVE WARRANTY OF THE PRODUCT, AND IS IN LIEU OF
ALL O THER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR STATUTORY.
THERE A RE N O IMPLIED W ARRANTIES OF MERC HANTABILITY OR FI TNESS FOR A PA RTICULAR
PURPOSE. THE CUSTOMER’S SOLE REMEDY UNDER THE TMX WARRANTY SHALL BE REPAIR OR RE-
PLACEMENT AS P ROVIDED ABOVE. IN NO E VENT W ILL T MX BE L IABLE T O C USTOMER O R ANY
OTHER PARTY FO R AN Y I NDIRECT,INCIDENTAL OR CO NSEQUENTIAL DAMAGES, I NCLUDING,
WITHOUT LIMITATION, DAMAGES OF LOST PROFITS, LOST REVENUES, LOSS OF USE OF FACILI-
TIES OR EQUIPMENT, OR COST OF SUBSTITUTE EQUIPMENT ARISING OUT OF THE USE OR INABIL-
ITY 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 limite d w arranty is n on-transferable w ithout the p rior written ap proval of TMX . It g ives the
customer s pecific le gal rights. The c ustomer may have other rights which v ary und er lo cal law .
Some jur isdictions ma y no t a llow limitatio ns o n the te rm of an imp lied warranty or e xclusions or
limitations of incidental or consequential damages.