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Arranty – Elo TouchSystems 1000 User Manual

Page 35

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W

ARRANTY

Except as otherwise stated herein or in an order acknowledgment delivered to Buyer, Seller warrants

to Buyer that the Product shall be free of defects in materials and workmanship. The warranty for the

touchmonitors and components of the product is 3 (three) years.

Seller makes no warranty regarding the model life of components. Seller’s suppliers may at any time

and from time to time make changes in the components delivered as Products or components.

Buyer shall notify Seller in writing promptly (and in no case later than thirty (30) days after discovery)

of the failure of any Product to conform to the warranty set forth above; shall describe in commer-

cially reasonable detail in such notice the symptoms associated with such failure; and shall provide

to Seller the opportunity to inspect such Products as installed, if possible. The notice must be re-

ceived by Seller during the Warranty Period for such product, unless otherwise directed in writing

by the Seller. Within thirty (30) days after submitting such notice, Buyer shall package the allegedly

defective Product in its original shipping carton(s) or a functional equivalent and shall ship to Seller

at Buyer’s expense and risk.

Within a reasonable time after receipt of the allegedly defective Product and verification by Seller

that the Product fails to meet the warranty set forth above, Seller shall correct such failure by, at

Seller’s options, either (i) modifying or repairing the Product or (ii) replacing the Product. Such

modification, repair, or replacement and the return shipment of the Product with minimum insur-

ance to Buyer shall be at Seller’s expense. Buyer shall bear the risk of loss or damage in transit, and

may insure the Product. Buyer shall reimburse Seller for transportation cost incurred for Product

returned but not found by Seller to be defective. Modification or repair, of Products may, at Seller’s

option, take place either at Seller’s facilities or at Buyer’s premises. If Seller is unable to modify,

repair, or replace a Product to conform to the warranty set forth above, then Seller shall, at Seller’s

option, either refund to Buyer or credit to Buyer’s account the purchase price of the Product less

depreciation calculated on a straight-line basis over Seller’s stated Warranty Period.

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