ITEMS WITH NO WARRANTY:
BUYOUTS: Buyout warranties are limited to the manufacturers' offerings. See Product-specific web pages for exact warranty length. Company makes a reasonable effort to keep this information up to date, but buyout warranties may change without notice. Some buyout warranties are extended only from the date the Product shipped to Company from the manufacturer.
COMPANY PRODUCTS: Company Products are warranted by Company to be free from defects in materials and workmanship for one (1) year, subject to the following conditions:
Company Products with exceptional warranty periods (periods greater than and less than one year) are listed on the Product-specific web pages. Company makes a reasonable effort to keep this information up to date, but Company Product warranties may change without notice.
Company warrants that Company Products will perform substantially in accordance with specifications set forth in the respective Company product manuals. Warranty is conditional upon installation and use of Company Products that are consistent with recommendations published in Company Product manuals.
Warranty coverage is determined solely by the Company Customer Service Department (repair) or a Company-authorized repair facility. See Company repair policy and procedures here. Freight costs to and from third-party repair facilities may apply.
Warranty is not extended by the installation of software, operating-system upgrades, or patches that are provided free of charge.
Software installation media that has been damaged, lost, or abused will not be replaced. Software licensee may make a backup copy of software as set forth in the end-user license agreement (EULA), which is found in respective software Product manuals.
Company does not warrant that any Company Product will meet Purchaser's requirements or operate uninterrupted or error-free. Company shall not be liable for special, incidental, consequential, indirect, or other similar damages even if Company has been advised of the possibility of such damages. Company is not responsible for any costs incurred arising from the following:
Site correction and warning thresholds associated with electric-field and lightning-detection instruments are the responsibility of Purchaser. Purchaser is responsible to reset time when a threshold is passed in order to clear an alarm, as these threshold levels may vary with sensitivity to the nature of the risk (e.g., handling explosives) and cost of disruption by an alarm (e.g., playing golf vs. fueling airplanes).
Company, without notice, may modify Products, including hardware, software, and firmware (operating systems). In no instance will Company be responsible for incurred costs or liabilities arising from Product modification updates performed by end user.
Company's obligation under this warranty is limited to, at Company's option, repairing or correcting defective Products, replacing defective Products, or refunding the purchase price paid for defective Products; this shall be the sole and exclusive remedy. Purchaser assumes all costs of removing, reinstalling, and shipping defective Products to Company. Company will return such Products by surface carrier prepaid within the continental United States of America. To all other locations, Company will return such Products the best way CIP (port of entry) per Incoterms® 2020.
Purchaser's sole and exclusive remedy is set forth in this warranty. Purchaser agrees to bear all warranty responsibility for derivative Products developed, sold, or distributed by Purchaser. Company’s aggregate liability arising from or relating to Products or this agreement, regardless of the form of action (e.g., contract, tort, computer malpractice, fraud, and/or otherwise) is limited to the purchase price paid by Purchaser.
COMPANY EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Company hereby disclaims, to the fullest extent allowed by applicable law, any and all warranties and conditions with respect to the Products, whether express, implied, or statutory, other than those expressly provided herein.
19 February 2020