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Appendix D. Warranty Information
WINSYSTEMS warrants that for a period of two (2) years from the date of shipment, any Products and Software
purchased or licensed hereunder which have been developed or manufactured by WINSYSTEMS shall be free of
any defects and shall perform substantially in accordance with WINSYSTEMS' specifications therefor. With respect
to any Products or Software purchased or licensed hereunder which have been developed or manufactured by
others, WINSYSTEMS shall transfer and assign to Customer any warranty of such manufacturer or developer held
by WINSYSTEMS, provided that the warranty, if any, may be assigned. The sole obligation of WINSYSTEMS for any
breach of warranty contained herein shall be, at its option, either (i) to repair or replace at its expense any
materially defective Products or Software, or (ii) to take back such Products and Software and refund the Customer
the purchase price and any license fees paid for the same. Customer shall pay all freight, duty, broker's fees,
insurance, charges and other fees and charges for the return of any Products or Software to WINSYSTEMS under
this warranty. WINSYSTEMS shall pay freight and insurance charges for any repaired or replaced Products or
Software thereafter delivered to Customer within the United States. All fees and costs for shipment outside of the
United States shall be paid by Customer. The foregoing warranty shall not apply to any Products or Software which
have been subject to abuse, misuse, vandalism, accident, alteration, neglect, unauthorized repair or improper
installation.
THERE ARE NO WARRANTIES BY WINSYSTEMS EXCEPT AS STATED HEREIN. THERE ARE NO OTHER WARRANTIES
EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WINSYSTEMS BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES FOR LOSS OF DATA, PROFITS OR GOODWILL. WINSYSTEMS' MAXIMUM LIABILITY
FOR ANY BREACH OF THIS AGREEMENT OR OTHER CLAIM RELATED TO ANY PRODUCTS, SOFTWARE, OR THE
SUBJECT MATTER HEREOF, SHALL NOT EXCEED THE PURCHASE PRICE OR LICENSE FEE PAID BY CUSTOMER TO
WINSYSTEMS FOR THE PRODUCTS OR SOFTWARE OR PORTION THEREOF TO WHICH SUCH BREACH OR CLAIM
PERTAINS.
Title to the Products shall remain vested in WINSYSTEMS until complete payment is made by Customer. Title to any
Software shall remain vested in WINSYSTEMS, or WINSYSTEMS' licensor from whom WINSYSTEMS has obtained
marketing rights, both before, during and after the term of the License. Nonpayment when due of the purchase
price for any Products or the License fees for any Software, or, if applicable, taxes and/or the cost of any freight
and insurance for any Products and/or Software, shall entitle WINSYSTEMS to take possession of the Products and/
or Software without notice to Customer or prejudice to WINSYSTEMS' rights under contract or any other legal
remedy.
Until title to the Products pass in accordance with the provision set out above, except with the prior written
approval of WINSYSTEMS, no Products shall be modified, altered, moved or in any way assigned, sublet,
mortgaged or charged nor may Customer part with possession of all or part of the same.
There are no understandings, agreements or representations, express or implied, other than those set forth
herein. This Order embodies the entire agreement between the parties and may be waived, amended or
supplemented only by a written instrument executed jointly by WINSYSTEMS and Customer as evidenced only by
the signature of duly authorized officers of each party. The foregoing terms and conditions of any order which may
be issued by Customer for the purchase of Products or licensing of Software hereunder.
In the event this Order is placed in the hands of an attorney or collection agency by WINSYSTEMS to collect any
sums due hereunder to WINSYSTEMS, Customer shall pay all reasonable attorney's fees, expenses, collection and
court costs incurred by WINSYSTEMS.
THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED UNDER THE TEXAS UNIFORM COMMERCIAL CODE AND
THE APPLICABLE LAWS OF THE STATE OF TEXAS. THE PARTIES ACKNOWLEDGE THAT ANY ACTION BROUGHT
HEREUNDER SHALL ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN TARRANT COUNTY, TEXAS.
Warranty Service
1.
To obtain service under this warranty, obtain a return authorization number. In the United States, contact the
WINSYSTEMS Service Center for a return authorization number. Outside the United States, contact your local
sales agent for a return authorization number.
2.
You must send the product postage prepaid and insured. You must enclose the products in an anti-static bag
to protect from damage by static electricity. WINSYSTEMS is not responsible for damage to the product due to
static electricity.
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www.winsystems.com
EBC-C413/Warranty Information
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