DIGITIZE DDI-10E Installation And Operation Manual page 48

WARRANTY
IMPORTANT NOTICE: DIGITIZE, INC. products should be tested every month (under no
circumstances less than every three months) to ensure complete and proper operation and proper
input and output connections.
STATEMENT OF LIMITED WARRANTY
Digitize, Inc. ("Digitize") warrants to its distributors, systems houses, end users, and OEMs
("Buyer"), that products manufactured by Digitize are free from defects in materials and
workmanship. Digitizes obligations under this warranty are limited to repairing or replacing, at
Digitizes option, the part or parts of the products which prove defective in material or workmanship
for 12 months within 15 months after shipment by Digitize. Buyer must pass along to its initial
customer or user ("Customer") a minimum of 12 months' coverage within the 15-month warranty
period, provided the Buyer gives Digitize prompt notice of any defect and satisfactory proof
thereof. Products may be returned by Buyer only after a Return Material Authorization number
("RMA") has been obtained from Digitize by telephone or in writing. Buyer will prepay all freight
charges to return any products to the repair facility designated by Digitize and include the RMA
number on the shipping container. Digitize will, at its option, either repair the defective products or
parts or deliver replacements for defective products or parts on an exchange basis to Buyer, freight
prepaid to the Buyer. Products returned to Digitize under this warranty will become the property of
Digitize. With respect to any products or part thereof not manufactured by Digitize, only the
warranty, if any, given by the manufacturer thereof, applies.
EXCLUSIONS
This limited warranty does not cover losses or damage which occurs in shipment to or from
Buyer, or are due to, (1) improper installation or maintenance, misuse, neglect, or any cause other
than ordinary commercial or industrial application, or (2) adjustment, repair, or modifications by
other than Digitize-authorized personnel, or (3) improper environment, excessive or inadequate
heating or air conditioning and electrical power failures, surges, or other irregularities, or (4) any
statements made about Digitizes products by salesmen, dealers, distributors or agents, unless
confirmed in writing by a Digitize officer. If the firmware or hardware is altered or modified by
the Buyer, this firmware and hardware is not covered within this limited warranty and the Buyer
bears sole responsibility and liability for that firmware and hardware.
THE FOREGOING DIGITIZE LIMITED WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED, OR STATUTORY.
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE DO NOT APPLY. DIGITIZE'S WARRANTY OBLIGATIONS AND
DISTRIBUTOR'S REMEDIES HEREUNDER ARE SOLELY AND EXCLUSIVELY AS
STATED HEREIN. DIGITIZE'S LIABILITY, WHETHER BASED ON CONTRACT, TORT,
WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE
PRICE OF THE INDIVIDUAL UNIT WHOSE DEFECT OR DAMAGE IS THE BASIS OF THE
CLAIM. IN NO EVENT SHALL DIGITIZE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS
OF USE OF FACILITIES OR EQUIPMENT, OR OTHER INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
WARRANTY REV.D