Limited Warranty - Hatco OVENTION C1400 Installation And Operating Manual

LIMITED WARRANTY

WARRANTY, EXCLUSIVE REMEDY:
Ovention, Inc. (Seller) warrants that the products it
manufactures (Products) will be free from defects in materials
and workmanship under normal use and service and when
stored, maintained, and installed in strict accordance with
factory recommendations. Seller's sole obligation to the person
or entity buying the Products directly from Seller (Customer)
under this warranty is the repair or replacement by Seller or
a Seller-authorized service agency, at Seller's option, of any
Product or any part thereof deemed defective upon Seller's
examination, for a period of: (i) the Warranty Duration from the
date of purchase by Seller or (ii) the Warranty Duration from
the date of Product registration in accordance with Seller's
written instructions, whichever is later. The "Warranty Duration"
shall mean a period of one (1) year or the periods set forth
below for specific Product components. Credit for Products
or parts returned with the prior written permission of Seller
will be subject to the terms shown on Seller's material return
authorization form. PRODUCTS OR PARTS RETURNED
WITHOUT PRIOR WRITTEN PERMISSION OF SELLER
WILL NOT BE ACCEPTED FOR CREDIT. Expenses incurred
by Customer in returning, replacing or removing the Products
will not be reimbursed by Seller. If the defect comes under the
terms of the limited warranty, the Products will be repaired
or replaced and returned to the Customer and the cost of
return freight will be paid by Seller. The remedy of repair or
replacement provided for herein is Customer's exclusive
remedy. Any improper use, alteration, repairs, tampering,
misapplication, improper installation, application of improper
voltage or any other action or inaction by Customer or others
(including the use of any unauthorized service agency) that in
Seller's sole judgment adversely affects the Product shall void
this warranty. The warranty expressly provided herein may
only be asserted by Customer and may not be asserted by
Customer's customers or other users of the Products; provided,
however, that if Customer is an authorized equipment dealer of
Seller, Customer may assign the warranty herein to Customer's
customers, subject to all of the limitations of these Terms, and in
such case, the warranty shall be exclusively controlled by Seller
in accordance with these Terms. THIS LIMITED WARRANTY
IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY,
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTY OF NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED.
Ninety (90) Day Parts-Only Warranty:
Replacement Parts
Notwithstanding anything herein to the contrary, the limited
warranty herein will not cover components in Seller's sole
discretion such as, but not limited to, the following: damage
to touchscreens and conveyor belts from abuse or impact;
wear items such as air filters; damage to catalyst from use of
non-approved cleaning products; product misuse, tampering,
or misapplication; improper installation; lack of or improper
cleaning; or application of improper voltage.
LIMITATION OF LIABILITY:
SELLER WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY,
OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION
ANY LOST PROFITS, COSTS OF SUBSTITUTE PRODUCTS,
OR LABOR COSTS, ARISING FROM THE SALE, USE,
OR INSTALLATION OF THE PRODUCTS, FROM THE
PRODUCTS BEING INCORPORATED INTO OR BECOMING
A COMPONENT OF ANOTHER PRODUCT, OR FROM ANY
OTHER CAUSE WHATSOEVER, WHETHER BASED ON
WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE
BASED ON CONTRACT, TORT, OR ANY OTHER THEORY
OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR
REPRESENTATIONS THAT MAY HAVE BEEN RENDERED
BY SELLER CONCERNING THE SALE, USE, OR
INSTALLATION OF THE PRODUCTS, EVEN IF SELLER IS
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL SELLER'S AGGREGATE LIABILITY ARISING
OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE
TOTAL AMOUNTS PAID TO SELLER BY CUSTOMER FOR
THE PRODUCTS WITHIN THE THREE (3) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO
CUSTOMER'S CLAIM.
HEREIN REGARDING SELLER'S LIABILITY SHALL BE VALID
AND ENFORCEABLE NOTWITHSTANDING A FAILURE
OF ESSENTIAL PURPOSE OF THE LIMITED REMEDY
SPECIFIED IN THESE TERMS.
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THE LIMITATIONS SET FORTH
OVCM-1123