Chapter 10 - Warranty Information - Elo TouchSystems ET3201L User Manual

Chapter 10 –
Warranty Information
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,
Computer Module, and their components is 3 (three) years.
Seller makes no warranty regarding the model life of components. Sellers 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 days after discovery) of the failure of
any Product to conform to the warranty set forth above; shall describe in commercially 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 received by Seller during the Warranty Period for such
product, unless otherwise directed in writing by the Seller. Within thirty 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 Buyers 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 Sellers 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 insurance to Buyer shall be at Sellers 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 Sellers option, take place either at Sellers facilities or at Buyers premises. If Seller is unable to
modify, repair, or replace a Product to conform to the warranty set forth above, then Seller shall, at Sellers
option, either refund to Buyer or credit to Buyers account the purchase price of the Product less depreciation
calculated on a straight-line basis over Sellers stated Warranty Period.
These remedies shall be the Buyers exclusive remedies for breach of warranty. Except for the express warranty
set forth above, seller grants no other warranties, express or implied by statute or otherwise, regarding the
products, their fitness for any purpose, their quality, their merchantability, their non-infringement, or otherwise.
No employee of Seller or any other party is authorized to make any warranty for the goods other than the
warranty set forth herein. Sellers liability under the warranty shall be limited to a refund of the purchase price of
the product. In no event shall Seller be liable for the cost of procurement or installation of substitute goods by
Buyer or for any special, consequential, indirect, or incidental damages.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all liability relating
to (i) assessing the suitability for Buyers intended use of the Products and of any system design or drawing and
(ii) determining the compliance of Buyers use of the Products with applicable laws, regulations, codes, and
standards. Buyer retains and accepts full responsibility for all warranty and other claims relating to or arising
from Buyers products, which include or incorporate Products or components manufactured or supplied by Seller.
Buyer is solely responsible for any and all representations and warranties regarding the Products made or
authorized by Buyer. Buyer will indemnify Seller and hold Seller harmless from any liability, claims, loss, cost, or
expenses (including reasonable attorneys fees) attributable to Buyers products or representations or warranties
concerning same.
User Manual– Interactive Digital Signage
SW601990 Rev A, Page 31 of 32