EMS 1304 Installation And Operation Manual page 3

1. Limited Warranty
a) Warranty.
i) Except as otherwise provided herein, Seller warrants to Buyer that the Products sold to Buyer are, at
the time of shipment to Buyer from Seller, free from defects in material and workmanship.
ii) This warranty shall be valid for a period of twelve (12) months from the date of shipment to Buyer,
unless a different period is specified herein, or in Seller's applicable price list in which case the
specified period shall apply. Notwithstanding anything to the contrary contained herein, the warranty
period for spare parts, data processing equipment, including data storage devices, processors,
printers, terminals, communication interfaces, tape drives and all similar devices, and is in all cases
limited to ninety (90) days from the date of shipment to Buyer.
iii) Except in the case of an authorized distributor of Seller, authorized in writing by Seller to extend this
warranty to the distributor's customers, the warranty herein applies only to Buyer as the original
purchaser from Seller and may not be assigned, sold or otherwise transferred to any third party.
iv) As Buyer's sole and exclusive remedy under this warranty, Seller agrees either to repair or replace, at
Seller's sole option, any part or parts of such Products which, under proper and normal conditions of
use, prove(s) to be defective within the applicable warranty period. Alternately, Seller may at any
time, in its sole discretion, elect to discharge its warranty obligation hereunder by accepting the return
of any defective Product pursuant to the terms set forth herein and refunding the purchase price paid
by Buyer.
b) Exclusions and Limitations.
i) It is recognized that some parts by their nature may not function for the warranty period applicable to
the Product. Therefore, excluded from the warranty herein are ceramic material cells and/or holders,
and other similar parts referenced in the applicable operating manual.
ii) The warranty herein excludes any equipment or accessories which are identified on applicable price
lists, quotations, special promotional materials, or on the face hereof, for which this limited warranty
may be further limited. Included within this category are items produced by third party manufacturers
(as to which Seller passes to Buyer the warranty it has been provided by the manufacturer) and items
which are sold at specially reduced prices with reduced warranty protection (in some cases, extended
warranty protection may be available at an increased price).
iii) This warranty does not cover loss, damage, or defects resulting from: transportation to the Buyer's
facility, improper or inadequate maintenance by Buyer, Buyer-supplied software or interfacing,
unauthorized modification or misuse, operation outside of the environmental specifications for the
Product or improper site preparation or maintenance.
iv) No warranty is made with respect to used, reconstructed, refurbished or previously owned Products,
which will be so marked on the face hereof and, unless otherwise indicated on the face hereof, shall
be sold "As Is".
v) The warranty herein applies only to Products within the country of original delivery. Products
transferred outside the country of original delivery, either by Seller at the direction of Buyer or by
Buyer's actions subsequent to delivery, may be subject to additional charges prior to warranty repair
or replacement of such Products based on the actual location of such Products and Seller's warranty
and/or service surcharges for such location(s).
c) Place of Service. Except when otherwise provided in Seller's current applicable price list, Seller shall
perform all warranty services hereunder at the Seller's facility, as soon as reasonably practicable after
notification by the Buyer of a possible defect. Seller requires that the Buyer request from the Seller a
Return Authorization Number prior to returning the Product to Seller's production facility, transportation
charges prepaid, when necessary to provide proper warranty service.
d) In the case of onsite warranty. The Seller reserves the right to charge for travel time and all travel
expenses to and from the Seller's site and Buyers facility. The actual onsite labor time to install, test
replace, adjust etc., to complete the warranty work onsite shall NOT be charged to the Buyer.
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