Chapter 12Warranty & Service
Warranty(INCLUDING, WITHOUT LIMITATION ANY OB-
LIGATIONS OF THE SELLER WITH RESPECT
Following are the terms and limitations of the Syme-TO CON SE QUEN TIAL DAMAGES) INCLUDING
trix warranty.THE WAR RAN TIES OF MER CHANT ABIL I TY
AND FITNESS FOR USE AND OF ALL OTHER
Symetrix, Inc. expressly warrants to the original OBLIGATIONS OR LI A BIL I TIES ON OUR PART,
purchaser (Buyer), subject to the terms and condi-AND WE NEITHER ASSUME, NOR AUTHO-
tions set forth below, that the Product will be free RIZE ANY OTHER PERSON TO ASSUME FOR
from defects in material and workmanship as a result
US, ANY OTHER LIABILITY IN CONNECTION
of normal commercial use for eighteen (18) months WITH THE SALE OF THE PRODUCT. THIS
from the date the product is shipped from the fac-WARRANTY SHALL NOT APPLY TO THIS
tory.PRODUCT OR ANY PART THERE OF WHICH
Symetrixs warranty obligation is limited to the HAS BEEN SUBJECT TO AC CI DENT, NEGLI-
repair, replacement, or refund at Symetrixs sole GENCE, ALTERATION, ABUSE, OR MISUSE.
discretion, of the part or parts of the Product which WE MAKE NO WAR RAN TY WHATSOEVER IN
may thus prove defective in materials or work-RESPECT TO ACCESSORIES OR PARTS NOT
man ship within eighteen (18) months from the date SUPPLIED BY US. THE TERM ORIGINAL
the product is shipped from the factory under normal PURCHASER, AS USED IN THIS WAR RAN TY
use and which our examination discloses to our SHALL BE DEEMED TO MEAN THAT PERSON
satisfaction to be thus defective, provided that Buyer OR COMPANY THAT ORIG I NAL LY PUR-
gives Symetrix prompt notice of its warranty claim CHASED THE PROD UCT.
and satisfactory proof thereof.
This Symetrix product has been designed and
Symetrix will make every reasonable effort to ensure manufactured for use in professional/industrial
that parts are available to support the repair of our systems and is not intended for other usage. This
products under warranty. In the event that a product warranty only applies to Buyers using the Prod-
or component part thereof becomes obsolete, uct pro fes sion al/industrial systems. With respect
un avail able or irreparable, Symetrix reserves the to others, including but not limited to consumers
right to refund a prorated portion of the purchase for personal, family, or household use, Symetrix
price in full sat is fac tion of all warranty claims. A expressly disclaims all warranties, including but not
refund of the purchase price is prorated as follows: limited to warranties of merchantability and tness
100% through year one, 80% through year two, 60% for a particular purpose and the express warranties as
through year three, 40% through year four and 20% oth er wise provided herein.
through year ve.
Symetrix reserves the right to modify the design or
In order to serve you better we request that the make additions to, or improvements to, its product
Buyer shall, prior to shipping Product to Symetrix lines without making similar upgrades to Product
for warranty service, contact Symetrix and secure a purchased by Buyer. Symetrix does not autho-
Return Authorization Number that shall be included rize any third party, including any dealer or sales
with the returned Product. This will facilitate our representative, to assume any liability, effect any
efforts to keep track of your Product and process repairs or mod i ? ca tions to the Product, or make
your warranty repair as quickly as possible. Buyer any additional warranties or rep re sen ta tion regard-
will prepay all freight charges to ship the Product to ing the Product or Product information on behalf of
Symetrix for warranty in spec tion and service. This Symetrix.
warranty is subject to Symetrixs inspection of the
Symetrixs total liability on any claim, whether in
Product at its facilities and, upon Symetrixs request, contract, tort (including negligence) or otherwise
satisfactory proof of purchase (dated copy of origi-arising out of, connected with, or resulting from the
nal retail dealer?s invoice.)
manufacture, sale, delivery, resale, repair, re place -
Symetrix reserves the right to effect repairs to the ment or use of Product will not exceed the purchase
product with reconditioned components/parts. Prod-price of the Product or any part thereof which gives
ucts once repaired under warranty will be shipped to rise to the claim. In no event will Symetrix be liable
Buyer freight prepaid by Symetrix via United Parcel for any incidental or con se quen tial damages includ-
Service (surface) or any similar shipper, to any ing but not limited to damage for lost revenue, cost
location designated by buyer within the Continen-of capital, claims of customers for service inter-
tal United States. At Buyer?s request and expense ruptions or failure to supply, and costs and ex-
Product will be returned via airfreight. Outside the penses incurred in connection with labor, overhead,
con ti nen tal United States, repaired or replaced prod-transportation, installation or removal of products
ucts will be returned freight collect.or substitute facilities or supply houses as a result of
Product failure.
THIS WARRANTY IS EXPRESSLY IN LIEU
OF ALL OTHER WARRANTIES EXPRESS OR This limited warranty gives Buyer certain rights.
528E
IMPLIED, ARISING BY LAW OR OTHERWISE Buyer may have additional rights under ap pli ca ble
law.
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