Seller warrants that upon delivery to the Buyer, the product sold thereunder shall be free of defects in materials and workmanship and that such product shall substantially conform to the specifications provided by Seller. This Warranty commences on the date of delivery to the Buyer unless another time for commencement as been agreed to in writing between Seller and Buyer prior to such delivery. Should the product be delivered through a third party (UPS, USPS, Federal Express, etc.), the warranty period shall commence on the date that such third party receives the product unless another time or commencement has been agreed to in writing between Seller and Buyer prior to such delivery. The duration of the Warranty shall be three (3) years from the date of delivery as set forth above.
This Warranty shall be effective only if Seller receives notice of such defects in materials and workmanship during the period of the Warranty stated above. After Seller receives such notice, Buyer shall obtain a Return Material Authorization (hereafter RMA) number. To obtain an RMA number, Buyer shall contact Systel, Inc. Customer Service Department, with the model number(s), serial number(s), and original purchase order number(s) of the product or products. Buyer shall include a brief description of the problem or failure mode experienced. Buyer shall mark the outside of the package containing the product or products, conspicuously, with the letters RMA and the number assigned by Systel, Inc. Any package returned without RMA and the RMA number clearly visible will be rejected at Seller's receiving dock. After Buyer has provided notice and obtained the appropriate RMA number, Buyer shall return the product, upon request, to Systel, Inc. 1655 Industrial Blvd, Sugar Land, Texas, 77478, not later than thirty (30) days after Seller's receipt of notice of the alleged problem or failure mode. Buyer shall prepay all transportation charges for return of the product(s) to Seller. Seller shall pay for the cost of sending the product (s) back to Buyer. Transportation charges to Buyer shall be deemed Best Way and any other transportation charges shall be at the Buyer's cost. All costs of customs clearance, shipping, and any other related charges for transportation outside of the contiguous 48 United States shall be at the Buyer's expense. After Buyer's compliance, Seller shall, at Seller's option, repair or replace the product(s).
Excluded from this Warranty are all problems or failures resulting from:
- Improper or inadequate maintenance of the product by the Buyer.
- Unauthorized modification of the product by any means.
- Operation of the product outside its environmental specifications.
- Neglect, misuse, or abuse of the product.
- Modification or integration with other components not covered by a Seller warranty when such integration increases the likelihood of problems, failures, or damage.
- FURTHER, THIS WARRANTY IS BETWEEN SELLER AND BUYER ONLY, AND DOES NOT EXTEND TO BUYER'S CUSTOMERS OR USERS OF BUYER'S PRODUCTS. IN ADDITION, AND IN THE EVENT THAT BUYER INTEGRATES SELLER'S PRODUCT WITH COMPONENTS MANUFACTURED OR SUPPLIED BY ANY OTHER COMPANY, THIS WARRANTY SHALL ONLY RELATE TO DEFECTS IN MATERIALS AND WORKMANSHIP OF SELLER'S PRODUCT AND NOT TO PROBLEMS WITH OR FAILURES OF SELLER'S PRODUCT CAUSED BY OTHER COMPONENTS INTEGRATED WITH ISO
Seller's rendering of technical advice and/or assistance or Seller's performance of service work in connection with Buyer's order of the product(s) shall not change or enhance this warranty in any way. Buyer's reliance on Seller's skill or judgment to select or furnish suitable goods shall be at Buyer's risk. Seller shall not be liable for any direct, indirect, special incidental, or consequential damages including, but not limited to, loss of profits and/or destruction of other property caused by any application of the product(s) and/or its integration with other components. Seller's liability shall be limited to the amount paid by the Buyer for the product(s).
Notwithstanding the foregoing to the contrary, in the case of any third-party equipment or other goods not explicitly designed and/or manufactured by Seller, shall not be warranted by Seller under the terms of this Warranty. In such case, Buyer agrees to seek recourse solely from the manufacturer of said third-party equipment or other goods and not Seller; provided however Seller may warrant same on a case by case basis, but only to the extent set forth by Seller in a separate written instrument.
SELLER SPECIFICALLY EXCLUDES ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.