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Warranty and Special Provisions Limited Warranty
DYNEX Technologies products are fully guaranteed for one year against defects in
parts, materials, and workmanship. Defective parts and materials will be replaced
or, at the discretion of DYNEX Technologies, repaired at no charge for a period of
one year and labor required for such replacement or repair will be provided at no
charge for a period of one year, provided that the products are utilized and
maintained in accordance with the instructions in the applicable operating and
servicing manual, and provided further that the products have not, as determined
solely by DYNEX Technologies, been subject to misuse or abuse by the Customer
or other parties unrelated to DYNEX Technologies. DYNEX Technologies makes
no warranty, expressed or implied, as to the fitness of any product for any particular
purposes other than those purposes described in the applicable operating and
servicing manual, nor does DYNEX Technologies make any other warranty,
whether expressed or implied, including merchantability, other than those appearing
on the face hereof. Where DYNEX Technologies guarantees any product, whether
under this Warranty or as a matter of law, and there is a breach of such guarantee,
the Customer’s only and exclusive remedy shall be the replacement or repair of
defective parts and materials, as described above. This shall be the limit of DYNEX
Technologies’ liability. Furthermore, DYNEX Technologies shall not be liable for
incidental or consequential damages. Failure of the Customer to notify DYNEX
Technologies of a claimed defect by registered mail within thirty days of the
discovery thereof shall constitute a waiver of any claim for breach of warranty.
When a product is required by DYNEX Technologies to be installed by a DYNEX
Technologies engineer or technician, the period of this Warranty shall begin on the
date of such installation, provided however, that any use of the product prior to such
installation shall, at sole election of DYNEX Technologies, void this Warranty.
When installation by DYNEX Technologies personnel is not required, the period of
this Warranty shall begin on the date of shipment from DYNEX Technologies. The
period of this Warranty shall begin as described above whether or not the product
has been installed pursuant to a purchase order, and any trial period shall be
deducted from the Warranty period that would otherwise apply under a subsequent
placed purchase order for that product.
Limitation of Liability. Notwithstanding anything to the contrary contained herein,
the liability of Seller (whether by reason of breach of warranty, breach of contract,
tort, or otherwise), including without limitation under any indemnification provision
contained herein, shall be limited to replacement of goods returned to DYNEX
Technologies which are shown to DYNEX Technologies’ reasonable satisfaction to
have been nonconforming or to refund the purchase price, or, if not paid, to a credit
amount of the purchase price therefore.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND
ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF
MECHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE TO THE OTHER
FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES.