THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, WHETHER EXPRESSED BY AFFIRMATION, PROMISE, DESCRIPTION, MODEL OR SAMPLE, AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Warranty for Materials and Workmanship. Seller warrants for a period of 12 (twelve) (as defined on the quote/sales order) months in accordance with restrictions detailed below from the effective date hereof its Equipment to be free from defects in material and workmanship, provided the Equipment is utilized in conformance with the C.E.D. (Customer Expectation Document) pertaining to its use and under conditions as permitted by the specifications of the Equipment. Buyer's remedy for breach of this limited warranty shall be limited to repair or replacement of any defective part according to the terms hereof. This limited warranty does not extend to repair or replacement made necessary by Buyer's misuse, abuse, negligence or willful acts either during installation or operation. In addition, this limited warranty does not extend to repair or replacement of parts and/or willful acts either during installation or operation. This limited warranty is void if Buyer installs or replaces other than Seller approved parts. In addition, this limited warranty does not extend to repair or replacement of parts and/or service made necessary due to ordinary wear and tear, general adjustments and maintenance. THERE SHALL BE NO REMEDY TO BUYER FOR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND BUYER HEREBY WAIVES ALL OTHER WARRANTIES OR OBLIGATIONS OF THE SELLER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD WHETHER OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. In no event shall Seller be liable for consequential, incidental, reliance, or special damages proximately caused by the goods sold, including, without limitation, loss of profits or business injury to any person, damage to any item other than such goods or the equipment sold hereunder, or any other means or goods or Equipment sold hereunder, or installation, adjustment or other expense that Buyer may incur. This limited warranty shall extend only to Buyer and may not be sold, assigned, conveyed or otherwise transferred in whole or in part by operation of law or otherwise, to any person, firm, corporation or entity without Seller's express prior written consent.
No Warranty of Consumables, Subject to Wear and Tear. Consumables and components subject to considerable wear and tear are excluded from this warranty as defined by C.E.D. (print head, ink cartridges, waste tank absorber, wiper roller, wiper assembly, cutter assembly, and cutter blade.) In addition to the foregoing, this limited warranty does not apply to (A) defects resulting from alterations subsequent to delivery; (B) defects resulting from use for other than the intended purpose; (C) defects resulting from fire, explosion, water, earthquake, windstorm, hail, tornado, or other weather condition or from accident, vandalism, or act of God; and (D) defects arising from neglect or abuse. Neglect includes, but is not limited to: (A) use of contaminated, inadequate or excessive amounts of lubricants; (B) improper storage or failure to protect from climatic elements or vandalism; (C) exposure to extreme temperatures; (D) accident, collision or other physical mishap or abuse, whether by purchaser or other party. (E) Electrical fluctuation caused from irregular power surges, brown outs or lightning; (F) use of ink not approved by Memjet/OEM.
Disclaimer of all Other Warranties. Seller's sales staff may have shown samples or made verbal statements about the equipment or components described in this Agreement. Such samples and statements do not constitute warranties, nor shall be relied upon by Buyer as part of this limited warranty. The entire limited warranty is embodied in this writing. This writing is both the final expression of the Seller and Buyer and a complete and exclusive statement of the Agreement between the parties regarding the warranty of the Equipment. The President or other corporate officer of Seller may not modify it except in writing and accepted/approved.
Obligations are Subject to the Following Conditions. Seller's obligations are subject to: (A) Buyer shall notify Seller promptly of any problem, which the Buyer feels, gives rise to a claim under this limited warranty. (B) Buyer shall allow Seller to inspect the component claimed to be defective. (C) Buyer shall have exercised reasonable care in the management, operation and safeguarding of the Equipment in order to enable Seller to adequately evaluate Buyer's claims under this limited warranty. (D) Buyer shall have paid all amounts due Seller prior to making a claim under this limited warranty.
Limited Warranty Responsibilities. If Seller, after inspecting the component claimed by Buyer to be defective, agrees the component contains a defect covered by this limited warranty, Seller will, at its option, either repair the component or replace the component with a functionally equivalent component. Regarding warranty/defective parts; the Buyer will prepay Seller for warranty/defective part and shipping costs to Seller in order for seller to determine if there is a factory defect warranting a warranty replacement. Within 10 Business Days of Buyer receiving replacement part, Buyer will send warranty/defective part to Seller for inspection. Upon Seller’s inspection, if part is deemed defective and covered under warranty, Seller will refund Buyer the full amount paid for the approved warranty part/claim. If, after the Buyer replaces the defective or failed component, the Buyer's problem has not been solved, Seller may determine that on-site service is required. In that event, the Buyer shall make suitable arrangements at the Buyer's premises for Seller or a designated representative to effectively repair/replace the defective component or, at Seller's request, shall arrange for the delivery of the defective component to SellerIn the event Seller is required to travel to Buyer's premises to service the Equipment, either within or without the limited warranty coverage, Buyer shall be responsible for any and all of Seller's expenses relating to the service performed, including, without limitation, lodging, meals, travel and related expenses.
Limitation of Damages. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY, OR FROM ANY SPECIFIC RELIEF. BUYER HEREBY WAIVES ITS RIGHTS TO CLAIM SUCH DAMAGES AND RELIEF IN COURT OR OTHERWISE.
Imidia Digital Technologies Limited Warranty
Seller has agreed to sell/lease to Buyer, and Buyer has agreed to purchase/lease from Seller certain equipment more particularly described in a Quote/Sales Order between Buyer and Seller dated __________ (the "Equipment"), the terms and conditions of which are hereby incorporated by reference into this Agreement and made a part hereof. Shipment of the Equipment is FOB Seller's dock, Tampa, Florida, Buyer responsible for freight and insurance.
Limitation of Liability and Warranty. EXCEPT AS PROVIDED IN THIS AGREEMENT, SELLER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE EQUIPMENT OR ITS CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY BUYER. SELLER SHALL NOT BE LIABLE FOR ANY (1) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, ARISING FROM OR RELATED IN ANY WAY TO THE OPERATION OR USE OF THE EQUIPMENT, INCLUDING SIUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO PERSON, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY SELLER TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL; OR (3) ALL EQUIPMENT SALES ARE FINAL. PARTS RETURN(S) IN THE CASE OF AN I.T.A. AUTHORIZED RETURN, THE ITEM WILL BE SUBJECT TO A 20% RESTOCK FEE AND SHIPPING CHARGES, AND IS AT THE SOLE DISCRETION OF SWF EAST TO REFUND ANY MONETARY CONSIDERATION. (4) CLAIMS MADE A SUBJECT OF ANY LEGAL PROCEEDING AGAINST SELLER MORE THAN ONE (1) YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, SELLER'S LIABILITIES UNDER THIS AGREEMENT SHALL NOT BE GREATER THAN THE AMOUNTS ACTUALLY RECEIVED BY SELLER AS NET SALE AMOUNT PURSUANT TO THIS AGREEMENT.
Repair or Replacement: Sole and Exclusive Remedy. Repair or replacement as provided is the Buyer's sole and exclusive remedy. The sole purpose of this stipulated exclusive remedy is to provide the Buyer with repair or replacement as provided of defective components in the manner provided in the limited warranty in this Agreement. This exclusive remedy shall not be deemed to have failed of its essential purpose as long as Seller is willing and able to repair or replace defective components with due diligence.
Notices. Any notices, requests, demands, or other communications hereunder, shall be in writing, and shall be deemed to have been duly given when personally delivered or when mailed by United States Registered or Certified Mail, Return Receipt Requested, postage pre-paid, to the names and addresses set forth at the first page of this Agreement.
Assignment. Buyer shall not transfer or assign any or all of its rights or interests hereunder, whether by operation of law or otherwise, without the prior written consent of an authorized representative (President or other corporate officer) of Seller.
Entire Agreement. This Agreement constitutes the entire agreement between Seller and Buyer and there are no representations, warranties, covenants or obligations, except as set forth in this Agreement. This Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, written or oral, of Seller and Buyer, relating to any transaction contemplated in this Agreement.
Amendments. This Agreement may be amended only in writing executed by an authorized representative (President or other corporate officer) of Seller.
Waiver. No failure of any party to exercise any right or remedy pursuant to this Agreement shall affect such right or remedy or constitute a waiver by such party of any right or remedy pursuant thereto. Resort to one form of remedy shall not constitute a waiver of alternative remedies.
Partial Invalidity. If any provision of this Agreement shall for any reason be held invalid or unenforceable by any Court, governmental agency or arbitrator, of competent jurisdiction, such invalidity or unenforceability shall not affect any other provision hereof, but this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.
Venue. In the event of any controversy or claim arising out of or relating to this Agreement or the breach thereof, and a suit, action or proceeding is instituted by reason thereof, then such suit, action or proceeding shall be brought in the City of Tampa, County of Hillsborough, State of Florida in a Court of competent jurisdiction, which Court shall have jurisdiction over such suit, action or proceeding.
Florida Law Governs. This Agreement, and all provisions thereof, shall be construed in accordance with the laws of the State of Florida.
Attorney's Fees. In the event Seller is the prevailing party in any suit, action or proceeding with the Buyer, then Seller is entitled to all costs of such suit, including Seller's attorney's fees therefore.