ToughDisk 3500 Rugged Hard Disk
Seller warrants for 1 year from date of shipment that: (a) each unit
of Product will substantially comply with and perform in accordance
with its specifications, as set forth in the then current published
data sheet; (b) each unit of Product will be free from defects in
materials and workmanship, except Seller makes no warranty concerning
hardware, components or other items supplied by or on behalf of Buyer
and used with the Product; (c) the warranties set forth shall not
apply to any defect, failure, or damage caused by improper use,
unauthorized modification or repair or improper or inadequate
maintenance and care.
If during the Warranty Period for a particular unit of Product, Buyer
claims that a Product does not comply with the foregoing warranties,
Buyer shall, at its expense, return the allegedly defective Product(s)
to Seller (under the then current RMA procedure), together with a
notice that specifically states the alleged non-compliance. Upon
confirmation by Seller that the Product(s) do not comply with the
foregoing warranties and that the Warranty Period for the Product(s)
did not expire prior to Buyer making the warranty claim, Seller shall
at its option and expense and, as Buyer’s sole and exclusive remedy,
repair or replace the defective Product(s) and ship the repaired or
replaced Product(s) to Buyer at Seller’s expense, or credit Buyer’s
account for such Product(s). If Seller determines that the Product(s)
comply with the foregoing warranties or determines that the Warranty
Period for the Product(s) expired prior to Buyer making the warranty
claim, Seller will notify Buyer of such fact and have no obligation to
provide warranty service and will instead comply with Buyer’s
direction regarding the disposition of such Product at the Buyer’s
expense.
The cost of out-of-warranty repairs are subject to the then-current
charges. Buyer must authorize such charges prior to Seller performing
any such repairs. All charges shall be authorized by Buyer issuing a
purchase order or by making payment in advance.
EXCEPT FOR THE WARRANTIES SET HEREIN, SELLER MAKES NO, AND HEREBY
DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
