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Conditions of Use and
Limited Warranty Terms
These conditions and terms are deemed to be accepted by the customer
at the time the product is purchased, leased, lent or used, whether or
not acknowledged in writing.
Conditions of Use
The customer is only authorized to use the product for its own activities,
whether professional or private. Thus, the customer is, in particular,
forbidden to resell, lease or lend the product to any third party. In
addition, the customer has, in particular, no right to disassembly,
modify, copy, reverse engineer, create derivative works from or
otherwise reduce or alter the product. The product may also not be used
in any improper way.
Limited Warranty Coverage
Ellisys warrants to the original customer of its products that its products
are free from defects in material and workmanship for the warranty
period. Subject to the conditions and limitations set forth below, Ellisys
will, at its option, either repair or replace any part of its products that
prove defective by reason of improper workmanship or materials.
Repaired parts or replacement products will be provided by Ellisys on an
exchange basis, and will be either new or refurbished to be functionally
equivalent to new. If Ellisys is unable to repair or replace the product, it
will refund the current value of the product at the time the warranty
claim is made. In no event shall Ellisys' liability exceed the original
purchase price of product.
Excluded Products and Problems
This limited warranty does not cover any damage to this product that
results from improper installation, accident, abuse, misuse, natural
disaster, insufficient or excessive electrical supply, abnormal mechanical
or environmental conditions, or any unauthorized disassembly, repair, or
modification. This limited warranty also does not apply to any product on
which the original identification information has been altered, obliterated
or removed, has not been handled or packaged correctly, or has been
sold as second-hand. This limited warranty only applies to the original
customer of the product for so long as the original customer owns the
product. This limited warranty is non-transferable.
This limited warranty covers only repair, replacement or refund for
defective Ellisys products, as provided above. Ellisys is not liable for, and
does not cover under warranty, any loss of data or any costs associated
with determining the source of system problems or removing, servicing
or installing Ellisys products
Obtaining Warranty Service
To obtain warranty service, you may return a defective product to the
authorized Ellisys dealer or distributor from which you purchased the
Ellisys product. Please confirm the terms of your dealer's or distributor's
return policies prior to returning the product. Typically, you must include
product identification information, including model number and serial
number with a detailed description of the problem you are experiencing.
You must also include proof of the date of original retail purchase as
evidence that the product is within the applicable warranty period.
The returned product will become the property of Ellisys. Repaired or
replacement product will be shipped at Ellisys' expense. Repaired or
replacement product will continue to be covered by this limited warranty
for the remainder of the original warranty or 90 days, whichever is
longer.
Limitations
THE FOREGOING IS THE COMPLETE WARRANTY FOR ELLISYS PRODUCTS
AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS,
WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH
ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO ELLISYS
PRODUCTS AND ELLISYS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT
STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, ANY WARRANTY THAT MAY EXIST UNDER NATIONAL,
STATE, PROVINCIAL OR LOCAL LAW INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, ARE LIMITED TO THE PERIODS OF TIME SET
FORTH ABOVE. SOME STATES OR OTHER JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
ELLISYS PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL
COMPONENTS IN LIFE SUPPORT EQUIPMENT OR FOR APPLICATIONS IN
WHICH THE FAILURE OR MALFUNCTION OF THE PRODUCTS WOULD
CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH IS
LIKELY TO OCCUR. ELLISYS SHALL NOT BE LIABLE FOR THE DEATH OF
ANY PERSON OR ANY LOSS, INJURY OR DAMAGE TO PERSONS OR
PROPERTY BY USE OF PRODUCTS USED IN APPLICATIONS INCLUDING,
BUT NOT LIMITED TO, MILITARY OR MILITARY-RELATED EQUIPMENT,
TRAFFIC CONTROL EQUIPMENT, DISASTER PREVENTION SYSTEMS AND
MEDICAL OR MEDICAL-RELATED EQUIPMENT.
ELLISYS' TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY,
EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR
REFUND. REPAIR, REPLACEMENT OR REFUND ARE THE SOLE AND
EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY OR ANY OTHER
LEGAL THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ELLISYS SHALL NOT BE LIABLE TO THE CUSTOMER OF AN ELLISYS
PRODUCT FOR ANY DAMAGES, EXPENSES, LOST DATA, LOST REVENUES,
LOST SAVINGS, LOST PROFITS, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE OR
INABILITY TO USE THE ELLISYS PRODUCT, EVEN IF ELLISYS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR
OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Severability
If any provision or any portion of any provision contained in these terms
is held to be invalid, illegal or unenforceable by a court of competent
jurisdiction, then the remaining provisions, and if a portion of any
provision is unenforceable, then the remaining portion of such provision
shall, nevertheless, remain in full force and effect. The parties undertake
to negotiate in good faith with a view to replace such invalid, illegal or
unenforceable provision or part thereof with another provision not so
invalid, illegal or unenforceable with the same or similar effect, and
further agree to be bound by the mutually agreed substitute provision.
Warranty Period
The warranty begins on the date of purchase and covers a period of two
(2) years.
Governing Law
These conditions and terms shall be governed by and construed in
accordance with the law of Switzerland.
Jurisdiction; Venue
The parties consent to the exclusive personal jurisdiction of, and venue
in, the District Court of Geneva, Switzerland.
