Warranty
QUINTUM TECHNOLOGIES, INC.
LIMITED WARRANTY AGREEMENT
Quintum Limited Warranty
QUINTUM WARRANTY: Quintum warrants that under normal use and conditions (i) the Quintum hardware products covered by this warranty,
for a period of one year, and (ii) all software media, also for a period of one year, will be free from significant defects in materials and workmanship
from the date of purchase from Quintum or Quintum’s authorized reseller or distributor (the “Warranty Period”).
SERVICES:
In the event that you believe that you have discovered any such defect during one of the Warranty Periods listed above, you must call the Technical
Assistance Center (TAC) at 877-435-7553 within the United States or 732-460-9399 Internationally, 9:00 AM to 5:30 PM, Eastern Standard Time,
for initial problem diagnosis. Quintum Technologies will perform warranty service at Quintum Technologies designated facility, provided the cus-
tomer returns the Quintum Technologies Product in accordance with Quintum Technologies' shipping instructions. Quintum Technologies' sole
responsibility under this warranty shall be, at Quintum Technologies' option, to either repair or replace the Quintum Technologies Product within 10
days. All defective Quintum Technologies Products, or defective components thereof, returned under this warranty shall become Quintum Technol-
ogies' property. If Quintum Technologies determines that the original Quintum Technologies Product did not contain a Material Defect, Purchaser
shall pay Quintum Technologies all costs of handling, transportation, and repairs at Quintum Technologies' prevailing rates, including all costs of
providing an interim Quintum Technologies Product.
The customer will also be given shipping instructions and a Return Material Authorization (RMA) number. This number is to be prominently dis-
played on the shipping container and referenced on all correspondence pertaining to the returned product. Customers are responsible for shipping
and insurance charges to return the defective product. Quintum shall pay for shipping and insurance charges for the part being sent to the customer.
Please return any hardware together with the accompanying software media to Quintum following the RMA Procedure set out below (you may also
be asked to provide written documentation of your purchase).
CUSTOMER REMEDIES: Quintum and its suppliers’ entire liability and your exclusive remedy shall be, at Quintum’s option (i) repair or replace-
ment of the software media or hardware that does not meet Quintum’s Limited Warranty with new or like-new software media or hardware or (ii)
return of the price paid for software media or hardware that does not meet Quintum’s Limited Warranty. Quintum shall have no responsibility, war-
ranty or other obligations whatsoever as a result of (i) the use of the hardware and/or software in a manner inconsistent with the accompanying
manuals, license and limited warranty terms or this Agreement, or (ii) any modifications made to the hardware or software, or (iii) failure of the
hardware or software as a result of accident, abnormal physical or electrical stress, including abuse, negligence
,
or misuse or (iv) any act of God
such as, but not limited to, floods, earthquakes, lighting or (iv) acts of terrorism or war, declared or not.
NO OTHER WARRANTIES: THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES.
QUINTUM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND QUINTUM EXPRESSLY DISCLAIMS ALL OTHER WAR-
RANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICU-
LAR PURPOSE. MOREOVER, THE PROVISIONS SET FORTH ABOVE STATE QUINTUM’S ENTIRE RESPONSIBILITY AND YOUR
SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY.
LIMITATION ON LIABILITY: NO LIABILITY FOR CONSEQUENTIAL DAMAGES: UNDER NO CIRCUMSTANCES AND UNDER NO
THEORY OF LIABILITY SHALL QUINTUM OR QUINTUM’S SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTI-
TUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST SAVINGS, LOSS OF INFORMTION OR DATA, OR ANY OTHER SPECIAL,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ARISING IN ANY WAY OUT OF THE SALE, LICENSE OR USE OF, OR
INABILITY TO USE, ANY QUINTUM PRODUCT (HARDWARE OR SOFTWARE) OR SERVICE, EVEN IF QUINTUM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF
ANY LIMITED WARRANTY.
PRODUCT RELOCATION: THE WARRANTIES SET FORTH ABOVE SHALL BE NULL AND VOID AND OF NO FURTHER EFFECT IN
THE EVENT THAT EITHER: (A) THE PRODUCTS ARE RELOCATED, MOVED, SHIPPED OR EXPORTED (EITHER DIRECTLY OR
INDIRECTLY) TO, OR TECHNOLOGY WITH REGARD TO THE PRODUCTS IS DISCLOSED TO, ANY DESTINATION THAT IS PRO-
SCRIBED UNDER PART 740 OF THE U.S. DEPARTMENT OF COMMERCE EXPORT ADMINISTRATION REGULATIONS OR TO ANY
NATIONAL OF ANY ONE OF THOSE COUNTRIES UNLESS PRIOR WRITTEN AUTHORIZATION HAS BEEN OBTAINED FROM THE
U.S. DEPARTMENT OF COMMERCE OR SUCH ACTIONS ARE OTHERWISE PERMITTED BY THE U.S. DEPARTMENT OF COM-
