1.4.8. Statement of Limited Warranty
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Scope of Limited Warranty
TeleVideo, Inc. (TeleVideo) warrants to Buyer that its products, except software, will be
free from defects in materials and workmanship for 365 days from the date of purchase.
TeleVideo's obligation under this warranty will be limited to repairing or replacing, at
TeleVideo's option, the parts of the products which prove defective in material or
workmanship, provided that Buyer gives TeleVideo prompt notice of any defect and
satisfactory proof thereof.
Exclusions
This limited warranty does not cover losses or damages which occur in shipment to or
from Buyer, nor due to (1) improper installation or maintenance, misuse, neglect or any
cause other than ordinary commercial or industrial application, or (2) adjustment, repair,
or modification by anyone other than TeleVideo's authorized agent, or (3) improper
environment, excessive or inadequate heating or air-conditioning and electrical power
failures, surges, or other irregularities, or (4) any statements made about TeleVideo's
products by sales representatives, dealers, distributors or agents, unless confirmed in
writing by a TeleVideo officer. Equipment purchased must be in a new, sealed
condition upon delivery to the end user in order to qualify for TeleVideo’s limited
warranty.
The foregoing TeleVideo limited warranty is in lieu of all other warranties, whether oral,
written, expressed, implied, or statutory. Implied warranties of merchantability and
fitness for a particular purpose will not apply.
TeleVideo’s warranty obligations and Buyer's remedies hereunder are solely and
exclusively as stated herein. TeleVideo makes no warranty whatsoever concerning any
software products, which are sold "as is" and "with all faults". TeleVideo's liability,
whether based on contract, tort, warranty, strict liability, or any other theory, shall not
exceed the price of the individual unit whose defect or damage is the basis of the claim.
In no event shall TeleVideo be liable for any loss of profits, loss or use of facilities or
equipment, or other indirect, incidental or consequential damages.