Scangraphics warrants its Scanner Products against defective workmanship and materials for a period of ONE (1) YEAR
from date of shipment. Software and MK35 Products are warranted for a period of Ninety (90) days from date of shipment.
Scangraphics must be advised in writing, during the warranty period, of any defect or non-conformity within thirty (30) days
after discovery of defect. Products or components thereof shall not be returned for inspections, replacement, or repair
without the Buyer having first obtained a specific Return Material Authorization (RMA) number from Scangraphics, AND
Scangraphics shall have the final determination as to the existence and cause of the defect. Authorization to return defective
product must be received from the factory prior to shipping the Product.
The Buyer shall bear the expense of returning the Product to the factory with the subsequent return shipment charges paid for
by Scangraphics if, in the event such defect or non-conformity is established by Scangraphics. Air filters, fuses, and lamps
are excluded from the provisions of this warranty. Scangraphics assumes no responsibility for obsolescence of its Software.
Software is furnished "AS IS" without warranty of any kind and without any representation regarding quality, performance,
or suitability. Scangraphics does not warrant the Software free from defects or that the support services will correct all
defects which might exist. Scangraphics warrants for the benefit only of the Buyer, that the Scangraphics Software shall
conform in material respects to the Scangraphics Software User's Manual provided by Scangraphics, except with respect to
subsequent modifications, if any, made by the Buyer.
This WARRANTY shall not apply to any Product or parts thereof rendered defective by negligence, accident, or subjected to
electrical, thermal, or mechanical conditions in excess of the maximum values established by Scangraphics specification; or
misuse in handling, transportation, storage; or by performance of repairs, installation, or alterations outside the factory except
when performed by Scangraphics accredited service representatives. Scangraphics reserves the right to inspect the Product
on the premises of the Buyer or the third party thereof. Inspection or repair at any location other than the Scangraphics
factory if carried out by Scangraphics at the request of the Buyer shall be at the then current published repair service labor
rates plus reimbursement of applicable travel costs. Scangraphics may, however, at its sole option, perform repair of
Products in the Buyer's or third party's plant at Scangraphics' expense.
Scangraphics reserves the right to make changes, additions, or improvements in its Products without assuming any
obligation to incorporate such change, addition, or improvement on its Products previously manufactured.
Scangraphics shall not be liable to the Buyer or any third party for any loss of production time or profits, or any
consequential damages whatsoever resulting from use of the purchased product; or any failure in the performance of other
product to which the purchased product is connected; or the functioning of an entire system, or parts of any parts of any
system of which the purchased product may be a part, including the effect that other parts of such system may have upon the
purchased product. Scangraphics
sole and exclusive remedy and entire liability here
under shall be the repair or replacement
of component parts or software proving defective, and limited to the value of the product subject to the remedy regardless of
the form of action whether it is in contract or in tort including negligence.
Scangraphics MAKES NO REPRESENTATION OR WARRANTY OTHER THAN THOSE SET FORTH IN THIS
AGREEMENT. THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUCH WARRANTY CONSTITUTES
THE ONLY WARRANTY MADE BY Scangraphics WITH RESPECT TO THIS AGREEMENT OR THE PRODUCTS,
ARTICLES, MATERIALS, REPLACEMENT PARTS, OR SERVICES TO BE SUPPLIED HEREBY. Scangraphics
SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
