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WARRANTY
IMPORTANT NOTICE: DIGITIZE, INC. products should be tested every month
(under no circumstances less than every three months) to insure complete and proper
operation and proper input and output connections.
STATEMENT OF LIMITED WARRANTY
Digitize, Inc. ("Digitize") warrants to its distributors, systems houses, end users, and
OEMs ("Buyer"), that products manufactured by Digitize are free from defects in
materials and workmanship. Digitizes obligations under this warranty are limited to
repairing or replacing, at Digitizes option, the part or parts of the products which prove
defective in material or workmanship for 12 months within 15 months after shipment by
Digitize. Buyer must pass along to its initial customer or user ("Customer") a minimum
of 12 months' coverage within the 15-month warranty period, provided the Buyer gives
Digitize prompt notice of any defect and satisfactory proof thereof. Products may be
returned by Buyer only after a Return Material Authorization number ("RMA") has been
obtained from Digitize by telephone or in writing. Buyer will prepay all freight charges
to return any products to the repair facility designated by Digitize and include the RMA
number on the shipping container. Digitize will, at its option, either repair the defective
products or parts or deliver replacements for defective products or parts on an exchange
basis to Buyer, freight prepaid to the Buyer. Products returned to Digitize under this
warranty will become the property of Digitize. With respect to any products or art
thereof not manufactured by Digitize, only the warranty, if any, given by the
manufacturer thereof, applies.
EXCLUSIONS
This limited warranty does not cover losses or damage which occurs in shipment to or
from Buyer, or are due to, (1) improper installation or maintenance, misuse, neglect, or
any cause other than ordinary commercial or industrial application, or (2) adjustment,
repair, or modifications by other than Digitize-authorized personnel, 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 Digitizes
products by salesmen, dealers, distributors or agents, unless confirmed in writing by a
Digitize officer. If the firmware or hardware is altered or modified by the Buyer, this
firmware and hardware is not covered within this limited warranty and the Buyer bears
sole responsibility and liability for that firmware and hardware.
THE FOREGOING DIGITIZE 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 DO NO APPLY.
DIGITIZE'S WARRANTY
OBLIGATIONS AND DISTRIBUTOR'S REMEDIES HEREUNDER ARE SOLELY
AND EXCLUSIVELY AS STATED HEREIN. DIGITIZE'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 DIGITIZE BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE OF
FACILITIES OR EQUIPMENT, OR OTHER INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
WARRANTY REV.D