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General Conditions Of Warranty and Delivery |
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Dimetix AG ("Dimetix") manufactures its hardware products from parts and components that are new or equivalent to new in accordance with industry-standard practices. Dimetix warrants that the hardware products it manufactures will be free from defects in materials and workmanship. The limited warranty term is one year beginning on the date of invoice, as further described in the following text. Damage due to shipping the products to you is covered under this limited warranty. However, this limited warranty does not cover damages due to external causes, including accident, force majeure, abuse, misuse, problems with electrical power, servicing not authorized by Dimetix, usage not in accordance with product instructions, failure to perform required preventive maintenance, and problems caused by use of parts and components other than supplied by Dimetix. This limited warranty does not cover any items that are in one or more of the following categories: software; external devices (except as specifically noted); accessories or parts added to a Dimetix system after the system is shipped from Dimetix; accessories or parts added to a Dimetix system through system integrators other than Dimetix, accessories or parts that are not installed by Dimetix. During the one-year period beginning on the date of invoice Dimetix will repair or replace products returned to Dimetix's facility. To request limited warranty service, you must contact Dimetix within the limited warranty period. Refer to the address below to find the appropriate telephone number. If limited warranty service is required, Dimetix will issue a "Return of Material Authorization Number" (RMA). Dimetix will advise you how to pack and ship the product for repair or replacement. IMPORTANT: Before you ship the product(s) to Dimetix, back up any data and/or configuration settings in the product(s)/devices. Dimetix does not accept any liability for lost data or software. Dimetix owns all parts removed from repaired products. Dimetix uses new and reconditioned parts made by various manufacturers to perform limited warranty repairs and building replacement products. If Dimetix repairs or replaces a product, its limited warranty terms will not be extended. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). DIMETIX'S RESPONSIBlLITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LlMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS LlMITED WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABlLITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LlMITED IN DURATION TO THE LlMITED WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON, HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MA Y NOT APPL Y TO YOU. DIMETIX DOES NOT ACCEPT LIABlLITY BEYOND THE REMEDlES SET FORTH IN THIS LIMITED WARRANTY STATEMENT OR LIABlLITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LlABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR SOFTWARE.BUYER OF ANY DIMETIX PRODCTS WILL HOLD DIMETIX HARMLESS FROM ANY AND ALL CLAIMS AND LIABILITY FOR LOSSES OR COSTS(INCLUDING ATORNEYE'S FEES) RESULTING FROM OR CAUSED BY A PRODUCT MAUFACTURED AND SOLD BY DIMETIX. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. ANY PRODUCTS SHIPPED TO A CUSTOMER BY DIMETIX REMAINS PROPERTY OF DIMETIX UNTIL FINAL PAYMENT. DISPUTES ARISING OUT OF THIS GENERAL CONDITIONS SHALL BE SETTLED BY THE TRIBUNAL OF COMMERCE OF THE CANTON OF APPENZELL/AR OR BY ANY OTHER COMPETENT COURT PERSUANT TO THE RULES OF THE CODE OF CIVIL PROCEDURES OF THE CANTON OF APPENZELL/AR AND OF THE FEDERAL CODE ABOUT THE ORGANIZATION OF FEDERAL JURISDICTION. Dimetix AG |
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