Unless otherwise noted, ACTGTI warrants its repairs and equipment to be free from defects in workmanship and material for a period of one (1) year from date of delivery. ACTGTI’s sole obligation for any breach of warranty shall be to remedy any nonconformance. In the event there is a breach of warranty, ACTGTI will, at its sole discretion, repair, correct or replace any defect to conform to this warranty or refund the payments received from Customer. ACTGTI shall only warrant those repairs and/or services performed directly by it or its authorized representatives. Any warranty service (consisting of time, travel and expenses related to such services) performed at other than ACTGTI’s facilities or that of an ACTGTI authorized representative will be at customer’s expense. ACTGTI warrants that Products comprised of services, including engineering and custom application programming services, whether provided on a fixed cost or time and material basis, will be performed in accordance with generally accepted industry practices to the extent such services are subject to written acceptance criteria agreed to in advance by ACTGTI. All other warranties relative to provided services are disclaimed. ACTGTI shall only warrant those repairs and/or services performed directly by it or its authorized representatives.
Notice Of Defects:
Promptly following receipt of goods or rendering of services, Customer shall inspect the same. Any claim for shortage must be made within five (5) days following the receipt of goods and prior to use or installation of the goods. All other claims, including claims for defects not discoverable until use of the goods, must be made in writing within ten (10) days after Customer first learns of the defect. All claims not made in conformity with the above provisions shall be deemed waived.
Limitations On Warranties:
The warranties offered by ACTGTI shall not apply if any of the following occur: (1) the goods are used for any reason or purpose other than their intended purpose; (2) the goods are not utilized under the conditions or in the manner recommended by ACTGTI, the manufacturers specifications or other instructions; (3) the goods have been misused, abused or improperly used in any manner, or unauthorized repairs are attempted; (4) the alleged defects have been caused by neglect; improper installation, operation, maintenance, repair, storage, handling, calibration, alteration or modification; accident, or unusual deterioration or degradation of the goods or parts thereof due to physical environment or electrical or electromagnetic noise environment; or (5) prompt written notice is not provided in accordance with the provisions set forth above. Any alleged defective goods must be returned to the location designated by ACTGTI. Transportation costs associated with the return of the goods shall be prepaid by Customer and any risk of loss during the transportation of the goods shall be borne by Customer. Any goods repaired or replaced by ACTGTI pursuant to the terms of this warranty agreement shall only be warranted for the remainder of the original warranty period provided. At is sole discretion, ACTGTI may extend the warranty period by the length of time necessary for repair or replacement of any defective goods. ACTGTI makes no other warranties, covenants, or representatives, either express or implied, beyond those set forth herein. THERE IS NO WARRANTY OF MERCHANTABILITY AND THERE ARE NO WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE.
Limits Of Liability:
Any legal action for breach of warranty or other cause related to goods or services provided by ACTGTI must be commenced within one (1) year after the date of the initial delivery of the goods at issue. Otherwise, all actions shall be barred. ACTGTI shall not be liable under any warranty to anyone other than Customer. In no event shall ACTGTI be liable for any incidental, special, remote or consequential damages (including but not limited to the loss of revenue or profits of Customer or increased costs) arising from or caused by, directly or indirectly, a delay in delivery of the items, breach of warranty, use of items by Customer, breach of any obligation of ACTGTI hereunder, its performance or failure to perform, or any other act or omission by ACTGTI. In no event shall its liability exceed the price paid by Customer for the goods or services in dispute. Customer agrees to indemnify and hold ACTGTI harmless for any claim or action brought against it for personal injuries alleged by any person resulting from the use or installation of ACTGTI’s goods or services, except for personal injuries conclusively determined to be caused by ACTGTI’s own gross negligence.
In the event that a core item is to be returned, ACTGTI will perform a inspection of the item to insure that serial numbers, model and part numbers match before insuring the agreed core refund. The cord MUST be returned to our address with a RMA from ACTGTI in fifteen days from the related invoice date.