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Limited Product Warranty
For a period of 24 months from date of delivery, Modern Security
Solutions Ltd (Modern), warrants the product delivered to Buyer
as follows: (1) the hardware shall be free from defects in material
and workmanship and will conform to the applicable Modern specification
and the terms of this proposal, and (2) the software and firmware
will conform to the applicable Modern specification and the terms
of this proposal.
This Agreement shall be construed and interpreted in accordance
with the laws of England and Wales.
If a defect occurs during the warranty period, Buyer shall return
the product to Modern or to a facility designated by Modern for
repair or replacement. Modern shall determine in its sole discretion
whether to repair or replace any defective product covered by
this warranty. Buyer shall prepay the cost of shipping the product
to Modern or to the designated facility and bear the risk of loss
while the product is in transit. Modern shall pay the shipping
charges to return the product to the Buyer and bear the risk of
loss during transit, unless Modern determines that the defect
is not covered by this warranty. In the event that Modern determines
that a returned product is not covered by this warranty, Modern
shall immediately notify the Buyer and request instructions regarding
disposition. Buyer's sole and exclusive remedy for defects in
products covered by this warranty is limited to the correction
of the defect by repair or replacement.
The foregoing warranty shall not apply to defects resulting from
improper or inadequate maintenance by Buyer, Buyer-supplied software
or interfacing, unauthorized modification or misuse, operation
outside of the environmental specifications of the product, or
improper site preparation or maintenance. This warranty shall
also not apply to products that have been subjected to testing
for other than specified electrical characteristics or have been
subjected to mishandling, misuse, neglect, improper testing, repair,
alteration, damage, assembly or processing that alters physical
or electrical properties.
IN NO EVENT WILL MODERN BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THIS WARRANTY EXTENDS TO THE BUYER ONLY AND NOT TO ANY
BUYER'S CUSTOMERS OR USERS OF BUYER'S PRODUCTS, AND IS IN LIEU
OF ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
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