WINSYSTEMS warrants to Customer that for a period of two (2) years from the date of shipment any Products and Software purchased or licensed hereunder which have been developed or manufactured by WINSYSTEMS shall be free of any material defects and shall perform substantially in accordance with WINSYSTEMS' specifications therefore. With respect to any Products or Software purchased or licensed hereunder which have been developed or manufactured by others, WINSYSTEMS shall transfer and assign to Customer any warranty of such manufacturer or developer held by WINSYSTEMS, provided that the warranty, if any, may be assigned. Notwithstanding anything herein to the contrary, this warranty granted by WINSYSTEMS to Customer shall be for the sole benefit of Customer, and may not be assigned, transferred or conveyed to any third party. The sole obligation of WINSYSTEMS for any breach of warranty contained herein shall be, at its option, either (i) to repair or replace at its expense any materially defective Products or Software, or (ii) to take back such Products and Software and refund the Customer the purchase price and any license fees paid for the same. Customer shall pay all freight, duty, broker's fees, insurance changes and other fees and charges for the return of any Products or Software to WINSYSTEMS under this warranty. WINSYSTEMS shall pay freight and insurance charges for any repaired or replaced Products or Software thereafter delivered to Customer within the United States. All fees and costs for shipment outside of the United States shall be paid by Customer. The foregoing warranty shall not apply to any Products or Software which have been subject to abuse, misuse, vandalism, accidents, alteration, neglect, unauthorized repair or improper installations.
THERE ARE NO WARRANTIES BY WINSYSTEMS EXCEPT AS STATED HEREIN. THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN NO EVENT SHALL WINSYSTEMS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROFITS OR GOODWILL. WINSYSTEMS' MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR OTHER CLAIM RELATED TO ANY PRODUCTS, SOFTWARE, OR THE SUBJECT MATTER HEREOF, SHALL NOT EXCEED THE PURCHASE PRICE OR LICENSE FEE PAID BY CUSTOMER TO WINSYSTEMS FOR THE PRODUCTS OR SOFTWARE OR PORTION THEREOF TO WHICH SUCH BREACH OR CLAIM PERTAINS.
All products returned to WINSYSTEMS must be assigned a Return Material Authorization (RMA) number. To obtain this number,please call or FAX WINSYSTEMS' factory in Arlington, Texas and provide the following information:
1. Description and quantity of the product(s) to be returned including its serial number.
2. Reason for the return.
3. Invoice number and date of purchase (if available), and original purchase order number.
4. Name, address, telephone and FAX number of the person making the request.
5. Do not debit WINSYSTEMS for the repair. WINSYSTEMS does not authorize debits.
After the RMA number is issued, please return the products promptly. Make sure the RMA number is visible on the outside of the shipping package.
The customer must send the product freight prepaid and insured. The product must be enclosed in an anti-static bag to protect it from damage caused by static electricity. Each bag must be completely sealed. Packing material must separate each unit returned and placed as a cushion between the unit(s) and the sides and top of the shipping container. WINSYSTEMS is not responsible for any damage to the product due to inadequate packaging or static electricity.