Subject to the Limitations, Exclusions and Disclaimers hereof, Touch Dynamic, Inc. (“Touch Dynamic”) warrants that the Terminals and Peripherals (hereinafter collectively or individually referred to as “Product” as appropriate) purchased from Touch Dynamic, a Touch Dynamic authorized distributor, or a Touch Dynamic authorized reseller will conform to Touch Dynamic’s specifications and be free from defects in material or workmanship for the respective Limited Warranty period provided in Touch Dynamic’s Product Warranty Sheet (only available to resellers). Touch Dynamic does not warrant that the Product will meet the specific requirements of the end-user customer. If the Product while subject to this Limited Warranty is defective in material or workmanship during the warranty period, then Touch Dynamic, at its discretion, will REPAIR or REPLACE the Product.
All exchanged parts and Products replaced under this Limited Warranty will become property of Touch Dynamic.
Touch Dynamic’s sole obligation is to supply all labor necessary to repair the Product found to be defective within the Limited Warranty period and to repair or replace defective parts with new parts or, at the discretion of Touch Dynamic, serviceable used parts that are equivalent or superior to new parts performance.
WARRANTY LIMITATION AND EXCLUSION
THIS WARRANTY SETS FORTH TOUCH DYNAMIC’S MAXIMUM LIABILITY FOR ITS PRODUCT. THIS WARRANTY EXTENDS ONLY TO PRODUCT PURCHASED FROM TOUCH DYNAMIC OR A TOUCH DYNAMIC AUTHORIZED RESELLER OR DISTRIBUTOR. Touch Dynamic shall have no further obligation under the foregoing Limited Warranty if the Product has been damaged due to abuse, misuse, neglect, smoke exposure accident, unusual physical or electrical stress, unauthorized modifications (including use of an unauthorized mount), tampering, alterations or service other than by Touch Dynamic or its authorized agents, causes other than from ordinary use or failure to properly use the Product in the application for which said Product was intended. This Limited Warranty excludes Product cleaning, repair, or replacement of plastics due to cosmetic damage and damage as a result of normal wear. Product repair outside of the terms of the Limited Warranty will be on a time and materials basis.
THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PRODUCT. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARE DISCLAIMED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF AND THE FOREGOING WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY TOUCH DYNAMIC.
Limited Warranty Period
The Limited Warranty periods hereof commence on the date of invoice by the reseller. These Limited Warranty provisions shall apply only to Resellers.
To Be Eligible For Limited Warranty Coverage:
Any person exercising a claim under this Limited Warranty must establish to the satisfaction of Touch Dynamic that they are a Reseller and must provide a valid Serial Number and description of the problem.
To Obtain Standard Warranty Service
During the Limited Warranty period, to exercise this Limited Warranty, the purchaser must first contact Touch Dynamic Customer service at (888)508-6824 Or visit www.touchdynamic.com
For Warranty service, the purchaser will be advised to return or deliver the defective Product fully insured, with all fees prepaid, to a Touch Dynamic Service Center as directed by Touch Dynamic Customer service. When returning Product to Touch Dynamic, a Return Merchandise Authorization Number (RMA #) is required and must be clearly displayed on the outside of the shipping carton or a similar package affording an equal degree of protection. Touch Dynamic accepts no responsibility for damages that occur in the shipping process. Touch Dynamic will return the repaired/replaced Product freight prepaid to the shipper in the US and Canada.
Purchaser must bear charges for the warranty repair. No repair or replacement of Product or part thereof shall extend the Limited Warranty period as to the entire product. Warranty on the repair part and workmanship shall only be effective for a period of ninety (90) days following the repair or replacement of that part or the remaining period of the
LIMITATION OF LIABILITY IT IS UNDERSTOOD AND AGREED THAT TOUCH DYNAMIC’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER AND UNDER NO CIRCUMSTANCES SHALL TOUCH DYNAMIC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOST REVENUES,
LOST SAVINGS, OR LOST DATA. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING TOUCH DYNAMIC’S LIABILITY.
Limitation on Bringing Action – No action, regardless of form, arising out of the agreement to purchase the Product may be brought by purchaser more than one year after the cause of action has accrued, unless such limitation is expressly prohibited under applicable law.
Governing Law – Any action, regardless of form, arising out of the agreement to purchase the Product is governed by New Jersey law.
Mandatory Arbitration – All disputes between the parties arising out of or relating to this Warranty document, including to interpret or enforce the terms herein, shall be settled by binding arbitration in New Jersey before a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator may award any legal or equitable remedy. The prevailing party shall be awarded its costs and expenses incurred in any arbitration proceeding, including administrative expense.