iiii
Trademark AcknowledgementsTrademark Acknowledgements
IntelliTouch, IntelliTIntelliTouch, IntelliTouch Ultra, AccuTouch, MonitorMouse, ELODEV, TouchBack, and SmartSet are trademarks ouch Ultra, AccuTouch, MonitorMouse, ELODEV, TouchBack, and SmartSet are trademarks of Eloof Elo
TouchSystems, Inc. All other trademarks are the property of TouchSystems, Inc. All other trademarks are the property of their respective holders.their respective holders.
CopyrightCopyright
Copyright © 1989, 1992, 1995, 1996 by Elo TouchSystems, Inc. All rights reserved. Reproduction, adaptation, orCopyright © 1989, 1992, 1995, 1996 by Elo TouchSystems, Inc. All rights reserved. Reproduction, adaptation, or
translation without prior written permission is prohibited, etranslation without prior written permission is prohibited, except as allowed under xcept as allowed under copyright laws. Printed in USA.copyright laws. Printed in USA.
H54791.H54791.
Limited WarrantyLimited Warranty
(a) Elo TouchSystems, Inc., ("Seller") warrants to Buyer that the Products (a) Elo TouchSystems, Inc., ("Seller") warrants to Buyer that the Products (i) shall be free (i) shall be free of defects in of defects in materials andmaterials and
workmanship for ten (10) years from the date of shipment for touchscreen components, five (5) years from the date ofworkmanship for ten (10) years from the date of shipment for touchscreen components, five (5) years from the date of
shipment for controllers, and two (2) years from the date of shipment for TouchMonitors (each a "Warranty Period"), (ii)shipment for controllers, and two (2) years from the date of shipment for TouchMonitors (each a "Warranty Period"), (ii)
shall conform to Seller's specifications for such Products throughout the applicable Warranty Period, and (iii) shall be freeshall conform to Seller's specifications for such Products throughout the applicable Warranty Period, and (iii) shall be free
of liens and encumbrances when shipped to Buyer. If Seller agrees in writing to provide and does provide system design,of liens and encumbrances when shipped to Buyer. If Seller agrees in writing to provide and does provide system design,
drawings, technical advice, or any other services to Buyer in connection with Products, then Seller further warrants todrawings, technical advice, or any other services to Buyer in connection with Products, then Seller further warrants to
Buyer during the applicable Warranty Period that such services shall be undertaken in accordance with Seller's reasonableBuyer during the applicable Warranty Period that such services shall be undertaken in accordance with Seller's reasonable
technical judgment based on Seller's understanding of pertinent technical data as of the date of performance of suchtechnical judgment based on Seller's understanding of pertinent technical data as of the date of performance of such
services. Seller's warranties will not apply to any Product services. Seller's warranties will not apply to any Product with respect to which there with respect to which there has been (i) has been (i) improper installation orimproper installation or
testing, (ii) failure to provide a suitable operating environment, (iii) use of the Product for purposes other than that fortesting, (ii) failure to provide a suitable operating environment, (iii) use of the Product for purposes other than that for
which it was designed, (iv) failure to monitor or operate in accordance with applicable Seller specifications and goodwhich it was designed, (iv) failure to monitor or operate in accordance with applicable Seller specifications and good
industry practice, (v) unauthorized attachment or removal or industry practice, (v) unauthorized attachment or removal or alteration of any part, (vi) unusualteration of any part, (vi) unusual mechanical, physical oral mechanical, physical or
electrical stress, (vii) modifications or repairs done by other than Seller, or (viii) any other abuse, misuse, neglect orelectrical stress, (vii) modifications or repairs done by other than Seller, or (viii) any other abuse, misuse, neglect or
accident. In no circumstance shaccident. In no circumstance shall Seller have any liability or obligation with respect to expenses, all Seller have any liability or obligation with respect to expenses, liabilities or lossesliabilities or losses
associated with the installation or removal of any Product or the installation or removal of any components for inspection,associated with the installation or removal of any Product or the installation or removal of any components for inspection,
testing or redesign occasioned by any defect or by repair or replacement of a Product.testing or redesign occasioned by any defect or by repair or replacement of a Product.
(b) Seller makes no (b) Seller makes no warranty regarding the model life of warranty regarding the model life of monitors. Seller's suppliers may at any time and from time to monitors. Seller's suppliers may at any time and from time to timetime
make changes in the monitors delivered as Products or components.make changes in the monitors delivered as Products or components.
(c) Buyer shall notify Seller in writing promptly (and in (c) Buyer shall notify Seller in writing promptly (and in no case later than no case later than thirty (30) days after discovery) of the thirty (30) days after discovery) of the failure offailure of
any Product to conform to the warranty set forth above, shall describe in commercially reasonable detail in such notice theany Product to conform to the warranty set forth above, shall describe in commercially reasonable detail in such notice the
symptoms associated with such failure, and shall provide to Seller the opportunity to inspect such Products as installed, ifsymptoms associated with such failure, and shall provide to Seller the opportunity to inspect such Products as installed, if
possible. The notice must be received by Seller during the Warranty Period for such Product. Unless otherwise directed inpossible. The notice must be received by Seller during the Warranty Period for such Product. Unless otherwise directed in
writing by Seller, within thirty (30) days after submitting such notice, Buyer shall package writing by Seller, within thirty (30) days after submitting such notice, Buyer shall package the allegedly defective Productthe allegedly defective Product
in its original shipping carton(s) or a functional equivalent and shall ship it to Seller at Buyer's expense and risk.in its original shipping carton(s) or a functional equivalent and shall ship it to Seller at Buyer's expense and risk.
(d) Within a reasonable time af(d) Within a reasonable time after receipt of the ter receipt of the allegedly defective Product and verification by Seller that the Product fallegedly defective Product and verification by Seller that the Product failsails
to meet the warranty set forth to meet the warranty set forth above, Seller shall correct suabove, Seller shall correct such failure by, at Seller's option, either ch failure by, at Seller's option, either (i) modifying or repairing(i) modifying or repairing
the Product or (ii) replacing the Product. Such modification, repair or replacement and the return shipment of the Productthe Product or (ii) replacing the Product. Such modification, repair or replacement and the return shipment of the Product
with minimum insurance to Buyer shall be at Seller's expense. Buyer shall bear the risk of loss or damage in transit, andwith minimum insurance to Buyer shall be at Seller's expense. Buyer shall bear the risk of loss or damage in transit, and
may insure the Product. Buyer shall reimburse Seller for transportation costs incurred for Products returned but found bymay insure the Product. Buyer shall reimburse Seller for transportation costs incurred for Products returned but found by
Seller not to be Seller not to be defective. Modification or repair of defective. Modification or repair of Products may, at Seller's option, take place either Products may, at Seller's option, take place either at Seller's facilitiesat Seller's facilities
or at Buyer's premises. If Seller is unable to modify, repair or replace a Product to conform to the warranty set forth above,or at Buyer's premises. If Seller is unable to modify, repair or replace a Product to conform to the warranty set forth above,
then Seller shall, at Seller's option, either refund to Buyer or credit to Buyer's account the purchase price of the Productthen Seller shall, at Seller's option, either refund to Buyer or credit to Buyer's account the purchase price of the Product
less depreciation calculated on a straight-line basis over Seller's stated useful life of the Product (three years forless depreciation calculated on a straight-line basis over Seller's stated useful life of the Product (three years for
touchscreen components and touchscreen components and controllers and one year fcontrollers and one year for TouchMonitors). THESE REMEDIES SHALL BE BUYER'Sor TouchMonitors). THESE REMEDIES SHALL BE BUYER'S
EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY.EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY.
(e) EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER(e) EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE PRODUCTS, THEIRWARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE PRODUCTS, THEIR
FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NONINFRINGEMENT,FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NONINFRINGEMENT,
OR OTHERWISE. NO EMPLOYEE OF SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANYOR OTHERWISE. NO EMPLOYEE OF SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY
WARRANTY FOR THE GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER'S LIABILITYWARRANTY FOR THE GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER'S LIABILITY
UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT.UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT.
IN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OFIN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF
SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTALSUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL
DAMAGES.DAMAGES.