
3 GUARANTEE/WARRANTY STATEMENT
This limited warranty is governed by and construed under the laws of the
State of Iowa.
I
NTEGRATED
T
REATMENT
S
YSTEMS
,
LLC
(ITS)
WARRANTS ITS PRODUCTS AGAINST DEFECTS IN MATERIALS AND
WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF
1
YEAR FROM DATE OF SHIPMENT
("W
ARRANTY
P
ERIOD
").
I
F A DEFECT ARISES AND A VALID CLAIM IS RECEIVED WITHIN THE WARRANTY PERIOD
,
ITS
WILL
,
AT
ITS OPTION AND TO THE EXTENT PERMITTED BY LAW
,
FOR ANY
ITS
MANUFACTURED DEVICES THAT ARE
RETURNED AND CONFIRMED BY
ITS
TO BE NON
-
CONFORMING TO THE PRODUCT SPECIFICATIONS AND
OR THE
APPLICABLE QUALITY AND ACCEPTABILITY STANDARDS
,
EITHER
(I)
REPLACE THE PRODUCT AT NO CHARGE OR
(II)
ISSUE A CREDIT EQUAL TO THE ORIGINAL PURCHASE PRICE OF THE PRODUCT
.
W
HEN A PRODUCT IS EXCHANGED
,
ANY REPLACEMENT ITEM BECOMES THE CUSTOMER
'
S PROPERTY AND THE REPLACED ITEM BECOMES
ITS’
PROPERTY
.
W
HEN A REFUND IS GIVEN
,
THE PRODUCT FOR WHICH THE REFUND IS PROVIDED MUST BE RETURNED
TO
ITS
AND BECOMES
ITS’
PROPERTY
.
ITS
WILL NOT ACCEPT LIABILITY FOR ANY COST IN ADDITION TO THE
VALUE OF THE PRODUCT INCLUDING BUT NOT LIMITED TO COMPONENTS
,
LABOR
,
BUSINESS INTERRUPTIONS
,
PROCESS PERFORMANCE IMPACTS
,
AND ANY OTHER CONSEQUENTIAL DAMAGES OR LOSSES
.
ITS
DISCLAIMS
ANY OPEN
-
ENDED ACCEPTANCE OF LIABILITY FOR LOSSES BEYOND THE CONTROL OF
ITS.
T
HIS LIMITED WARRANTY DOES NOT APPLY
:
(A)
TO DAMAGE CAUSED BY USE WITH NON
-ITS
PRODUCTS
;
(B)
TO
DAMAGE CAUSED BY ACCIDENT
,
ABUSE
,
MISUSE
,
FLOOD
,
FIRE
,
EARTHQUAKE OR OTHER EXTERNAL CAUSES
;
(C)
TO DAMAGE CAUSED BY USE OF THE PRODUCT OUTSIDE THE PERMITTED OR INTENDED USES DESCRIBED IN THE
PRODUCT SPECIFICATIONS
;
(D)
TO DAMAGE CAUSED BY SERVICE
(
INCLUDING UPGRADES AND EXPANSIONS
)
PERFORMED BY ANYONE WHO IS NOT AN AUTHORIZED REPRESENTATIVE OF
ITS;
(E)
TO A PRODUCT OR PART
THAT HAS BEEN MODIFIED TO ALTER FUNCTIONALITY OR CAPABILITY WITHOUT THE WRITTEN PERMISSION OF
ITS;
OR
(F)
TO COSMETIC DAMAGE
,
INCLUDING BUT NOT LIMITED TO SCRATCHES OR DENTS
,
THAT DOES NOT
OTHERWISE AFFECT THE PRODUCT
'
S FUNCTIONALITY OR MATERIALLY IMPAIR IT
'
S USE
.
T
O THE EXTENT PERMITTED BY LAW
,
THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES
,
REMEDIES
,
AND CONDITIONS
,
WHETHER ORAL OR WRITTEN
,
STATUTORY
,
EXPRESS OR IMPLIED
.
A
S PERMITTED BY APPLICABLE LAW
,
ITS
SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY
OR IMPLIED WARRANTIES
,
INCLUDING
,
WITHOUT LIMITATION
,
WARRANTIES OF MERCHANTABILITY
,
FITNESS FOR
A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS
.
I
F ANY TERM OF THIS
WARRANTY IS HELD TO BE ILLEGAL OR UNENFORCEABLE
,
THE LEGALITY OR ENFORCEABILITY OF THE REMAINING
TERMS SHALL NOT BE AFFECTED OR IMPAIRED
.
E
XCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT
PERMITTED BY LAW
,
ITS
IS NOT RESPONSIBLE FOR DIRECT
,
SPECIAL
,
INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION
,
OR UNDER ANY OTHER LEGAL THEORY
,
INCLUDING BUT NOT LIMITED TO LOSS OF USE
;
LOSS OF REVENUE
,
LOSS OF ACTUAL OR ANTICIPATED PROFITS
(
INCLUDING LOSS OF PROFITS ON CONTRACTS
);
LOSS OF THE USE OF MONEY
;
LOSS OF ANTICIPATED SAVINGS
;
LOSS OF BUSINESS
;
LOSS OF OPPORTUNITY
;
LOSS OF GOODWILL
;
LOSS OF REPUTATION
;
LOSS OF DAMAGE TO
OR CORRUPTION OF DATA
;
OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED
INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY
,
ANY COSTS OF RECOVERING
,
PROGRAMMING
OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH
ITS
PRODUCTS
.
ITS
DISCLAIMS ANY
REPRESENTATION THAT IT WILL BE ABLE TO MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF
PROGRAMS OR DATA
.
Y
OU MUST ASSIST IN DIAGNOSING ISSUES WITH YOUR SYSTEM ELECTRONICS AND
FOLLOW
ITS
WARRANTY PROCESSES
.