Xmark Corporation PT2 用户手册
EXI HALO User Manual
980-000002-000
EXI Wireless Systems Inc.
37
December 2000
Revision 6.0
APPENDIX A - LIMITED WARRANTY
1.
Warranty: Subject to the limiting conditions set forth below, EXI Wireless Systems Inc. (“EXI”) hereby warrants that: (a) each prod-
uct, other than transponders (the “Transponders”), accompanying this warranty (the “Product”), will be free of defects in materials and
workmanship for a period (the “Product Warranty Period”) of two years after the date of the original sale by EXI of the Product; and (b)
each Transponder accompanying this warranty will be free of defects and workmanship for a period (the “Transponder Warranty Pe-
riod”) of, in the case of a WTX-INF/WS Transponder, four years, and in the case of all other Transponders, three years, after the date of
the original sale by EXI of the Transponder.
uct, other than transponders (the “Transponders”), accompanying this warranty (the “Product”), will be free of defects in materials and
workmanship for a period (the “Product Warranty Period”) of two years after the date of the original sale by EXI of the Product; and (b)
each Transponder accompanying this warranty will be free of defects and workmanship for a period (the “Transponder Warranty Pe-
riod”) of, in the case of a WTX-INF/WS Transponder, four years, and in the case of all other Transponders, three years, after the date of
the original sale by EXI of the Transponder.
2.
Notification: If the original or any subsequent purchaser (collectively, the “Purchaser”) of the Product or Transponder, as the case
may be, discovers a defect in materials or workmanship of a Product within the Product Warranty Period, or a Transponder within the
applicable Transponder Warranty Period, the Purchaser must, within 30 days after the date of such discovery, notify EXI of such defect,
and at EXI’s request, return the defective Product or Transponder, as case the may be, to EXI.
may be, discovers a defect in materials or workmanship of a Product within the Product Warranty Period, or a Transponder within the
applicable Transponder Warranty Period, the Purchaser must, within 30 days after the date of such discovery, notify EXI of such defect,
and at EXI’s request, return the defective Product or Transponder, as case the may be, to EXI.
3.
Repair or Replacement: Subject to §4, upon acceptance by EXI of responsibility for the defect, EXI will, in its sole discretion, (a)
in the case of a Product, either replace the Product, or provide the Purchaser with replacement parts for, or repair, the same; and (b) in
the case of a Transponder, replace the Transponder at a discounted price equal to the product of: (i) the nearest whole number of months
remaining in the applicable Transponder Warranty Period; and (ii) the amount of the then monthly credit available from EXI for the appli-
cable Transponder. EXI’s warranty in respect of any replacement Product, part thereof, or Transponder, as the case may be, will be for
the unexpired portion of the original warranty period applicable to the relevant Product or Transponder.
in the case of a Product, either replace the Product, or provide the Purchaser with replacement parts for, or repair, the same; and (b) in
the case of a Transponder, replace the Transponder at a discounted price equal to the product of: (i) the nearest whole number of months
remaining in the applicable Transponder Warranty Period; and (ii) the amount of the then monthly credit available from EXI for the appli-
cable Transponder. EXI’s warranty in respect of any replacement Product, part thereof, or Transponder, as the case may be, will be for
the unexpired portion of the original warranty period applicable to the relevant Product or Transponder.
4.
Exclusion: The warranty referred to in §1 is the sole warranty made by EXI with respect to its Products and Transponders. EXI
makes no other warranty or representation, express or implied, and hereby disclaims any implied warranty of merchantability or fitness for
a particular purpose, statutory or otherwise, concerning its Products and Transponders. In addition, the warranty will not apply if EXI has
not received a fully completed warranty registration card in respect of the Product or Transponder, as the case may be, within 30 days
after the date of the original purchase from EXI of the same, or the Product or Transponder, as the case may be, or any part thereof: (a) is
damaged by misuse, accident, negligence, lightning, power surge, brown-out, or leaking, damaged or inoperative batteries, or failure to
maintain the Product or Transponder as specified or required by EXI; (b) is damaged by modifications, alterations or attachments thereto
which are not authorized by EXI; (c) is installed, operated or repaired contrary to the instructions of EXI; (d) is opened, modified or dis-
assembled in any way without EXI’s consent; or (d) is used in combination with items, articles or materials not authorized by EXI.
makes no other warranty or representation, express or implied, and hereby disclaims any implied warranty of merchantability or fitness for
a particular purpose, statutory or otherwise, concerning its Products and Transponders. In addition, the warranty will not apply if EXI has
not received a fully completed warranty registration card in respect of the Product or Transponder, as the case may be, within 30 days
after the date of the original purchase from EXI of the same, or the Product or Transponder, as the case may be, or any part thereof: (a) is
damaged by misuse, accident, negligence, lightning, power surge, brown-out, or leaking, damaged or inoperative batteries, or failure to
maintain the Product or Transponder as specified or required by EXI; (b) is damaged by modifications, alterations or attachments thereto
which are not authorized by EXI; (c) is installed, operated or repaired contrary to the instructions of EXI; (d) is opened, modified or dis-
assembled in any way without EXI’s consent; or (d) is used in combination with items, articles or materials not authorized by EXI.
5.
Limitation: EXI will only be liable to the Purchaser for direct damages suffered by the Purchaser up to a maximum amount equal to
the total amount of the purchase price actually paid by the Purchaser to EXI for the Product or Transponder, as the case may be. Spe-
cifically, EXI will not be liable for: (a) any special, indirect or consequential damage, including lost profits, lost revenues, failure to realize
expected savings, or other commercial or economic losses of any kind, even if EXI has been advised of the possibility of such damage;
(b) any loss or damage to any property or for any personal injury or economic loss or damage caused by the connection of the Product or
Transponder, as applicable, to other devices or systems; (c) any damage or injury arising from or as a result of, misuse, abuse or incorrect
installation, integration or operation of the Product or Transponder, as applicable, by persons not authorized by EXI; or (d) any defect in
any batteries added to or used in conjunction with the Product or Transponder.
the total amount of the purchase price actually paid by the Purchaser to EXI for the Product or Transponder, as the case may be. Spe-
cifically, EXI will not be liable for: (a) any special, indirect or consequential damage, including lost profits, lost revenues, failure to realize
expected savings, or other commercial or economic losses of any kind, even if EXI has been advised of the possibility of such damage;
(b) any loss or damage to any property or for any personal injury or economic loss or damage caused by the connection of the Product or
Transponder, as applicable, to other devices or systems; (c) any damage or injury arising from or as a result of, misuse, abuse or incorrect
installation, integration or operation of the Product or Transponder, as applicable, by persons not authorized by EXI; or (d) any defect in
any batteries added to or used in conjunction with the Product or Transponder.
6.
Product Limitation: The Purchaser (a) acknowledges that (i) the Products and the Transponders are not, nor can they be, guaran-
teed to prevent wandering patients, infant abductions, theft or any other event for which they were purchased, (ii) the Products and
Transponders are only intended to provide additional safeguards to assist in the prevention of events such as those described in §(i), and
(b) understands fully the foregoing limitations concerning the Products and Transponders, including EXI’s limitation on liability described in
§5, and agrees to warn, and obtain acknowledgements from, all users thereof of the same.
teed to prevent wandering patients, infant abductions, theft or any other event for which they were purchased, (ii) the Products and
Transponders are only intended to provide additional safeguards to assist in the prevention of events such as those described in §(i), and
(b) understands fully the foregoing limitations concerning the Products and Transponders, including EXI’s limitation on liability described in
§5, and agrees to warn, and obtain acknowledgements from, all users thereof of the same.
7.
No Additional Warranties: The terms and conditions herein contain all the warranties and representations concerning EXI’s Prod-
ucts and Transponders and supersede all previous negotiations, understandings, communications, representations, warranties and
agreements, whether verbal or written, concerning the Products and Transponders.
ucts and Transponders and supersede all previous negotiations, understandings, communications, representations, warranties and
agreements, whether verbal or written, concerning the Products and Transponders.
8.
Deemed Acceptance: The installation or use of the Product or Transponder by or at the direction of the Purchaser will be deemed as
an acceptance by the Purchaser of the terms hereof.
an acceptance by the Purchaser of the terms hereof.
9.
Governing Law: The warranty herein will be governed by the domestic laws of the Province of British Columbia, Canada and the
Purchaser hereby attorns to the exclusive jurisdiction of the laws of British Columbia. The provisions of the United Nations Convention
on Contracts for the International Sale of Goods is hereby excluded.
Purchaser hereby attorns to the exclusive jurisdiction of the laws of British Columbia. The provisions of the United Nations Convention
on Contracts for the International Sale of Goods is hereby excluded.