TEI Limited Product Warranty in Latin America region

PRODUCTS ARE ONLY INTENDED FOR COMMERCIAL (NON-CONSUMER) USES AND APPLICATIONS TOA ELECTRONICS, INC. ("TEI") warrants Products purchased against defects in material or workmanship for one year.

For warranty coverage of products of third parties resold through TEI, please contact the Original Equipment Manufacturer (OEM) or third party vendor directly.

All claims under this Limited Product Warranty must be for covered problems and must be made during the applicable warranty period. To make a claim, Purchaser must return the Product, freight prepaid, to TEI's Authorized Servicer in Latin America region depending on which country the product is being used in, under a Return Merchandise Authorization issued by that Authorized Servicer in accordance with their then currently published procedure. The Product must be returned in either its original carton or a similar package affording an equal degree of protection.

TEI or the Authorized Servicer is not obligated to provide Purchaser with a substitute product during the warranty period or at any other time.

TERMS AND CONDITIONS
1. INVESTIGATION:

The Authorized Servicer will reasonably investigate the Purchaser's claim. If after investigation Authorized Servicer determines that the reported problem was not covered by this warranty, Purchaser will pay Authorized Servicer for the cost of investigating the problem at Authorized Servicer's then prevailing per incident testing fee and all shipping costs incurred by the Authorized Servicer. No repair or replacement of any Product or part thereof will extend the applicable warranty period for the entire Product. The specific warranty for any repair will extend for a period of thirty (30) days following the repair or the remaining warranty period for the Product, whichever is longer.

2. EXCLUSIVE REMEDY; ACCEPTANCE:

Purchaser's exclusive remedy and TEI's sole obligation under this warranty is to supply (or pay for) all labor necessary to repair any Product found to be defective in material or workmanship within the warranty period and to supply, at no extra charge, new or rebuilt replacements for defective parts. If repair or replacement fails to remedy the problem, then and only in such event will TEI refund to Purchaser the purchase price for the Product. Purchaser's failure to make a claim as provided herein or continued use of the Product will constitute an unqualified acceptance of the Product and a waiver by Purchaser of all warranty claims with respect thereto.

3. EXCEPTIONS TO LIMITED WARRANTY:

In addition to the specific exceptions to warranty coverage noted herein, TEI has no liability or obligation to Purchaser under this warranty with respect to any Product which is subjected to any of the following: abuse, improper use, negligence, accident, modification, failure of the end-user to follow the operating procedures outlined in the user manual for the Product, failure of the end-user to follow the maintenance procedures in the service manual for the Product where a schedule is specified for regular replacement or maintenance or cleaning of certain parts (based on usage) and the end-user has failed to follow such schedule; attempted repair by non-qualified personnel; operation of the Product outside of the published environmental and electrical parameters, or if the Product's original identification (trademark, serial number) markings have been defaced, altered, or removed. TEI expressly excludes from warranty coverage Products sold by TEI "AS IS" and/or "WITH ALL FAULTS" and consumable items such as fuses and batteries. All software and accompanying documentation furnished with, or as part of the Product is furnished AS IS and without any warranty of any kind, except as expressly provided in any documentation or license agreement furnished with the Product.

4. AVOIDING DATA LOSS:

Purchaser is solely responsible for maintaining any backup which may be necessary to replace any data stored in the Product and which could be lost or damaged from any cause.

5. PROOF OF PURCHASE:

Purchaser's dated bill of sale for the Product must be retained as evidence of the date of purchase and to establish warranty eligibility.

6. PRODUCT REGISTRATION:

Registration of the Product or of this warranty is voluntary and Purchaser's failure to register will not diminish any rights available hereunder.

DISCLAIMER OF WARRANTY

EXCEPT FOR THE FOREGOING WARRANTY, TEI HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES FOR PARTS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER IMPLIED WARRANTIES THAT MAY BE CLAIMED INCLUDING THOSE RELATED TO THIRD PARTY CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. TEI HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT PARTS MAY BE USED IN OR ARE COMPATIBLE WITH ANY NON-TOA PRODUCTS.

LIMITATION OF LIABILITY

THE LIABILITY OF TEI, IF ANY, AND PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER REGARDING THE PRODUCT, REGARDLESS OF THE LEGAL THEORY AND WHETHER ARISING IN TORT OR CONTRACT, WILL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. IN NO EVENT WILL TEI BE LIABLE TO PURCHASER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS OR FOR ANY OTHER REASON WHATSOEVER REGARDING THE PRODUCT.