ETC 405TH Top Hat for 5º unit

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Warranty Coverage. ETC WILL ONLY BE OBLIGATED TO HONOR THE WARRANTY SET OUT BELOW UPON RECEIPT OF FULL PAYMENT OF THE ORDER. Electronic Theatre Controls, Inc. (“ETC”) warrants to the original owner or retail customer (“Customer”) that during the warranty period defined below, ETC will repair or replace its Products that are defective in materials or workmanship which cause the Product to fail to operate in accordance with ETC’s published specifications for the Product in effect as of the date of shipment, subject to the terms of this limited warranty. The warranty period of box Products shall begin on the date of shipment (“Warranty Start Date”), except the Warranty State Date shall begin on the date of energization for Orders which include energization performed by ETC or an authorized service provider acting on ETC’s behalf. If no energization date is recorded, however, the Warranty State Date shall begin on the date of shipment. The controlling warranty, terms and conditions, and product warranty periods is available at the time of order acknowledgment, either by hard copy or by the PDF document found via the internet link listed on the order acknowledgment as of the date of the order acknowledgment. If ETC shall fail to repair or replace defective Products within a reasonable time after they are returned to ETC, or if ETC shall wrongfully fail to make delivery or shall wrongfully repudiate this contract, then Customer shall be entitled to recover from ETC such part of the purchase price as has been paid by Customer to ETC. The remedy stated in the preceding sentence shall be Customer’s exclusive remedy for any breach, non-delivery, or repudiation by ETC or for any other liability of ETC to Customer. This exclusive remedy shall not be deemed to have failed its essential purpose so long as ETC is willing and able to repair or replace defective Products in the prescribed manner. Warranty Exclusions. This Warranty does not impose any liability or duty upon ETC for: (i) any Product or part of a Product damaged by or subject to accident, negligence, alteration, abuse or misuse by Customer, or any accessories or parts not supplied by ETC; (ii) any damage caused by the unauthorized adjustment, repair or service of the Products by anyone other than ETC or its authorized repair agents; (iii) any damage, to any Product, or part of a Product caused by or due to an act of God, any catastrophe resulting from earthquake, fire, flood, explosion, inability to obtain materials or utilities, or any other cause beyond the reasonable control of ETC. This warranty also does not cover “consumable” parts such as fuses, lamps, color media or components which may be warranted directly to the Customer by the original manufacturer. This Warranty does not extend to items not manufactured by ETC. Freight terms on warranty repairs are FOB ETC factory or designated repair facility. Collect shipments or freight allowances will not be accepted. ELECTRONIC THEATRE CONTROLS, INC.’S STANDARD TERMS AND CONDITIONS OF SALE AND WARRANTY Rev. 6/25/2019 Page 3 of 3 ETC’s sole responsibility under this Warranty shall be to repair or replace at ETC’s option such Products or parts of Products as shall be determined to be defective on ETC’s inspection. ETC, at its option, may perform on-site warranty repairs. If ETC chooses to replace the Product and is not able to do so because it has been discontinued or is not available, ETC may replace it with a comparable product. ETC reserves the right to use new, re-worked, repaired, or refurbished parts in the repair or replacement of any Product covered by this Warranty. ETC will not assume any responsibility for any labor expended or materials used to repair any Products without ETC’s prior written authorization. ETC SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, GENERAL OR CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, TIME, PROFITS OR INCOME, OR ANY OTHER DAMAGES. The Customer’s obligations during the warranty period under this Warranty are to notify ETC within one week of any suspected defect and to return the Products prepaid to ETC at ETC’s factory or authorized service center. The one week notice period does not apply to claims for shortage or damaged Products. This written Warranty is intended as a complete and exclusive statement of the terms thereof. Prior dealings or trade usage shall not be relevant to modify, explain or vary this Warranty. Acceptance of, or acquiescing in, a course of performance under this Warranty shall not modify the meaning of this Warranty even though either party has knowledge of the performance and a chance to object. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, EXCEPT AS PROVIDED HEREIN, ETC UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCT OR THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH CUSTOMER MAY BE BUYING THE PRODUCT. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY ETC, IT’S AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. United States, Latin American, and Canadian Dealers: ETC Products forwarded outside of the United States, Latin America and/or Canada will only be covered by the Warranty Statement applicable to the region in question, and therefore this Warranty may or may not apply. Please contact ETC for the applicable warranty statement.