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
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.