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Express 125/250 User Manual, v.3.1 351

Appendix I

Limited Warranty

Electronic Theatre Controls, Inc. (ETC™)

warrants to the original owner or retail

customer (Customer) that during the

warranty period ETC will repair or replace

its products that are defective in materials

or workmanship under normal use and

service, subject to the terms of this limited

warranty. The warranty period shall begin

on the date of delivery of a portable system

or on the date of energization of a

permanently installed system, and shall

continue for the following periods: (a) one

year, for all Irideon products, and (b) two

years, for all other ETC products. Warranty

is limited to (60) days from shipment for

purchase of demo or loaner products.

Warranty does not cover any product or

part of a product subject to accident,

negligence, alteration, abuse or misuse, or

any accessories or parts not supplied by

ETC. Warranty does not cover

“consumable” parts such as fuses, lamps,

color media or components warranted

directly to the owner by the original

manufacturer. ETC’s warranty does not

extend to items not manufactured by us.

Freight terms on warranty repairs are FOB

ETC factory or designated repair facility.

Collect shipments or freight allowances

will not be accepted.

ETC’s sole responsibility under this

warranty shall be to repair or replace at

ETC’s option such parts as shall be

determined to be defective on ETC’s

inspection. ETC will not assume any

responsibility for any labor expended or

materials used to repair any equipment

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 at ETC’s address within one

week of any suspected defect, and to

return the goods prepaid to ETC at their

factory or authorized service center.

THIS WARRANTY IS CONTINGENT ON

THE CUSTOMER’S FULL AND TIMELY

COMPLIANCE WITH THE TERMS OF

PAYMENT SET FORTH IN THE “TERMS

AND CONDITIONS.” THIS WARRANTY IS

EXPRESSLY IN LIEU OF ANY AND ALL

OTHER WARRANTIES EXPRESSED OR

IMPLIED, INCLUDING THE WARRANTIES

OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE AND OF

OTHER OBLIGATIONS AND LIABILITIES

ON OUR PART. THE CUSTOMER

ACKNOWLEDGES THAT NO OTHER

REPRESENTATIONS WERE MADE TO

HIM OR RELIED UPON BY HIM WITH

RESPECT TO THE QUALITY AND

FUNCTION OF THE GOODS SOLD.

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 agreement

even though either party has knowledge of

the performance and a chance to object.

Terms and Conditions

The following terms and conditions, and

those on the face hereof, shall control as to

any order accepted by Electronic Theatre

Controls, Inc. (ETC), notwithstanding any

terms and conditions that may be

contained in any purchase order or other

document of Customer, and ETC’s

acceptance of any order is expressly made

conditional on Customer’s assent to such

terms and conditions. Such terms and

conditions will constitute the entire

agreement between the parties as to any

order and will supersede any prior

understandings, agreements,

representations, or warranties. Such terms

and conditions will not be modified, added

to, superseded or otherwise altered except

by written document signed by an

authorized representative of ETC,

notwithstanding any terms and conditions

contained in the purchase order or other

document of Customer. ETC’s

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Electronic Theatre Controls Emphasis Lighting Control System Especificações Página 367

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