1.LIMITE D WA RR ANT Y...............................................................................................................................................4
2.RECORD OF CHANGES.............................................................................................................................................6
hereby warrants that: (a) each product, 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 da te of the original sal e by E XI of t he Product; a nd
(b) each Transponder accompanying this warranty will be free of defects and workma nship for a period
(the “Transponder Warranty Period”) 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.
Notification:
2.
or Transponder, as the case may be, discovers a defect in materials or workmanship of a Product within
the Product Warranty Period, or a Tra nsponder 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.
Repair or Replacement:
3.
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 o f months
remaining in the applicable Transponder Warranty Period; and (ii ) the a mount o f the then monthly
credit available from EXI for the applicable 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.
Subject to the limiting conditions set forth below, EXI Wireless Systems Inc. (“EXI”)
If the original or any subsequent purchaser (collectively, the “Purchaser”) of the Product
Subject to §4, upon acceptance by EXI of responsibility for the defect, EXI
Exclusion:
4.
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 Prod uct or Transponder,
as the case may be, withi n 30 days after the date of the original purchase from EXI of the same, or t he
Product or Transponder, as t he case may be, or any part thereof: (a) i s damaged by misuse, accident,
negligence, lightning, power surge, brown-out, or leaking, damaged or inoperative batteries, or failure to
mai ntain the Product or Transponder as spe cified or required by EXI; (b) is dama ged by modifications,
alterations or attac hments thereto whic h are not a uthorized by EXI; (c) is installed, oper ated or repaired
contrar y to the instructions of EXI; (d) is opened, modified or dis assembled in a ny w ay w it hout EXI’s
consent; or (d) is used in combination with items, articles or materials not authorized by EXI.
Limitation:
5.
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. Specifically, 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 suc h damage; (b) any loss or da mage to any propert y 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 arisi ng from or as a result of, misuse, abuse or
incorrect installation, integration or operation of t he Product or Transponder, as appl ica ble, by per sons
not authorized by EXI; or (d) any defect in any batteries added to or used in conjunction with the
Product or Transponder.
Product Limitation:
6.
not, nor can they be, guaranteed to prevent wandering patients, infant abductions, theft or any other
event for whic h 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 fore going limitations concerning the Products and Transponders, including EXI’s
The warranty referred to in §1 is the sole warranty made by EXI with respect to its Products
EXI will only be liable to the Purchaser for direct damages suffered by the Purchaser up to
The Purchaser (a) acknowledges that (i) the Products and the Transponders are
EXI Wireless Systems4 October 2001
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