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Limited Warranty
General Terms This Statement of Limited Warranty includes Warranty Information and the terms of Warranty replacement or repair. The warranties provided by Hector Engineering Co., Inc. in this Limited Warranty apply only to a Machine you purchase for your use, and not for resale. The term “Machine” means a Torrent™ E-Rack™ manufactured by Hector Engineering Co., Inc., including its options, features, conversions, upgrades, or peripheral products or any combination of them, but only if they were manufactured by Hector Engineering Co., Inc. The term “Machine” does not include any computer or computer peripheral used with the Machine and also does not include any software programs, whether pre-loaded with the Machine, installed subsequently, or otherwise. Throughout this Limited Warranty, the terms “you” or “your” refer to the original purchaser of the Machine and the terms “we” or “us” refer to Hector Engineering Co., Inc. Nothing in this Statement of Limited Warranty affects any statutory rights of consumers that cannot be waived or limited by contract.
What this Warranty Covers Hector Engineering Co., Inc., warrants that each Machine is free from defects in materials and workmanship for a period of one year from date of installation (the “Warranty Period”). Hector Engineering
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE 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. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
What this Warranty Does Not Cover This warranty does not cover the following: 1. any software programs, whether pre-loaded or shipped with the Machine, or installed subsequently; 2. failure resulting from misuse, accident, modification, unsuitable physical or operating environment, or improper maintenance by you; 3. failure caused by a product for which Hector Engineering Co., Inc. is not responsible; and 4. any non-Hector Engineering Co., Inc. products, including those that Hector Engineering Co., Inc. may procure and provide with or integrate into a Hector Engineering Co., Inc. Machine at your request. The warranty is voided by removal or alteration of identification labels on the Machine or its parts. Hector Engineering Co., Inc., does not warrant uninterrupted or error-free operation of a Machine. Any technical or other support provided for a Machine under warranty, such as assistance with “how-to” questions and those regarding Machine set-up and installation, is provided WITHOUT WARRANTIES OF ANY KIND.
How to Obtain Warranty Service Warranty service will be provided by Hector Engineering Co., Inc. Warranty service may be obtained by contacting Hector Engineering Co., Inc.,
Limited Warranty (Continued)
What Hector Engineering Co., Inc., Will Do to Correct Problems When you contact Hector Engineering Co., Inc., for service, you must follow the problem determination and resolution procedures that we specify. An initial diagnosis of your problem can be made either by a technician over the telephone or electronically by access to a support website. You are responsible for downloading and installing designated software updates from a support web site or from other electronic media, and following the instructions that Hector Engineering Co., Inc., provides. Software updates may include basic input/output system code (called “BIOS”), utility programs, device drivers, and other software updates. If your problem can be resolved with a Customer Replaceable Unit (“CRU”), Hector Engineering Co., Inc.., will ship the CRU to you for you to install. If the Machine does not function as warranted during the Warranty Period and your problem cannot be resolved over the telephone or electronically, through your application of software updates, or with a CRU, you must return the machine to Hector Engineering Co., Inc., for repair. Hector Engineering Co., Inc., at its discretion, will either: 1) repair the Machine to make it function as warranted, or 2) replace the Machine with one that is at least functionally equivalent. If Hector Engineering Co., Inc., is unable to do either, you may return the Machine to Hector Engineering Co., Inc., and request a refund. As part of the warranty service, Hector Engineering Co., Inc., may also install selected engineering changes that apply to the Machine. Hector Engineering Co., Inc., at its sole discretion, may elect to use one or more of its authorized service providers or authorized agents to perform any work covered by this Limited Warranty.
Exchange of a Machine or Part When the warranty service involves the exchange of a Machine or part, the item Hector Engineering Co., Inc., replaces becomes Hector Engineering Co., Inc.’s property and the replacement becomes your property. You represent that all removed items are genuine and unaltered. The replacement may not be new, but will be in good working order and at least functionally equivalent to the item replaced. The replacement item assumes the warranty service status of the item it replaces.
Your Additional Responsibilities Before Hector Engineering Co., Inc., exchanges a Machine or part, you agree to remove all features, parts, options, alterations, and attachments not under warranty service. You also agree to: 1. ensure that the Machine is free of any legal obligations or restrictions that prevent its exchange; 2. obtain authorization from the Machine’s owner to have Hector Engineering Co., Inc., service a Machine that you do not own; 3. where applicable, before service is provided: (a) follow the service request procedures that Hector Engineering Co., Inc., provides; (b) backup or secure all programs and data contained in the Machine; and; (c) provide Hector Engineering Co., Inc., or its authorized agent, with sufficient, free, and safe access to your facilities to permit Hector Engineering Co., Inc. to fulfill its obligations; and 4. with regard to information about individuals: (a) ensure all information about identified or identifiable individuals (“Personal Data”) is deleted from the Machine (to the extent technically possible); (b) allow Hector Engineering Co., Inc., or its authorized agent, to process on your behalf any remaining Personal Data as Hector Engineering Co., Inc., or its authorized agent, considers necessary to fulfill its obligations under this Limited Warranty (which may include shipping the Machine for such processing to other service locations around the world); and (c) ensure that such processing complies with all laws applicable to such Personal Data.
Limitation of Liability for Machine in Transit Hector Engineering Co., Inc., is responsible for loss of, or damage to, your Machine while it is in transit only in those cases where Hector Engineering Co., Inc., is responsible for the transportation charges. Hector Engineering Co., Inc., is not responsible for any of your confidential, proprietary, or personal information contained in a Machine which you return for any reason. You should remove all such information from the Machine prior to its return.
Limited Warranty (Continued)
Circumstances may arise where, because of a default on Hector Engineering Co., Inc.'s part or other liability, you are entitled to recover damages from Hector Engineering Co., Inc. In each such instance, regardless of the basis on which you are entitled to claim damages from Hector Engineering Co., Inc. (including, but not limited to, material breach, negligence, misrepresentation, or any other contract or tort claim), except for any liability that cannot be waived or limited by applicable laws, Hector Engineering Co., Inc., its suppliers, resellers, agents, and service providers, collectively, are liable for no more than the purchase price you paid for the Machine.
UNDER NO CIRCUMSTANCES IS HECTOR ENGINEERING CO., INC., ITS SUPPLIERS, RESELLERS, AGENTS, OR SERVICE PROVIDERS LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, EXPECTANCY,OR INDIRECT DAMAGES; OR 4) LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law Both you and Hector Engineering Co., Inc., consent to the application of the laws of the State of Indiana, without regard to its conflict of law principles, to govern, interpret, and enforce all of your and Hector Engineering Co., Inc.'s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Limited Warranty..
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
Jurisdiction The jurisdiction for any action, dispute, or controversy related to or arising out of this Limited Warranty or the Machine shall be in the courts of |