Remote Infrastructure Management RIM-600 User Manual

RIM-600 Manual
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YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY
ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING
BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING
ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO
USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN
EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE
THE EXPRESS TERMS OF THIS LIMITED WARRANTY.
EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE THE SOLE WARRANTY
OR WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING: THE
WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT AND/OR ANY WARRANTY ARISING
FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
It must be clear that the Warrantors are not insuring your premises or business or guaranteeing that there will not be damage to
your person or property or business if you use this Product. You should maintain insurance coverage sufficient to provide com
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pensation for any loss, damage, or expense that may arise in connection with the use of products or services, even if caused by
Warrantors’ negligence. The warrantors assume no liability for installation of the Product and/or interruptions of the service due
to strikes, riots, floods, fire, and/or any cause beyond Seller’s control, further subject to the limitations expressed in any License
Agreement or other Agreement provided by Warrantors to purchaser.
The agreement between the Warrantors and the Purchaser, including but not limited to the terms and conditions herein shall not
be governed by the Convention for the International Sale of Goods. Where applicable, the Uniform Commercial Code as adopted
by the State of Delaware
shall apply.
4. RETURNS AND REPAIRS: No products or part thereof shall be returned to CPI unless the customer first obtains a Customer
Return Authorization (CRA) number from a CPI customer service representative. This number must appear clearly and promi
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nently on all shipping containers. Containers without the labels will not be accepted.
Products returned for warranty repair shall be shipped prepaid to CPI. Said products are subject to handling charges if no defects
are found during inspection. All products returned to CPI shall be packaged to prevent damage during shipment. Any damage
that occurs during shipment is the responsibility of the customer and the shipping company. CPI will send back repaired products
freight prepaid.
If CPI finds that products returned for repair, whether in or out of warranty, have failed due to misuse or negligence or have com
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ponents removed, CPI will repair the product in accordance with “out-of-warranty” charges. If CPI finds products, in or out of
warranty, to be damaged beyond repair, the customer can choose to have the product sent back “as is” or scrapped by CPI.
5. LEGAL REMEDIES AND DISCLAIMER: Some jurisdictions may not allow, or may place limits upon, the exclusion and/or
limitation of implied warranties, incidental damages and/or consequential damages for some types of goods or products sold to
consumers and/or the use of indemnification terms. Thus, the exclusions, indemnification terms and limitations set out above
may not apply, or may be limited in their application, to you. If the implied warranties can not be excluded, and the applicable law
permits limiting the duration of implied warranties, then the implied warranties herein are to be limited to the same duration as
the applicable written warranty or warranties herein. The warranty or warranties herein may give you specific legal rights that will
depend upon the applicable law. You may also have other legal rights depending upon the law in your jurisdiction.
6. CHOICE OF FORUM AND CHOICE OF LAW
: In the event that a dispute arises out of or in connection with this Limited
Warranty, then any claims or suits of any kind concerning such disputes shall only and exclusively be brought in either the
Court
of Los Angeles County, California
or the United States District Court in Los Angeles, California.
Regardless of the place of contracting or performance, this Limited Warranty and all questions relating to its validity, interpretation,
performance and enforcement shall be governed by and construed in accordance with the laws of the State of Delaware, without
regard to the principles of conflicts of law.
Effective date 01/10/2006
Chatsworth Products, Inc.
701 Industrial Drive
New Bern, NC 28562
800-834-4969
Fax: [phone]