User's Manual

LIMITED WARRANTY
Giga-Tms warrants that the products sold pursuant to this Agreement will perform in accordance
with Giga-Tms’s published specifications. This warranty shall be provided only for a period of one
year from the date of the shipment of the product from Giga-Tms (the “Warranty Period”). This
warranty shall apply only to the “Buyer” (the original purchaser, unless that entity resells the product
as authorized by Giga-Tms, in which event this warranty shall apply only to the first re-purchaser).
During the Warranty Period, should this product fail to conform to Giga-Tms’s specifications, Giga-
Tms will, at its option, repair or replace this product at no additional charge except as set forth
below. Repair parts and replacement products will be furnished on an exchange basis and will be
either reconditioned or new. All replaced parts and products become the property of Giga-Tms. This
limited warranty does not include service to repair damage to the product resulting from accident,
disaster, unreasonable use, misuse, abuse, negligence, or modification of the product not
authorized by Giga-Tms. Giga-Tms reserves the right to examine the alleged defective goods to
determine whether the warranty is applicable.
Without limiting the generality of the foregoing, Giga-Tms specifically disclaims any liability or
warranty for goods resold in other than Giga-Tms’s original packages, and for goods modified,
altered, or treated without authorization by Giga-Tms.
Service may be obtained by delivering the product during the warranty period to Giga-Tms (8F No.
31 Lane 169, Kang Ning Street, Hsi Chih Dist New Taipei City, Taiwan). If this product is delivered
by mail or by an equivalent shipping carrier, the customer agrees to insure the product or assume
the risk of loss or damage in transit, to prepay shipping charges to the warranty service location,
and to use the original shipping container or equivalent. Giga-Tms will return the product, prepaid,
via a three (3) day shipping service. A Return Material Authorization (“RMA”) number must
accompany all returns. Buyers may obtain an RMA number by contacting with
[e-mail]
EACH BUYER UNDERSTANDS THAT THIS GIGA-TMS PRODUCT IS OFFERED AS IS. GIGA-
TMS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND GIGA-TMS DISCLAIMS
ANY WARRANTY OF ANY OTHER KIND, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IF THIS PRODUCT DOES NOT CONFORM TO GIGA-TMS’S SPECIFICATIONS, THE SOLE
REMEDY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. GIGA-TMS’S
LIABILITY, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO GIGA-TMS
UNDER THIS AGREEMENT. IN NO EVENT WILL GIGA-TMS BE LIABLE TO THE BUYER FOR
ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE,
SUCH PRODUCT, EVEN IF GIGA-TMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
LIMITATION ON LIABILITY
EXCEPT AS PROVIDED IN THE SECTIONS RELATING TO GIGA-TMS’S LIMITED WARRANTY,
GIGA-TMS’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE CONTRACT PRICE OF
THIS PRODUCT.
GIGA-TMS MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCT,
EXPRESSED OR IMPLIED, EXCEPT AS MAY BE STATED IN THIS AGREEMENT, AND GIGA-
TMS DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GIGA-TMS SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES TO PERSONS OR PROPERTY. GIGA-TMS FURTHER LIMITS ITS LIABILITY OF ANY
KIND WITH RESPECT TO THE PRODUCT, INCLUDING ANY NEGLIGENCE ON ITS PART, TO
THE CONTRACT PRICE FOR THE GOODS.
GIGA-TMS’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDIES ARE STATED IN THIS
SECTION AND IN THE SECTION RELATING TO GIGA-TMS’S LIMITED WARRANTY.