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1!titation Of Remedy And Warr <br />For The EMS 2000/3000 % <br />A. WARRANTY - Tidel Engineering, Inc. warrants <br />that, should our Petroleum Products (EMS Family), <br />with the exception of the printer, prove defective by <br />reason of improper workmanship or materials, Tidel <br />Engineering, Inc. will repair or replace, at Tidel's <br />option, all necessary electrical, electronic and <br />mechancial parts without charge for parts or labor, for <br />one (1) year after the original installation of the <br />system. Tidel Engineering, Inc. will repair or replace, <br />at Tidel's option, the printer without charge for parts <br />or labor, for ninety (90) days after the original <br />installation of the system. After the expiration of the <br />forementioned warranty periods, labor will be <br />provided at Tidel's then current rate for such services. <br />In no event, shall the warranties given hereunder, <br />extend for more than two (2) years after the date the <br />Petroleum Product has been shipped from Tidel's <br />factory. <br />B. REGISTRATION - The enclosed registration <br />card must be mailed to Tidel Engineering, Inc. <br />(Address: Tidel Engineering, Inc.; 2615 East Belt <br />Line Road; Carrollton, Texas 75006) within ten (10) <br />days after the date of the original installation of the <br />system. If the enclosed registration card is not on file <br />at Tidel, the installation date will be assumed to be <br />thirty (30) days after the shipping date from Tidel's <br />factory. <br />C. INSPECTION - You shall inspect the product <br />promptly after receipt and shall notify Tidel at our <br />Carrollton, Texas office in writing of any claims, <br />including claims of breach of warranty, within thirty <br />(30) days after you discover or should have <br />discovered the facts upon which the claim is based. <br />Your failure to give written notice of a claim within <br />the time period shall be deemed to be a waiver of <br />such claim. <br />D. LIMITATION OF REMEDY AND <br />WARRANTY -The provisions of Paragraph A <br />are our sole obligation and exclude all other remedies <br />and warranties, express or implied, including <br />warranties of MERCHANTABILITY and FITNESS <br />FOR A PARTICULAR PURPOSE, whether or not <br />W <br />purposes or specifications are described herein. We <br />further disclaim any responsibility whatsoever to you <br />or to any other person for injury to person or damage <br />to or loss of property or value caused by any product <br />which has been subjected to misuse, negligence, or <br />accident; misapplied; or used in violation of product <br />manuals, instructions or warnings; or modified or <br />repaired by unauthorized persons; or improperly <br />installed. The Petroleum Product, or any of its <br />electrical or mechanical parts, must not have been <br />installed or previously altered, repaired or serviced by <br />anyone other than a service representative certified by <br />Tidel or its authorized representative. The serial <br />number on the console must not have been previously <br />altered or removed. <br />E. LIMITATION OF DAMAGES - Under no <br />circumstances shall we be liable for any incidental, <br />consequential or special damages, losses or expenses <br />arising from this contract or its performance or in <br />connection with the use of, or inability to use, this <br />product for any purpose whatsoever. <br />F. LIMITATION OF ACTIONS - No action <br />regardless of form arising out of this contract may be <br />0 <br />commenced more than one (1) year after the cause of <br />action has accrued, except an action for non-payment. <br />G. COLLATERAL PROMISES - There are not <br />representations, warranties, or conditions express or <br />implied, statutory or otherwise except those herein <br />contained, and no agreements or waivers collateral <br />hereto shall be binding on either party unless in <br />writing and signed by you and accepted by Tidel at <br />our Carrollton, Texas office. <br />For the name of your nearest authorized Tidel <br />Engineering, Inc. service facility, contact: <br />1-214-416-8222. National Wats: 1-800-678-7577. <br />_IR <br />