Microcom’s products, excluding thermal print heads and cutters, which are warranted separately below, are warranted against defects in material and workmanship for twelve (12) months from the date of original shipment by Microcom. This warranty does not cover normal wear and tear and shall be null and void with respect to any product that is modified, improperly handled, stored, installed or used, damaged by accident or neglect, or in the event any product or parts thereof is/are improperly installed or replaced by the customer or user.
Microcom warrants (a) the thermal print head against defects in material and workmanship for three (3) months from the date of original shipment by Microcom or 500,000 linear inches, whichever first occurs (the length of media run through the printer may be verified using the printer’s internal statistical counter); and (b) the cutter against defects in material and workmanship for three (3) months from the date of original shipment by Microcom or 500,000 cuts, whichever first occurs, so long as used only with stock approved by Microcom. Although the customer or user is not required to purchase Microcom brand supplies, to the extent it is determined that the use of other supplies (e.g., nonapproved label stock, ribbons or cleaning solutions) shall have caused any defects in the thermal print head or cutter for which a warranty claim has been made, the customer and/or user shall be responsible for Microcom’s customary charges for labor and materials to repair such defect. The user and/or customer is responsible for shipping charges when returning products to Microcom for repair or defect determination. Goods that are determined to be warranty repairs will be returned to user at Microcom’s expense (continental US only) using the most cost-effective means.
MICROCOM’S SOLE LIABILITY AND OBLIGATION UNDER THE FOREGOING WARRANTY SHALL BE TO FURNISH PARTS AND LABOR FOR THE REPAIR OR REPLACEMENT OF PRODUCTS FOUND TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP DURING THE APPLICABLE WARRANTY PERIOD SUBJECT TO THE FOREGOING WARRANTY LIMITATIONS AND EXCLUSIONS.
EXCEPT FOR THE FOREGOING WARRANTY, MICROCOM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS OR PARTS THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE STATED WARRANTY AND REMEDIES ARE IN LIEU OF ALL OTHER WARRANTIES, CLAIMS, OBLIGATIONS, LIABILITIES, DAMAGES OR REMEDIES WITH RESPECT TO THE PRODUCTS OR PARTS THEREOF, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, OR PERFORMANCE OF THE PRODUCTS, WHICH MICROCOM HEREBY DISCLAIMS, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, DIMINUTION OF GOODWILL OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. IN ADDITION, MICROCOM’S LIABILITY FOR WARRANTY CLAIMS SHALL NOT, IN ANY EVENT, EXCEED THE INVOICE PRICE OF THE PRODUCT(S) CLAIMED TO BE DEFECTIVE, NOR SHALL MICROCOM BE LIABLE FOR DELAYS IN REPLACEMENT OR REPAIR OF PRODUCTS.