VersaCache™ CX8000

Limited Warranty Terms

Product Warranty. Cambex warrants that its VersaCache hardware ("Product") will be free from defects in materials and workmanship for a period of one (1) year after the date of shipment from Cambex. Cambex warrants that its related software products ("Software") will perform in substantial accordance with Cambex's published specifications for a period of three (3) months after the date of shipment from Cambex, but does not warrant that software products will be bug-free or error-free.

Remedies. As Customer's exclusive remedy and Cambex's sole liability for breach of the foregoing warranties, Cambex shall, at its option, either repair or replace the defective Product or Software, or, if Cambex is unable to accomplish repair or replacement after good-faith efforts, credit Customer's account with an amount equal to the price paid for the defective Product or Software.

Warranty Claims. All warranty claims will be subject to verification by Cambex and to the terms of Cambex's then-current repair service policy and procedures. Prior to returning any product, Cambex must first authorize and issue a Return Material Authorization (RMA) number. Any item returned without an RMA number is subject to refusal. Freight collect or COD returns will be refused. To receive an RMA number, contact Cambex support at [email protected]. Unless otherwise directed by Cambex, Product returned for warranty verification will be shipped prepaid and insured and shall be accompanied by a detailed description of the alleged defect. If the claimed defect or non-conformity is verified, Cambex will, at its expense, provide a remedy as stated above. If inspection by Cambex of the product(s) does not disclose any defect or non-conformance, any repairs made by Cambex will be subject to a reasonable charge for parts, labor, and transportation. All replaced parts shall become property of Cambex.

Exclusions. The above warranties do not cover and Cambex shall not be liable for any conditions attributable to (1) misuse, faulty installation, misapplication, normal wear and tear, extreme environmental conditions, lack of compliance with applicable instructions, inadequate or improper maintenance, negligence, accident, tampering, substitution of inferior quality component parts; or (2) the incompatibility, improper design, manufacture, installation, operation or maintenance of products, accessories, equipment or materials not supplied by Cambex. All batteries are specifically excluded from all warranty provisions.

Exclusive Warranties. The foregoing warranties are the only warranties made by Cambex to Customer (or any other party). Cambex may modify its warranty at any time. Warranties may be posted on the Cambex website. CAMBEX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING. No person, agent, or representative is authorized to give any additional warranty on behalf of Cambex.

Technical Advice. Any technical advice, recommendations, samples, lab tests, and/or demonstrations provided by Cambex (or its representatives) concerning the use, application, or compatibility of any products or materials are provided by Cambex solely for the purpose of assisting the Customer to evaluate, at its own risk, the suitability of Product and Software for the Customer's intended use. Cambex recommends that the Customer make its own tests to determine such suitability. No such advice, recommendations, samples, lab tests and/or demonstrations provided by Cambex shall be construed as an express or implied warranty.

Limitations and Disclaimers. The above remedies are the only remedies available to Customer (or any other party) for breach of warranty, breach of contract, or any other Cambex liabilities associated with the products and/or services furnished hereunder, including product liabilities based on negligence, failure to warn, or strict liability. UNDER NO CIRCUMSTANCES WILL CAMBEX HAVE ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, EVEN IF CAMBEX HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. In no case shall Cambex's liability exceed the amount of the purchase price of any defective Product or Software. In no case shall Cambex have any liability for Product or Software for which Cambex has not received payment when due. The exclusive remedies described above shall not be deemed to fail of their essential purpose so long as Cambex is willing and able to refund the purchase price for the defective or non-conforming portion of the provided Product and/or Software. No person, agent, or representative is authorized to give any other remedies on behalf of Cambex or to assume for Cambex any other liabilities in connection with this Agreement or any products sold by Cambex.