EMX Industries, LLC dba EMX Industries, Inc. and its subsidiaries and affiliates (collectively, “EMX”) warrants to the original purchaser (“you”, “your” or “Purchaser”) that its products (“Products”) are free from material defects in material and workmanship for a period of two (2) years from the date of manufacture of the Products (evidenced by EMX’s product manufacture date code) (the “Limited Warranty Period”). Your sole and exclusive remedy and EMX’s sole obligation for any Products that are nonconforming when delivered to you, or are found to be defective during the Limited Warranty Period, will be, in EMX’s sole discretion, to replace the nonconforming or defective Product or provide you with a credit equal to the purchase price of the nonconforming or defective Product. This warranty does not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced Products. Except as provided under Section 3 of EMX’s Terms and Conditions of Sale (which can be found at https://www.emxaccesscontrolsensors.com/terms) (the “Terms”), which Terms are incorporated herein by reference, all sales of Products to Purchaser are made on a one-way basis and Purchaser has no right to return Products to EMX. This warranty extends only to the original Purchaser and is not transferable under any circumstances. If the Products are gifted or resold, all warranty claims must be resolved through the original Purchaser. EMX will not handle claims from end-users directly.
- You must notify EMX in writing within the Limited Warranty Period if you discover that a Product is nonconforming or defective, and you must also contact EMX technical support staff at 216-518-9889 and provide a description of the nonconformity or defect together with written evidence or other documentation as required by EMX. If EMX determines that the Product is nonconforming or defective and the claim is made within the Limited Warranty Period, EMX will instruct you to either dispose of or return the nonconforming or defective Product to EMX together with the EMX RMA number. No Product returns will be accepted without an EMX approved RMA number. Returned Products must be sent to EMX’s designated facility at Purchaser’s expense and risk of loss. If EMX exercises its option to replace nonconforming or defective Products, EMX shall, after receiving Purchaser’s shipment of such returned nonconforming or defective Products, deliver the replacement Products in accordance with Section 4 of the Terms.
- This limited warranty does not cover and EMX will have no obligation to replace any Product if (i) Purchaser or any end-user makes any further use of such Products after giving notice that such Product is nonconforming or defective, (ii) replacement is required as a result of normal wear and tear, or causes external to the Product, (ii) the Product has been altered other than by an authorized EMX representative, (iii) the Product has not been properly installed, handled, used, maintained, modified or adjusted; or (iii) the replacement is requested after the Limited Warranty Period has expired.
- EMX shall not be liable for a breach of the warranty set forth in paragraph a. unless: (i) Purchaser gives written notice of the defect, reasonably described, to EMX within five (5) days of the time when Purchaser or any end-user discovers or ought to have discovered the defect; (ii) EMX is given a reasonable opportunity after receiving the notice to examine such Products and Purchaser (if requested to do so by EMX) returns such Products to EMX’s place of business at Purchaser’s cost for the examination to take place there; and (iii) EMX reasonably verifies Purchaser’s claim that the Products are defective.
- EXCEPT FOR THE WARRANTY SET FORTH IN SUBPART (a) ABOVE, EMX MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH EMX HEREBY EXPRESSLY DISCLAIMS.
- EMX reserves the right to change, modify or improve the design of the Product without assuming any obligations or liabilities relating to any Product previously manufactured by EMX.
- Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products. Third Party Products are not covered by the warranty in subpart (a) above. For the avoidance of doubt, EMX MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY THIRD PARTY PRODUCT, WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH EMX HEREBY EXPRESSLY DISCLAIMS.]
EMX’s full Terms and Conditions of Sale can be found at https://www.emxaccesscontrolsensors.com/terms) and are incorporated herein by reference.