A. General

Buyer assumes all responsibility for ascertaining the suitability of Sierra Video Systems (hereinafter "SVS") products for Buyer's intended use.  No product sold by SVS is designed or manufactured for use in any manner or under any conditions other than those described in SVS's instruction manuals and other printed material for each particular product.  If any product is used or applied in a manner or under conditions not specifically authorized by such written materials or if any product is used by unqualified or improperly trained personnel, Buyer agrees that SVS shall have no liability of any kind arising from such use, and Buyer agrees to indemnify and hold SVS harmless from any claims of third parties arising from such use, and Buyer shall provide SVS with counsel of SVS's choice to defend against such claims.

B. Limited Warranty

1. This warranty applies only to the original purchaser and is non-transferable.  This warranty begins on the date of purchase and will be in effect for seven (7) years for new equipment or and for three (3) years for "Factory Refurbished" equipment.  Buyer must obtain a Return Material Authorization ("RMA") number from SVS prior to returning a product for repair.  If, in SVS' sole discretion, the product is found to be defective during the term of this warranty, SVS will at its option: (a) provide free replacement parts, and/or (b) repair the unit at an SVS facility.  During the warranty period, SVS will make every reasonable effort to support critical emergencies by supplying no-cost loan equipment while the defective unit is being repaired.  SVS will provide replacement parts and/or factory service at no charge.  Buyer bears the cost of shipping products returned to SVS under this warranty.  SVS will bear the cost of shipping repaired products or replacement parts to the Buyer.
2. Specifically for equipment designated as "openGear", this warranty begins on the date of purchase and will be in effect for five (5) years on new equipment, with an exception on power supplies and cooling fans which carry a one (1) year warranty.
3. This limited warranty shall not apply to any of SVS's goods which have been altered or which shall have been subjected to misuse, mishandling, improper storage or negligence.  The aforementioned provisions do not extend the original warranty period of any goods which have been replaced by SVS.  This limited warranty shall not apply to any goods not of SVS's manufacture, Buyer to be entitled only to the warranty set forth in the original manufacturer's limited warranty. 

THIS LIMITED WARRANTY IS EXPRESSED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON SVS'S PART.

SVS neither assumes nor authorizes any other person to assume for SVS any other liabilities in connection with the sale of products of its own manufacture.

2. SVS's liability hereunder on any claim of any kind, except as set forth herein for any loss, injury to person or property or damage, shall in no case exceed the price allocable to the goods which give rise to such claim.

3. In no event shall SVS be liable for any damages or injuries to person or property     if any goods do not meet the above limited warranty, including, without limitation, incidental expenses or consequential or special damages, except as set forth in such limited warranty. The foregoing states the exclusive remedy of Buyer and the exclusive liability of SVS for any breach of the foregoing limited warranty.

C. Cancellation

Except as provided in paragraph B immediately above, all sales are final, and Buyer may cancel this order or return products only upon written consent of SVS.

D. General

1. In the event of a breach of any of the terms hereof, the non-breaching party shall be entitled to recover all of its costs, fees, and expenses, including, without limitation, reasonable attorney's fees, from the breach party incurred as a result of such breach, regardless of whether or not a suit is actually filed to enforce the terms hereof.

2. The provision hereof shall be governed by the laws of the State of California (excluding its choice of law provisions).

3. The headings are for convenience only and do not limit or amplify the terms and provisions hereof.

4. In case any one or more of the provisions set forth herein shall be held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

5. No waiver, alteration, or modification of any of the provisions hereof shall be binding unless in writing and signed by an authorized Officer of SVS.

NOTE:

All products returned to SVS for service must have prior approval. Return authorization requests may be obtained from your SVS dealer.