DMS warrants that the products that it manufactures and sells will be free from defects in materials and workmanship for a period of ninety (90) days from the date of shipment. If this product proves defective during its warranty period, DMS, at its option, will either repair the defective product without charge for parts and labor, or provide a replacement in exchange for the defective product.
This warranty applies only to products returned to the designated DMS depot or the DMS authorized representative from which the product was originally purchased. For products returned to other locations, Customer will be assessed an applicable service charge. The preceding limitation shall not apply within the European Economic Area, where products may be returned for warranty service to the nearest designated service depot regardless of the place of purchase.
In order to obtain service under this warranty, Customer must provide the applicable office of DMS or its authorized representative with notice of the defect before the expiration of the warranty period and make suitable arrangements for the performance of service. Customer shall be responsible for packaging and shipping the defective product to the service center designated by DMS or its representative, with shipping charges prepaid. DMS or its representative shall pay for the return of the product to Customer. Customer shall be responsible for paying any associated taxes or duties.
This warranty shall not apply to any defect, failure or damage caused by improper use or improper or inadequate maintenance and care. DMS shall not be obligated to furnish service under this warranty:
a) to repair damage resulting from attempts by personnel other than DMS representatives to install, repair or service the product; b) to repair damage resulting from improper use or connection to incompatible equipment; c) to repair any damage or malfunction caused by the use of non-DMS supplies or consumables; d) to repair a product that has been modified or integrated with other products when the effect of such modification or integration increases the time or difficulty of servicing the product; or e) to repair damage or malfunction resulting from failure to perform user maintenance and cleaning at the frequency and as prescribed in the user manual (if applicable).
THE ABOVE WARRANTIES ARE GIVEN BY DMS WITH RESPECT TO THIS PRODUCT IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. DMS AND ITS VENDORS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DMS’ RESPONSIBILITY TO REPAIR OR REPLACE DEFECTIVE PRODUCTS IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO THE CUSTOMER FOR BREACH OF THIS WARRANTY. DMS AND ITS VENDORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IRRESPECTIVE OF WHETHER DMS OR THE VENDOR HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright DMS, Inc. All rights reserved. Licensed software products are owned by DMS or its suppliers and are protected by United States copyright laws and international treaty provisions. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights clause at FAR 52.227-19, as applicable. DMS products are covered by U.S. and foreign patents, issued and pending. Information in this publication supersedes that in all previously published material. Specifications and price change privileges reserved. DMS, Inc., 1501 Pomona Road, Corona, CA 92880-6959. Race Tech, is a registered trademark of Race Tech, Inc. ShockClock is a registered trademark of Delta Measurement Systems, Inc.