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Warranty Agreement
BRG Precision Products One Year Warranty
1. Term of Coverage
Coverage will be for 1 year. Claims must be made during the Warranty Period. This Agreement is not renewable.
The warranty becomes null and void if complete payment is not made within the terms specified under Terms of
Payment.
2. Warranty
BRG Precision Products, Inc. warrants the Product against defects in workmanship and materials during the
Coverage Period. BRG Precision Products, Inc. further warrants that DuraTime wireless products will not interfere with properly operating WLAN/WiFi products, or that properly operating WiFi, Bluetooth, or Wireless USB devices will not interfere with DuraTime wireless products.
3. Coverage
BRG Precision Products, Inc. will, at its option, repair or replace the defective Product free of charge, provided that you notify BRG Precision Products, Inc. of the Product defect within the Coverage Period, and provided that BRG
Precision Products, Inc. through inspection establishes the existence of such a defect and that it is covered by this
Agreement. BRG Precision Products, Inc. will, at its option, use new and/or reconditioned parts in performing warranty repair and building replacement products. BRG Precision Products, Inc. reserves the right to use parts or products of original or improved design in the repair or replacement. If BRG Precision Products, Inc. repairs or replaces a Product, the warranty continues for the remaining portion of the Coverage Period without extension. All replaced Products and all parts removed from repaired Products become the property of BRG Precision Products,
Inc. BRG Precision Products, Inc. covers both parts and labor necessary to repair the Product, and return shipment to the Customer via a BRG Precision Products, Inc.-selected non-expedited surface freight within the contiguous
United States and Canada. Alaska and Hawaii return shipments to the Customer are via non-expedited air freight.
4. What Is Not Covered
This Agreement does not cover costs related to the removal, installation, or field troubleshooting of the Product under the terms of the Agreement if, and not limited to: a) the Product has been misused, neglected, improperly installed, physically damaged or altered, either internally or externally, or damaged from improper use or use in an unsuitable environment; b) the Product has been subjected to fire, splashed water (unless specifically ordered to be water resistant), submersion into any liquid, generalized corrosion, biological infestations, or high input voltage including lighting strikes and generators operating outside the limits of their Product specifications; c) repairs have been done to it other than by BRG Precision Products, Inc. or its authorized service centers, or as assigned by BRG Precision Products; d) the Product is used as a component part of a Product expressly warranted by another manufacturer; e) the Product's original identification (trade-mark, serial number) markings have been defaced, altered, or removed; f) the customer has misrepresented the Product information provided to BRG Precision Products, Inc. in order to receive coverage under the terms of this Agreement. This Agreement does not warrant uninterrupted or error-free operation of the Product; g) Product malfunction or damage resulting from electromagnetic or solar radiation; h) Shipping charges to the factory more than 30 days after first receiving the product; i) Normal wear and tear relating to the non-operating functions of the equipment such as discoloration from direct sunlight, heat, etc.
5. Disclaimer and Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN THE EXPRESS WARRANTY SET
FORTH IN THIS AGREEMENT, BRG PRECISION PRODUCTS, INC. MAKES NO ADDITIONAL
WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES, WHETHER IN
FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY
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WARRANTIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN
DURATION TO THE WARRANTY PERIOD. NO WARRANTIES, EXPRESS OR IMPLIED, WILL APPLY
AFTER THIS PERIOD. IN NO EVENT WILL BRG PRECISION PRODUCTS, INC. BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES
HOWEVER ARISING WHETHER IN CONTRACT OR TORT INCLUDING WITHOUT RESTRICTION ANY
ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, ANY PERSONAL INJURY,
ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF MISUSE OR ABUSE, OR THE
INCORRECT INSTALLATION, INTEGRATION OR OPERATION OF THE PRODUCT. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BRG Precision Products, Inc. neither assumes nor authorizes any other person to assume for it any other liability in connection with the repair or replacement of the
Product.
6. Claim Limits
Claims are limited to repair or replacement, or if in BRG Precision Products, Inc.'s discretion that is not possible to reimbursement up to the purchase price paid for the Product. In no event will BRG Precision Products, Inc.'s liability under this Agreement exceed the purchase price paid for the Product.
7. Cancellation
You may cancel this Agreement by providing to BRG Precision Products, Inc. written notice of your wish to cancel.
8. Insurance
This Agreement is not a contract of insurance.
9. Amendment and Waiver
No amendment, supplement, consent or waiver, express or implied, to or of any provision of this Agreement will be effective unless in writing signed by the parties hereto and then only in the specific instance and for the specific purpose given.
10. Assignment
The Customer may assign or transfer this Agreement provided BRG Precision Products, Inc. is advised by the
Customer in writing of such assignment and the new system owner's information.
11. Governing Law
This Agreement will be governed by and interpreted exclusively in accordance with the laws of the State of Kansas, without reference to provisions concerning conflicts of laws. The provisions of the United Nations Convention on
Contracts for the Sale of Goods are hereby excluded.
12. Arbitration
Any controversy or claim arising out of or relating to this Agreement, or the breach of it, shall be settled by arbitration in accordance with the relevant rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Wichita, Kansas, United States of America. There shall be one arbitrator.
13. Severability
If any provision of this Agreement is found by any court or arbitrator to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected thereby.
14. Entire Agreement
This Agreement constitutes the entire contract between the parties concerning the subject matter of this Agreement and supersedes all marketing brochures and other expectations, understandings, communications, representations and agreements, whether verbal or written, between the parties. THIS AGREEMENT GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
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Once a return authorization number is obtained, ship the products to:
BRG Precision Products
Attn: RA# xxxxxxx (where xxxxxxx is the authorization number provided)
600 N. River
Derby, KS 67037
Optional Extended Warranty:
A two-year extended warranty is available. The extended warranty must me purchased before the end of the standard warranty. The two-year extended warranty costs 20% of the product purchase price.
30 Day Return Policy:
No returns will be accepted without prior written authorization of BRG. Incorrect merchandise received will receive prompt re-shipment of correct items. Incorrect merchandise, other than custom items, may be returned, shipped prepaid, and will be exchanged on an equivalent basis.
Merchandise, other than custom items, that cannot be used may be returned at a 25% restocking charge if items are shipped prepaid in the original boxes. Carrier is responsible for parts damaged in shipment. The customer should have driver sign for damaged carton on delivery receipt and make a claim with the freight company. Please insist that the carrier's representative conduct an inspection, and retain all packing materials for the inspector. Please report promptly for immediate follow-up on short shipments. No action arising from any sale by BRG may be brought by a customer more than one year after the date of shipment.
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Terms of Payment:
New accounts require prepayment. International orders require prepayment by Telegraphic Transfer (bank wire). For established customers, payment is due in full within 30 days from invoice date. Other payment methods include
Visa, Mastercard, American Express, Discover, Novus (Domestic Only). Add 4.75% for ground shipping in the
U.S. and Canada. Domestic shipping is prepaid for U.S. Government orders. Other shipping methods are available.
All past due accounts will be subject to a finance charge of 1.5% per month. BRG may cancel or delay future deliveries if customer fails to make prompt payment or if customer's financial condition warrant such action in
BRG's opinion. BRG is not responsible for delays. The customer will be contacted and given the choice of receiving a partial shipment or waiting for the full shipment. The firmware license may be suspended, limiting functionality of the equipment, if payment is not received within 90 days.
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Pricing:
BRG Precision Products reserves the right to change prices without prior notification. Prices do not include taxes and BRG reserves the right to arrange for insurance on all orders.
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The courts of Sedgwick County, Kansas will have exclusive jurisdiction and venue over any disputes arising from any sale by BRG and customer and Buyer consent to personal jurisdiction of the federal and state courts located in
Sedgwick County, Kansas. If legal action is brought by BRG for the collection of any amount owed or due to any other dispute, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs incurred. These items constitute the entire agreement between BRG and customer, regardless of any additional or conflicting terms on customer's purchase order or other documentation, which are objected to, or any prior discussions or usages of trade. All sales by BRG are made only on the terms and conditions contained herein.
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BRG Control Software License Agreement
BRG Control Software, © Copyright 2000, BRG Precision Products, Inc.
IMPORTANT!
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. YOUR OPENING OF THE SOFTWARE
PACKET WILL INDICATE YOUR ACCEPTANCE. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, YOU SHOULD PROMPTLY RETURN THE COMPLETE UNOPENED PACKAGE.
THE SOFTWARE, INCLUDING ITS CODE, DOCUMENTATION, APPEARANCE, STRUCTURE AND
ORGANIZATION, IS A PROPRIETARY PRODUCT OF BRG PRECISION PRODUCTS, INC. AND IS PROTECTED
BY COPYRIGHT AND OTHER LAWS. TITLE TO THE SOFTWARE, OR ANY COPY, MODIFICATION OR
MERGED PORTION OF THE SOFTWARE, SHALL AT ALL TIMES REMAIN WITH BRG PRECISION
PRODUCTS, INC.
License Agreement
BRG Precision Products, Inc. grants the purchaser a non-exclusive, nontransferable license to use the BRG Control Program (the
"Software”) on any number of computers owned and or operated by the purchaser. You may install the software onto the hard disks of computers, or make it accessible to any number of computers owned and/or operated by the purchaser on a network, and you may make a copy of the software disk(s) for backup purposes. These copies must include the BRG Precision Products, Inc. copyright notice.
The software, including its graphics displays are copyrighted. You may not: rent, distribute or transfer copies of the software or documentation to others outside your organization; modify, disassemble, decompile, or translate the software or documentation; make any copies of software modules for use with other programs; or use the software on terminals of a network, on a multi-user computer system not owned by the purchaser.
This license is effective until terminated. You may terminate it at any time by destroying all copies of the software. It will also terminate automatically if you fail to comply with any of the terms and conditions of the Agreement. Upon termination of this license for any reason, you agree to return or destroy all copies of the software.
This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreements, representations, or understandings, whether oral or written, relating to the Software.
This Agreement shall be governed by the laws of the State of Kansas.
Limited Warranty
BRG Precision Products, Inc. warrants that the original software disk(s) are free from physical defects in material and workmanship under normal use for a period of sixty days from the date of purchase. If during this warranty period you discover that the software disk(s) contains a physical defect, return the defective item along with proof of purchase to BRG Precision
Products, Inc. and you will receive a replacement at no charge. This is your sole and exclusive remedy for breach of warranty.
THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN,
EXPRESS OR IMPLIED. BRG PRECISION PRODUCTS, INC. MAKES NO WARRANTY OR REPRESENTATION,
EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SOFTWARE, ITS QUALITY, PERFORMANCE,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, THIS SOFTWARE IS SOLD "AS IS", AND YOU,
THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
IN NO EVENT SHALL BRG PRECISION PRODUCTS, INC. BE LIABLE FOR DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE OR FROM ANY
ERROR OR DEFECT IN THE SOFTWARE OR ITS DOCUMENTATION, SUCH DAMAGES INCLUDE, BUT ARE NOT
LIMITED TO, LOSS OF PROFIT, LOSS OF SOFTWARE OR DATA, AND DAMAGE TO YOUR MONITOR, IN NO
EVENT SHALL BRG PRECISION PRODUCTS, INC. LIABILITY EXCEED THE PRICE PAID FOR THE SOFTWARE.
The above exclusions may not apply to you. This warranty provides you with specific legal rights. There may be other rights that you may have which vary from state to state.
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BRG Firmware License Agreement
BRG Firmware, © Copyright 2000, BRG Precision Products, Inc.
THE FIRMWARE, INCLUDING ITS CODE, DOCUMENTATION, APPEARANCE, STRUCTURE AND
ORGANIZATION, IS A PROPRIETARY PRODUCT OF BRG PRECISION PRODUCTS, INC. AND IS PROTECTED
BY COPYRIGHT AND OTHER LAWS. TITLE TO THE FIRMWARE, OR ANY COPY, MODIFICATION OR
MERGED PORTION OF THE FIRMWARE, SHALL AT ALL TIMES REMAIN WITH BRG PRECISION
PRODUCTS, INC.
License Agreement
BRG Precision Products, Inc. grants the purchaser a non-exclusive, nontransferable license to use the BRG Firmware (the
"Software” program stored in processors and/or memory) on hardware manufactured by BRG Precision Product’s, Inc.
The software is copyrighted. You may not: rent, distribute or transfer copies of the software; modify, disassemble, decompile, extract from the hardware, or translate the software or documentation; make any copies of software modules for use with other programs.
This license is effective until terminated. You may terminate it at any time by discontinuing the use of the hardware containing the software. It will also terminate automatically if you fail to comply with any of the terms and conditions of the Agreement.
Upon termination of this license for any reason, you agree to discontinue the use of the software.
This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreements, representations, or understandings, whether oral or written, relating to the Software.
This Agreement shall be governed by the laws of the State of Kansas.
Limited Warranty
BRG Precision Products, Inc. warrants that the processors or memory use to store the software is free from physical defects in material and workmanship under normal use for a period of sixty days from the date of purchase.
THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN,
EXPRESS OR IMPLIED. BRG PRECISION PRODUCTS, INC. MAKES NO WARRANTY OR REPRESENTATION,
EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SOFTWARE, ITS QUALITY, PERFORMANCE,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, THIS SOFTWARE IS SOLD "AS IS", AND YOU,
THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
IN NO EVENT SHALL BRG PRECISION PRODUCTS, INC. BE LIABLE FOR DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE OR FROM ANY
ERROR OR DEFECT IN THE SOFTWARE OR ITS DOCUMENTATION, SUCH DAMAGES INCLUDE, BUT ARE NOT
LIMITED TO, LOSS OF PROFIT, LOSS OF SOFTWARE OR DATA, AND DAMAGE TO YOUR MONITOR, IN NO
EVENT SHALL BRG PRECISION PRODUCTS, INC. LIABILITY EXCEED THE PRICE PAID FOR THE SOFTWARE.
The above exclusions may not apply to you. This warranty provides you with specific legal rights. There may be other rights that you may have which vary from state to state.
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