Click here for a pdf of the Touch Metal Capacitive Guarantee
Baran Advanced Technologies (86) Ltd. (“Manufacturer”) guarantees and warrants to the purchaser of record (“You”) that the EVERSWITCH ® product is free from defects in material and/or workmanship for a period of one (1) year following the date of shipment to you.
This Guarantee covers the repair or replacement of the EVERSWITCH® product at the Manufacturer’s sole discretion and subject to the conditions stated below if the EVERSWITCH® product is proven defective or should fail within five years of shipment to you as a result of normal use in accordance with Manufacturer’s published specifications. If Manufacturer chooses to replace the EVERSWITCH® product, Manufacturer will replace the returned EVERSWITCH® product with an equivalent EVERSWITCH® product as that originally purchased, including, inter alia, the graphics, termination, configuration, and electrical specifications. Brand Electronic systems including but not limited to Proximity modules, card readers manufactured by third parties and integrated in the EVERSWITCH® products, are subject to limited guaranty as stated by the provider , replacement workmanship and shipment not included.
This guaranty does not cover (1) loss or damage to any equipment connected, related or associated with the EVERSWITCH® product; (2) loss or damage that occurs as a result of (a) assembly or installation of the EVERSWITCH® product into your equipment, (b) misuse of the EVERSWITCH® product or use of the EVERSWITCH® product in equipment or for other uses for which it is not intended, (c) modification or repair attempts by you or another person or entity, (d) acts of God or accident, (e) use of the EVERSWITCH® product in operating regimes that have not been approved by Manufacturer, or (f) the intentional destruction of the EVERSWITCH® product by you or any person or entity; (3) the cost of labor, parts or other incidental expense for removal of the EVERSWITCH® product suspected to be defective; (4) the cost of labor, parts or other incidental expense for reinstallation of the EVERSWITCH® product, and (5) service calls.
THIS GUARANTEE IS IN LIEU OF ALL OTHER GUARANTEES OR WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED OR IMPLIED. THERE ARE NO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MANUFACTURER WARRANTY AND GUARANTEE OBLIGATIONS AND YOUR REMEDIES HEREUNDER ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN. MANUFACTURER LIABILITY, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE LESSER OF THE COST OF REPAIR OR THE REPLACEMENT COST OF THE EVERSWITCH® PRODUCT WHOSE DEFECT OR FAILURE IS THE BASIS OF THE DAMAGE CLAIM. IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE OF FACILITIES OR EQUIPMENT OR OTHER INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES.
Failure to notify the Manufacturer of a suspected defect or failure, may extinguish your rights under this Guarantee at the discretion of the Manufacturer. MANUFACTURER’S PRIOR WRITTEN CONSENT MUST BE OBTAINED BEFORE YOU SEND ANY EVERSWITCH® PRODUCT TO MANUFACTURER FOR REPAIR OR REPLACEMENT. Once you have received written approval, the product must be forwarded, freight prepaid and insured (or assume the risk of loss or damage during shipment), to the Manufacturer.