Xeltek warrants that its products will be free from defects in workmanship and materials, and shall conform to specifications current at the time of shipment, for a period of one year from the date of shipment. During the one year period, any defective software or hardware products will be repaired or replaced, at Seller's option, on a return to factory basis. This warranty applies only to products properly installed and operated within specified environmental conditions.
Xeltek's responsibility under this warranty does not apply to:
- Any product which has been repaired, worked upon, or altered by any person not duly authorized in writing by Xeltek;
- Any product which has been subject to misuse, negligence or accident, or whose serial number has been altered, defaced, or removed;
- Any fault induced into the program by physical damage to the diskette or to the corruption of the program by electronic or electrical or magnetic interference.
All efforts have been made to verify the proper operation of the software and the accuracy of the User's Guide. Xeltek does not warrant that the operation of the program will be uninterrupted or totally error free.
New features and enhancements to the existing programs may be added, and verified program faults or necessary amendments will be rectified through the issue of periodic software revisions. Notice of these may be sent to registered buyers only. Failure to return the completed Software registration card with correct mailing address will exclude the purchaser from automatically receiving notification of revisions to the program. Software updates and revisions may be subject to a fee.
Xeltek does not accept liability for any damages, including loss of profit or savings, other incidental or consequential damages arising out of the use, misuse, or inability to use the program.
This warranty to repair or replace products not conforming to specification is specifically in lieu of all other warranties expressed or implied including, without limitation (to the extent permitted by law), the warranties of merchantability and fitness for use. No agent or representative of Xeltek has any authority to bind Xeltek to any affirmation, representation, or warranty concerning products made by Xeltek; and Xeltek will have no liability whatsoever for any damage, loss, cost, or expense (whether direct, special or consequential) suffered or incurred by buyer if products fail to conform with Xeltek's warranty herein.