S4 Product Line Warranty
LIMITATIONS OF WARRANTIES AND REMEDIES FOR PRODUCTS DELIVERED TO LOCATIONS WITHIN THE UNITED STATES
A. LIMITED WARRANTIES - SUBJECT TO THE TERMS SET FORTH BELOW, SESAMI A TEXAS LIMITED PARTNERSHIP (“Sesami”) WARRANTS ONLY TO THE PERSON OR ENTITY WHO PURCHASES THE PRODUCT DIRECTLY FROM SESAMI OR FROM A SESAMI AUTHORIZED RESELLER THAT, should the Product prove defective by reason of improper workmanship or materials, Sesami will replace all necessary electrical, electronic and mechanical parts with new or factory reconditioned replacement parts, without a charge for the parts for twelve (12) months, and without a charge for the authorized service dealer labor for ninety (90) days after the original installation of the Product, PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THIS LIMITED WARRANTY EXTEND FOR MORE THAN EIGHTEEN (18) MONTHS AFTER THE DATE THE PRODUCT IS SHIPPED FROM SESAMI’S FACTORY IN CARROLLTON, TEXAS. It shall be Sesami’s sole decision whether to use new, factory, reconditioned or replacement parts in any such repair or replacement. THE REMEDIES DESCRIBED HEREIN SHALL BE THE SOLE, EXCLUSIVE AND ONLY REMEDIES OF DIRECT BUYER AND END USER FOR BREACH OF THIS LIMITED WARRANTY.
B. DISCLAIMER OF WARRANTIES - SESAMI DISCLAIMS ANY WARRANTY WHATSOEVER AND THE LIMITED WARRANTIES CONTAINED HEREIN WILL BE VOID OR VOIDABLE BY SESAMI IF: (i) the Product or any parts, including, without limitation, its electrical, electronic or mechanical parts, specifically including all bill acceptors and dispensing modules, have been installed, relocated, altered, repaired or serviced by any individual or other entity not authorized by Sesami to provide such services; (ii) the serial number on the Product or any parts have been altered or removed; (iii) the Product or any parts have been subjected to accident, misuse, abuse, or negligence; (iv) the Product or any of its parts have been used or operated contrary to or in violation of the instructions, warnings, or manuals accompanying the Product or any of its parts, including without limitation the failure to timely or properly clean the Product or any of its parts or to timely or properly perform any preventative maintenance of the Product or any of its parts; or (v) the Product is not connected to a dedicated, grounded electrical outlet or installed with a line conditioner approved by Sesami. Parts that are considered consumable (including, but not limited to, such as printer paper, dipsticks, screen protectors, vend tubes, and envelopes) are not included in this limited warranty except to the extent that these items are shipped in new, proper working condition from the Sesami Factory with the Product. This limited warranty does not cover any currency jam in any mechanism that is a part of the Product. THE LIMITED WARRANTIES STATED HEREIN INCLUDE PARTS AND LABOR ONLY AS SET FORTH IN PARAGRAPH A ABOVE AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE USE OR PERFORMANCE OF THE PRODUCT AND THE PARTS, WHETHER OR NOT PURPOSES OR SPECIFICATIONS ARE DESCRIBED OR PROVIDED BY SESAMI WITH RESPECT TO THE PRODUCT OR PARTS.
C. LIMITATIONS OF REMEDIES - SESAMI’S LIABILITY TO DIRECT BUYER AND TO END USER, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE ACTIONS), OR OTHERWISE, ARISING IN CONNECTION WITH THE PRODUCT, PARTS OR THE FOREGOING LIMITED WARRANTIES SHALL BE LIMITED TO THE COST OF REPAIR AND REPLACEMENT OF THE PRODUCT OR PARTS IN ACCORDANCE WITH THE LIMITED WARRANTIES. SESAMI SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, LOSS OF SAVINGS, LOSS OF OR INABILITY TO USE OF THE PRODUCT OR ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT PARTS OR EQUIPMENT, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, DOWNTIME, INJURY TO PROPERTY, PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH CLAIMS OF THIRD PARTIES.
D. LIMITATIONS OF WARRANTY RESPONSE TIME - Response time for repair requests are not guaranteed for equipment locations exceeding 150 miles from an existing Sesami Certified Service Provider’s facility, regardless of warranty type or extended warranty options purchased by the Direct Buyer or End User.
E. INSPECTION OF THE PRODUCT OR PARTS; TIME LIMIT FOR CERTAIN CLAIMS - Direct Buyer and End User are responsible for inspecting and shall inspect the Product and any parts upon receipt and shall notify Sesami at 2025 W. Belt Line Road #114, Carrollton, Texas 75006-6453 in writing by certified mail, return receipt requested (postage prepaid, deposited with the United States Postal Service) of any claims, including claims for breach of limited warranties, within thirty (30) days after the Direct Buyer or End User discovers or should have discovered the facts upon which the claim is based. The failure to give written notice of a claim to Sesami within this time period shall constitute a waiver and relinquishment of such claim.
F. REGISTRATION OF THE PRODUCT - The registration card enclosed with the Product must be mailed by the Direct Buyer (if the Product is sent from the Sesami Factory to the Direct Buyer) or by End User (if the Product is sent from the Sesami Factory to the End User) to Sesami, 2025 W. Belt Line Road #114, Carrollton, Texas 75006, within ten (10) days after the date of original installation of the Product. If the registration card is not on file at Sesami, the installation date will be presumed to be thirty (30) days after the Product is shipped from the Sesami Factory.
G. LIMITATION OF LIABILITY - The limited warranties of Sesami shall be subject in all respects to the limitations, disclaimers, and exclusions set forth herein. No action, regardless of form, arising out of this limited warranty may be commenced more than one (1) year after the cause of action has occurred.
H. CHOICE OF LAWS; VENUE - This document shall be construed, interpreted and enforced by applying the law of the state of Texas and without applying principles of conflicts of laws and without giving regard to any international convention for the sale of goods. The provisions stated in this document shall be enforced against Direct Buyer and End User to the maximum extent permitted under applicable law. All disputes arising hereunder shall be submitted to a state or federal court of competent jurisdiction within Dallas County, State of Texas.
To locate a Sesami Certified Service Provider or to contact Sesami about a claim or otherwise, contact
Sesami, 2025 W. Belt Line Road #114, Carrollton, Texas 75006-6453, 972-484-3358 (Toll Free: 1-800-678-7577).
