TMS SERVICE AND WARRANTY INFORMATION


WARRANTY AND LIMITATIONS OF REMEDIES
TMS warrants that new equipment manufactured by TMS shall be free of defective parts and workmanship for a period of two (2) years, commencing on the day of invoice from TMS. TMS salesmen, distributors, representatives, or agents may have made oral statements about the equipment described herein. Such statements do not constitute warranties, shall not be relied on by the buyer and are not part of this contract of sale. EXCEPT AS SET FORTH ABOVE, TMS MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO BUYER OR ANY OTHER PERSON AS TO THE EQUIPMENT'S FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, CONDITION, OR ANY OTHER ASPECT OF THE EQUIPMENT WHICH IS THE SUBJECT OF THIS CONTRACT OF SALE, ITS COMPONENTS, WORKMANSHIP AND MATERIALS; BUYER TAKES AND ACCEPTS THE EQUIPMENT AS IS. By reason of his acceptance of delivery of the equipment, Buyer agrees that the equipment is in proper operating order, conforms to the Buyers specifications and the terms and conditions of the contract of sale, and has accepted the equipment in its condition on delivery as the equipment described herein.

Buyer's remedies for damages due to breach of the warranty set forth herein shall be limited to repair or replacement of non-conforming goods or parts within the aforesaid time period of two (2) years. LABOR, TRANSPORTATION, AND TRAVEL ARE NOT COVERED BY THE WARRANTY. The parties agree that the Buyer's sole and exclusive remedy against TMS shall be for the repair or replacement of defective parts or goods as provided herein. Buyer agrees that no other remedy, including but not limited to incidental or consequential damages for lost profits, lost sales, injury to persons or property, or any other incidental or consequential loss, shall be available to it. TMS further disclaims liability for any loss, damage or injury to any person as a result of any defects, latent or otherwise, in the equipment whether arising from TMS negligence, application of the law of strict liability, or breach of warranty.

This warranty is automatically void and of no effect in the event of defect, damage, injury or failure of the equipment due to any of the following causes: Acts of God; improper installation; failure to maintain the equipment in accordance with TMS instructions; use of the equipment in any manner other than the use for which TMS has designed and intended the equipment; attempt to install, repair or replace the equipment by any person other than a TMS authorized employee or agent; modifications or changes to the equipment of any kind or nature; excessive or improper usage and electrical burnouts or surges.

This writing contains the final expression of the parties' warranty agreement and is a complete and exclusive statement of the terms of the agreement. Parol evidence shall not be admissible to supplement, modify or add to the terms hereof for any purpose.

WARRANTY PERIOD
New components manufactured by TMS are guaranteed as outlined in the WARRANTY AND LIMITATIONS section for a period of two years. This guarantee consists of a 12-month FACTORY SERVICE WARRANTY plus a 12-month grace period allowed to distributors to cover shelf time, exchanges with their customers for repairs, etc. The warranty period starts from the date of shipment from TMS.

Remanufactured components from TMS are guaranteed for a period of one year, beginning from the date of shipment from TMS.

Every new or remanufactured TMS component has a date code that reflects the date of shipment from the factory; this date code is used to determine the warranty period. Any TMS product returned for service without a date code or with a date code which has been altered for any reason will be considered out of warranty.

This warranty period does not apply to printers and accessories, or other items which are not manufactured by TMS; those components are warranted for 90 days.

ABOUT OUR WARRANTY
The TMS FACTORY SERVICE WARRANTY is specifically limited to parts and equipment; it does not cover service travel and labor charges.

The warranty does not apply to parts and equipment which have been damaged by accident, lightning, physical abuse, mis-wiring, misapplication, or improper operation.

Our service policy is to repair and return warranted equipment, or to exchange for re-manufactured components. We do not send out new parts and take back old or used ones at no charge.

WARRANTY REPAIR POLICY
During the warranty period, defective TMS components may be returned freight-prepaid to Triangle MicroSystems, Inc. TMS will repair or replace, solely at our discretion, at no charge, and return via ground shipment freight-prepaid, such components that are judged to be defective in materials or workmanship. Please note that a repair under warranty does not extend or renew the original warranty period.

WARRANTY EXCHANGE POLICY
In some cases, ususally in the event of failure at installation, we are willing to ship a replacement component in advance for warranty exchange. In this event, the component will have the same date code as the unit it will replace. Any request for advance shipment of a warranty exchange component must be accompanied by the date code on the defective unit to be returned for credit. If the replacement component that we ship has a new warranty, we will issue credit only for the unused portion of the warranty on the component returned to us.

Advance shipment of a warranty exchange console will include a $50.00 cosmetic charge to cover the cost of cleaning, replacing the overlay, etc.

NON-WARRANTY REPAIR POLICY
When we receive an out-of-warranty component for service, we may routinely offer to exchange it for a remanufactured, re-warranted unit.

NON-WARRANTY EXCHANGE POLICY
As stated above, we may routinely offer to exchange out-of-warranty parts for remanufactured, re-warranted units. In many cases, we are willing to ship remanufactured components with the understanding that out-of-warranty parts will be returned as a core at a later date. You will be billed for the price of the remanufactured equipment and the core MUST be received within 30 days. These cores must be returned within 30 days; otherwise, customer will be billed the Core charge.

ABOUT EXCHANGES
When returning a component to TMS for credit against an exchange unit that we have sent to you in advance, please reference the RA number (Return Authorization) printed on the packing slip that comes with the exchange unit. This helps us to identify the item and to expedite the credit. When no RA number is referenced, there is a possibility that the part will be repaired or exchanged and returned to you, since we may not know that it is a credit return. Please help us to avoid this unnecessary situation.