Warranty Information

For information on returns, see Customer Service for your region.

(b) Within a reasonable time after receipt of a defective Product and verification by Elo that the Product fails to meet the Warranty, Elo shall correct such failure by, at Elo’s option, either (i) modifying or repairing the Product, (ii) replacing the Product with a substantially similar product, or (iii) failing those remedies, providing a credit or refund for such Product. Replacement equipment that Elo provides as part of the repair or replacement service may contain new or previously used genuine Elo parts that meet Elo functional requirements. Elo warrants that (y) the service will be performed in a competent and workmanlike manner and (z) all parts used to service Customer’s Product will be free from defects in materials and workmanship, unless otherwise specified by Elo. Any repaired Products shall conform in all material respects to the applicable Elo published specification for a period of ninety (90) days following completion of the repair or until the end of the original warranty period, whichever is longer. Such modification, repair, or replacement and the return shipment of the Product with minimum insurance to Customer shall be at Elo’s expense. Any services or repairs performed outside the scope of this limited warranty shall be subject to Elo’s standard service rates currently in effect. Elo may charge a diagnostic fee and request payment for reimbursement of costs and expenses incurred by Elo for Products found to be “not defective” or performing at the levels specified in Elo’s technical specifications.

(c) Customer shall notify Elo in writing promptly (and in no case later than thirty (30) days after discovery) of the failure of any Product, Software, or Service to conform to the warranty set forth above, shall describe in commercially reasonable detail in such notice the symptoms associated with such failure, and shall provide to Elo the opportunity to inspect such Products as installed, if possible. The notice must be received by Elo during the Warranty Period for such Product. Unless otherwise directed in writing by Elo, within thirty (30) days after receipt of such notice, Customer will package the allegedly defective Product in its original shipping carton(s) or a functional equivalent and shall ship it to Elo at Customer’s expense and risk.

(d) Elo’s Warranty will not apply to any Product with respect to which there has been (i) improper installation or testing, (ii) failure to provide a suitable operating environment, external causes, such as accident, abuse, misuse, fire, liquid intrusion, problems with electrical power, or similar, (iii) use of the Product for purposes other than that for which it was designed, (iv) failure to monitor or operate the Product in accordance with applicable Elo specifications and good industry practice, (v) combination or use of any Product with software drivers, touch controllers, and or sensors or Components that are not approved by Elo in writing, (vi) unauthorized attachment or removal or alteration of any part of the Product, (vii) unusual mechanical, physical, or electrical stress, (viii) modifications, services, or repairs done by anyone other than Elo or an Elo authorized service center, (ix) any other abuse, misuse, neglect, or accident, or (x) defects caused by normal wear and tear or otherwise due to the normal aging of the Product, or (x) to consumable parts, such as batteries, coatings, or backlit panels, that diminish over time, unless failure has occurred due to a defect in materials or workmanship. In no event shall Elo have any liability or obligation with respect to expenses, liabilities, or losses associated with the installation or removal of any Product or the installation or removal of any Components for inspection, testing, or redesign occasioned by any defect or by repair or replacement of a Product (including to an equivalent or upgraded product).

(e) With respect to the Software, Elo warrants for sixty (60) days following the commencement of the Software license, that the Software will substantially conform to the published functional specifications and current documentation provided by Elo. Customer acknowledges that Software support and upgrade availability may depend upon hardware and software support from Elo’s suppliers or other third parties and may not always be available, and that the provision of Services is dependent on Customer’s use of a currently supported operating system. As Customer’s exclusive remedy and Elo’s sole liability for breach of the Software warranty herein, Elo will provide or cause others to provide technical support as provided to Elo’s other customers in connection with the Software during the term of the license. The Services will be performed by Elo in good and workmanlike manner, and for a period of thirty (30) days following completion.

(f) Data loss during service is always a possibility, and in some cases, data may be unrecoverable, erased, or reformatted during service. For this reason, it is Customer’s sole responsibility to back up all existing data, software, and/or programs from Customer’s product, and to decide whether to erase any such data from Customer’s product, prior to receiving service. Elo is not responsible for loss, recovery, or compromise of data, software or programs, or loss of use of Customer’s product or other equipment arising out of the services provided by Elo. As part of the service, Elo may install system software updates which may not be compatible or work with third party applications installed on Customer’s Product. Customer represent that Customer’s product does not contain any illegal files or data.

(g) THESE REMEDIES SHALL BE CUSTOMER’S EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, ELO (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS) GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, (i) REGARDING THE PRODUCTS, SOFTWARE, SERVICES, OR THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NONINFRINGEMENT, PERFORMANCE, RELATING TO THIRD-PARTY PRODUCTS, SOFTWARE, OR SERVICES; (ii) RELATING TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE OR ELO'S PERFORMANCE OF THE SERVICES; OR (iii) REGARDING THE RESULTS TO BE OBTAINED FROM THE PRODUCTS, SOFTWARE, SERVICES OR THE RESULTS OF ANY RECOMMENDATION BY ELO OR OTHERWISE. NO EMPLOYEE OF ELO OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN. ELO’S LIABILITY UNDER THE WARRANTY SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT. IN NO EVENT SHALL ELO BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE GOODS BY CUSTOMER OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS HEREOF, ELO SHALL NOT BE OBLIGATED TO PERFORM ANY OF THE WARRANTY OBLIGATIONS SET FORTH HEREIN IN THE EVENT THAT CUSTOMER IS IN DEFAULT OF ITS PAYMENT OBLIGATIONS UNDER ANY ORDER.

(h) THESE WARRANTIES DO NOT APPLY TO THIRD-PARTY PRODUCTS. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE ORIGINAL MANUFACTURER, PROVIDER, OR PUBLISHER. ALL THIRD-PARTY PRODUCTS ARE PROVIDED "AS IS; WHERE IS." WITH RESPECT TO THE USE OF THE SOFTWARE OR SERVICES (i) ELO MAKES NO EXPRESS OR IMPLIED WARRANTY THAT SOFTWARE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (ii) ELO DISCLAIMS AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY CUSTOMER RELATED TO CUSTOMER’S USE OF THE SOFTWARE; AND (iii) THE SOLE RECOURSE CUSTOMER MAY HAVE HEREUNDER FOR VIOLATION OF ANY SOFTWARE RELATED WARRANTY IS TECHNICAL SUPPORT AND BUG FIXES PROVIDED UNDER THE MAINTENANCE SERVICES OFFERED WITH THE SOFTWARE. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ELO'S WARRANTY OR LIABILITY FOR LOSSES THAT ARE EXPRESSLY PROHIBITED UNDER APPLICABLE LAW FROM BEING RESTRICTED OR LIMITED AS CONTEMPLATED HEREUNDER. AS SUCH, ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO CUSTOMER IN ITS JURISDICTION WILL APPLY TO IT, AND ELO'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW TO BE WAIVED, LIMITED, OR RESTRICTED BY CUSTOMER AS CONTEMPLATED HEREUNDER.