RapidCare

For the purchase of certain Products, Scriptel may provide RapidCare replacement support as indicated in the Sales Information (“RapidCare Replacement Support”). RapidCare is available to the original purchaser of a covered product during the stated RapidCare period, only when purchased through an authorized seller. The RapidCare webpage identifies the Products that receive RapidCare Replacement Support and the period of coverage. To qualify for RapidCare Replacement Support, Customer shall comply with the procedures and obligations set forth above in this Section 7.4; provided, however, that when Customer submits a Warranty Claim, Scriptel will confer with Customer via phone, email or other remote communication methods to assess the likelihood that the applicable Product is defective. At Customer’s request, regardless of Scriptel’s assessment, Scriptel will ship a comparable, working replacement Product to an address of Customer within the Contiguous United States via overnight shipping method. Scriptel will also provide to Customer a return shipping label and shipping instructions. Within thirty (30) days after Customer’s receipt of the replacement Product, Customer shall ship to Scriptel, the original, alleged defective, Product in its original package or the package of the replacement unit, together with such shipping label in accordance with such shipping instructions. If Scriptel determines that the alleged defective Product has a verifiable defect in breach of the Warranty, Customer shall not owe the costs of shipping the replacement Product or the alleged defective Product. In the event that Scriptel determines that the alleged defective Product is not in breach of the Warranty, Customer shall pay to Scriptel: (a) Scriptel’s standard repair charge or inspection fee for diagnosing the alleged defective Product or repairing damage found that is not a breach of the Warranty; (b) the cost of shipping the replacement Product to Customer; and (c) the cost of shipping the alleged defective Product to Scriptel. In such event, the alleged defective Product shall become the property of Scriptel.

Notwithstanding anything to the contrary in the Agreement, Scriptel shall not be obligated to perform any of the Warranty obligations or other duties provided in Section 7 in the event that Customer has failed to make any payment in accordance with the Agreement, is in default of any payment obligation owed to Scriptel under the Agreement or has breached any term or condition of the Agreement.

CUSTOMER’S RIGHTS UNDER SECTION 7 OF THESE SALES TERMS SHALL BE THE EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SCRIPTEL (INCLUDING ITS AFFILIATES, CONTRACTORS AND AGENTS AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS) HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM OR RELATED TO: (A) THE RESULTS (OR LACK THEREOF) OBTAINED THROUGH USE OF THE PRODUCTS OR THE RESULTS OF ANY RECOMMENDATION BY SCRIPTEL OR OTHERWISE; (B) COURSE OF DEALING OR OF PERFORMANCE, CUSTOMER OR USAGE OF TRADE EXCEPT OF TITLE; OR (C) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NO EMPLOYEE OF SCRIPTEL OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE PRODUCTS OTHER THAN THE WARRANTY EXPRESSLY SET FORTH HEREIN. IN NO EVENT SHALL SCRIPTEL BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE PRODUCTS OR GOODS. IF APPLICABLE LAW PROHIBITS ANY OF THE DISCLAIMER OF ANY OF ANY SUCH WARRANTY, SUCH WARRANTY SHALL BE LIMITED IN TIME TO THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE.