WARRANTY POLICY
- Terms of Limited Warranty. If a warranted product manufactured by Wells-Gardner Technologies, Inc. (“WGT”) is found to be defective in materials and workmanship during the applicable Warranty Period, WGT’s sole liability shall be, at its option, to repair or replace the warranted product at WGT’s expense, and in accordance with the conditions of return set forth herein, during the Warranty Period. This Warranty shall apply to the initial purchaser of the product from WGT (“Original Purchaser“) only and solely covers defects arising under normal use and operation. This Warranty does not cover malfunctions or failures resulting from misuse, abuse, neglect, alteration, usage not in accordance with product specifications/instructions, improper repair, installation or testing by anyone other than WGT, acts of God, or installation or repairs made by anyone other than the Original Purchaser. To make a claim under this Warranty, the Original Purchaser must (a) provide WGT with written notice of the defect during the applicable Warranty Period, (b) be current on all accounts payable to WGT, and (c) comply with all other provisions of this Warranty Policy. Freight damage and expenses of removal and installation of any equipment is not covered by this Warranty and shall be the sole responsibility of the customer. For repairs covered under this Warranty, the customer will pay for the shipping charges in returning the repaired or replacement product or part to WGT. WGT will pay for ground shipping the repaired or replacement product or part to the customer once repairs have been completed. If the problem persists after the subcomponent has been replaced, WGT reserves the right to either send another subcomponent to the customer or replace the entire monitor.
- Limitations. EXCEPT AS OTHERWISE EXPLICITLY STATED HEREIN, WGT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. IN NO EVENT SHALL WGT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS LIMITED WARRANTY DOES NOT IMPLY ANY EXTENSION OF THE LCD PANEL/MODULE WARRANTY PERIOD DEFINED BY THE LCD PANEL/ MODULE MANUFACTURER AT THE TIME OF THE PURCHASE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS LIMITED WARRANTY, WGT’S CUMULATIVE LIABILITY FOR ANY CLAIM RELATED TO ANY PRODUCT(S) SHALL IN NO EVENT EXCEED THE TOTAL PROFIT RECEIVED BY WGT WITH RESPECT TO SUCH
PRODUCT(S) WITHIN THE WARRANTY PERIOD. THIS LIMITED WARRANTY IS NON-TRANSFERABLE. - Return Procedures. Any defective item(s) are to be returned at the customer’s expense to Wells-Gardner Technologies, Inc., 3078 East Sunset Road, Suite 1, Las Vegas, Nevada 89120. Please call, fax or e-mail for a Return Authorization Number (“RA Number“) prior to sending anything back for repair. Be sure to write the RA Number on the outside of the box. Customers shall return the product(s) to WGT in the original packaging.
- Warranty Periods. Subject to the conditions and limitations set forth herein, the Warranty Period for the WGT products and services below shall be as follows:
- Monitor Assembly – One (1) year from the date of shipment.
- Spare parts – Ninety (90) days from the date of shipment.
- Repairs – Thirty (30) days from the date of shipment or until the end of the original product warranty, whichever is longer.
- Out of Warranty Service. Upon receipt of the product(s) requiring service, WGT will inspect and diagnose the problem. If WGT determines that failure of a product was not a result of a defect in materials or workmanship or is otherwise not covered by this Warranty (“Out of Warranty“), WGT will notify the customer of this finding and the reason therefore and provide the customer with an estimated fee for the repairs. The customer shall be responsible for all work (including parts and labor) performed to date at WGT’s prevailing rates. The customer will then have three options:
- Have the product repaired at the quoted fee. WGT will only proceed with the Out
of Warranty repairs upon the customer’s payment of (a) all WGT charges for
diagnosing the problem, and (b) the price quoted for the repairs. - Have the product shipped back to the customer “as is”, without repair, at the
customer’s expense. WGT will only proceed with said shipment upon the
customer’s payment of all WGT charges for diagnosing the problem. - Have the product scrapped by WGT, in which case the customer shall remain
responsible for the payment of WGT’s charges for (a) diagnosing the problem and
(b) discarding the product.
- Have the product repaired at the quoted fee. WGT will only proceed with the Out
- Entire Agreement. These terms and conditions constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer’s documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY WGT AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY. If any provision of this Warranty shall be considered to be invalid or unenforceable, the remainder of this Warranty shall remain in full force and effect.
- Governing Law; Jurisdiction. This Limited Warranty is governed by the laws of the State of Nevada, without regard to its conflicts of law provisions. All disputes pertaining hereto shall be resolved by adjudication in the exclusive forum of the state and federal courts located in Las Vegas, Nevada. In the event WGT prevails in a suit for collection, WGT shall be entitled to recover its costs and reasonable attorneys’ fees. CUSTOMER’S REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER REMEDIES AVAILABLE TO CUSTOMER, WHETHER PROVIDED AT LAW, EQUITY OR OTHERWISE.