Product Warranty

Cimarron Technologies Corporation (Cimarron), Warrants its standard products, to be free from defects in material and workmanship for three (3) years from date of shipment. If a defect occurs, it will be repaired or replaced (at our option) without charge for materials and labor if returned to the factory. All Warranty work will be performed at Cimarron’s factory and in no case shall Cimarron bear the cost of on-site labor.

Products returned under this Warranty must be unmodified. Cimarron reserves the right to refuse Warranty repairs or replacements for any products that are damaged or not in original form.

This Warranty does not apply to any parts damaged due improper use--including accident, neglect, unreasonable use, physical abuse, and improper installation--or to unauthorized alterations or modifications of the equipment. Warranty excludes damage caused by lightning, fire, floods, damage caused by environmental extremes, power surges, over voltages, or transients.

Cimarron's Warranty does not extend to batteries or fuses nor does it cover products not originally manufactured by Cimarron, such as printers, PCs, hand held terminals, or radio equipment. Repair by other than Cimarron, will void this guarantee. In-Warranty merchandise must shipped, freight prepaid, to Cimarron. Cimarron will return, freight prepaid UPS Ground, the repaired or replaced equipment to purchaser, within the United States.

Out of Warranty repairs will be billed at an hourly rate approved by the customer before work is performed. Cost of replacement parts and shipping will be quoted and must be customer approved prior to repair.

This Warranty applies to the original purchaser of the equipment only unless a clear chain of proof of purchase can be provided to prove product age. Cimarron is not liable under this Warranty, or any implied Warranty, for loss of use or for other consequential or damage experienced by the purchaser. Some states do not permit the exclusion or limitation of implied warranties or consequential damages. This Warranty provides special legal rights, the purchaser may have other rights which may vary from state to state. Cimarron makes no Warranty other than the one set forth above. Such Warranty is in lieu of all other warranties, express or implied, including but not limited to any express or implied Warranty of merchantability or fitness for particular purposes, and such constitutes the Warranty made with respect to the products. No guarantee is made with respect to the products as to system performance unless such a guarantee has been set forth in a separate contract document signed by Cimarron Technologies Corporation

Cimarron makes no other Warranty or representation implied or express for its products, designs and derivatives with respect to merchantability, fitness for a particular purpose or any other matter. Cimarron products are not intended, authorized or warranted by Cimarron to be suitable for use in life support, medical or other critical applications that may involve risks of death, personal injury or severe property or environmental damage. Cimarron in addition to the warranties disclaimed above specifically disclaims any and all warranties implied or express for use in such applications. Cimarron products in such applications are understood to be fully at the risk of the customer, and that Cimarron is thereby indemnified against all damages.

Limitations of Liability. Cimarron shall not, under any circumstances, be liable for any compensatory, consequential, incidental, future or punitive damages, whether in contract, tort or any other legal theory, arising from the use of, or in conjunction with its products. The aggregate liability of Cimarron to customer under this agreement for any claim arising from use of its product is limited to the invoice price of the product. Each party acknowledges that the other party has entered into this agreement relying on the Limitations of Liability stated herein and that those limitations are an essential basis of the bargain between the parties.

Obligation to Indemnify. Customer agrees to indemnify, defend and hold Cimarron, its manager(s), and applicable third parties (e.g. licensors, suppliers, consultants and contractors) (collectively "Indemnified Persons") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from use of Cimarron products.

May 2013