Subject to the terms of an Engineered Systems Distributor Agreement between EvaxSystems, Inc. ("Evax") and its authorized distributor ("ESD") and Evax warrants to ESD, subject to the provisions set forth below, that all fire alarm control panels sold by Evax and all fire alarm products manufactured by Evax ("Products") shall be free from factory defects in materials and workmanship under normal use for the applicable warranty period specified below (the "Warranty Period"). During the Warranty Period, Evax shall, at is option, repair or replace any Product or part thereof proven to Evax's satisfaction to be defective, at no charge for labor and materials. Any replacement and/or repaired Products or parts remain subject to this warranty for the remainder of the Warranty Period or ninety (90) days from the date of such repair or replacement, whichever is longer. This warranty is conditioned upon ESD promptly notifying Evax's Technical Services Department in writing that there is a defect in material or workmanship in a Product before the expiration of the Warranty Period.

The Warranty Period for each of the Products commences on the date the Product is shipped to the ESD and:

  1. During the first year of the warranty, Evax will, at its discretion, "advance replace" the failed unit. A Purchase Order must be submitted for the replacement to be invoiced. A credit will subsequently be issued to the customer, when failed unit is returned to Evax and found to be defective.
  2. Expires at the end of three years from the date of shipment of all other Products manufactured by Evax to the ESD or otherwise stated in Evax's vendor's warranty.

This warranty is subject to the following exclusions and qualifications:

  1. This warranty applies only to defects in materials or workmanship under normal use. This warranty does not apply to, and Evax assumes no responsibility for, any damages or defects which relate to or are caused by:
    1. shipping or handling;
    2. installation or servicing;
    3. causes beyond the control of Evax such as excessive voltage, power surges, mechanical shock or water damage
    4. peripherals (unless such peripherals were supplied by Evax for use with the Product);
    5. unauthorized attachments, alterations, modifications or foreign objects;
    6. an unsuitable installation or operating environment;
    7. use of any Product for purposes other than those for which it was designed;
    8. improper or inadequate maintenance;
    9. any abuse, neglect, misuse or improper application; or
    10. failure to follow Evax's installation, operating or maintenance instructions or any applicable law, regulation, code or industry standard.
  2. This warranty is for the exclusive benefit of ESD and is not assignable; any attempted assignment of this warranty or any rights hereunder by any ESD to any other person or entity will make this warranty null and void.

ESD is responsible for installing the Product in compliance with Evax's installation instructions and all applicable federal, state or local laws, codes and regulations.

The warranty set forth above is exclusive and in lieu of all other express or implied warranties with respect to the Products or any other products or services sold or supplied by Evax to the ESD, including, without limitation, any warranties of non infringement, merchantability or fitness for a particular purpose.

Written (email to notice of a claimed product defect should be sent to Evax at the following address:

Evax by Potter
Attn: RMA Department
20 McDermott Road
Branford, CT 06405

No product may be returned to Evax without Evax's prior written authorization. All returns must be freight prepaid FOB Evax's plant, Branford, Connecticut, and in accordance with Evax's most current Return Policies and Procedures. Requests for a copy of Evax's current Return Policies and Procedures and questions concerning warranty policies and procedures should be directed to Evax's Technical Services Department at 1-888-382-9835. Freight on Products returned to the Distributor will be paid by Evax on warranty repairs or replacements.

In no event shall Evax be liable in respect of the Products or other products or services sold or supplied to the ESD by Evax for any special, indirect, incidental, consequential, punitive, or exemplary damages (including, without limitation, property damage; loss of use; all costs and expenses of removing, repairing or reinstalling any defective Product or product; loss of profits or loss of anticipated business; cost of substitute products; or downtime costs, delays, or claims of customers of the ESD or other third parties for such or other damages) whether based in warranty, contract, tort, negligence, strict liability or otherwise. In no event shall Evax's liability exceed the purchase price of the Products or other products or services giving rise to the ESD's claim.

No suit or claim based on any cause of action, regardless of form, arising out of, or in any way connected with the ESD's contract with Evax, the Products or any other products or services sold or supplied to the ESD by Evax may be brought by the ESD or any party claiming by or through the ESD, more than one year after the date that such cause of action accrued.

Evax's only obligation and ESD's exclusive remedy under this warranty shall be replacement or repair of the Product as specified above.

An ESD has no authority to make any warranty on Evax's behalf to any person or entity with respect to the Products or other products or services sold or supplied by Evax to the ESD.

This warranty shall be governed by federal laws and the laws of the State of Connecticut, excluding Connecticut law with respect to conflicts of law.