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CHECK OUT OUR WARRANTY AND COMPARE.
If you're a Game Owner/Operator and feel you have a situation covered under these terms, make a claim through your distributor. Distributors are REQUIRED to provide the following information to process a claim: Game Name, Serial Number, Explanation of the Symptoms and the Part Number of the affected part. The more information you can offer your distributor, the quicker we can help solve your problem. On October 1, 2001 Happ Controls has acquired assets of Midway Amusement Games' coin-operated videogame parts and service business, and assumed its warranty repair operations and all warranty obligations. (Click here to view press release) This Limited Product Warranty applies to coin-operated video game products manufactured and distributed by Suzo-Happ under the Midway or Atari brand names (collectively referred to as "Midway Products"). Suzo-Happ warrants to the initial authorized distributor purchasing the product (the "Distributor") that the following parts and components shall be free from defects in materials and workmanship for the period specified below:
The foregoing components and parts are collectively referred to as "Warranted Parts." The periods set forth above are referred to as the "Warranty Period" for the applicable Warranted Parts. The Warranty Period for all Warranted Parts begins on the date of shipment to the Distributor from Suzo-Happ; provided, however, that if the product is stored unused by Distributor, prior to shipment to an operating customer, the Warranty Period shall begin on the earlier of: Additionally, the Warranty Period with respect to all products shipped to Distributors outside of the United States shall be extended by thirty (30) days. If the Warranted Parts fail to conform to this warranty during the applicable Warranty Period, Suzo-Happ's sole liability shall be, at its option, to repair or replace the Warranted Parts that are returned to Suzo-Happ at the purchaser's expense, and in accordance with the conditions of return set forth herein, during the Warranty Period. DISTRIBUTOR RELATIONSHIP WITH OPERATING CUSTOMER This Limited Product Warranty extends only to the original Distributor purchasing the products. This Limited Product Warranty shall not extend and may not be transferred to any third party purchasing the products from such Distributor. To the extent that any warranty claim arises with respect to a product, such claims must be referred directly to the Distributor. The Distributor is the only entity that has any rights under this Limited Product Warranty and is the only entity that may submit claims or return parts for warranty service. Suzo-Happ shall only respond to warranty correspondence and requests from the Distributor. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED IN THIS LIMITED PRODUCT WARRANTY, SUZO-HAPP EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. In the event of a breach under this warranty, Suzo-Happ's sole liability and Distributor's exclusive remedy shall be the repair or replacement of the Warranted Parts as set forth in the Limited Product Warranty. IN NO EVENT WILL SUZO-HAPP AND ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS AND EMPLOYEES, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OR FOR ANY THIRD PARTY CLAIMS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCTS, WHETHER DUE TO NEGLIGENCE OR OTHERWISE AND EVEN IF AN AUTHORIZED SUZO-HAPP CONTROLS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding any other provision of this Limited Product Warranty, Suzo-Happ and its affiliates' cumulative liability for any claim whatsoever related to any product shall in no event exceed the total of all amounts paid to Suzo-Happ with respect to such product. GENERAL The terms and conditions of this Limited Product Warranty may not be changed or amended except by a written instrument executed by a duly authorized officer of Suzo-Happ. No terms or conditions set forth in any invoice or purchase order by Distributor or any third party shall be of force or effect whatsoever. If any provision of this Limited Product Warranty is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Limited Product Warranty will remain in full force and effect. This Limited Product Warranty will be governed by and construed in accordance with the laws of the State of Illinois. WARRANTY POLICY Products are complicated, interactive mechanisms where all components and sub-assemblies are designed to work in concert. Therefore, the use of any part that is not a "Genuine" Suzo-Happ part, in any area of the product, shall void this Limited Product Warranty with respect to any Warranted Parts within the affected product. Suzo-Happ parts are available only through Suzo-Happ and subsequently, authorized Distributors. The Distributor shall be responsible for any labor costs incurred in the discovery process of determining that a returned part is found to be outside the warranty coverage as set forth herein. In the event that Suzo-Happ determines that a Warranted Part has been submitted under warranty in violation of any of the limitations set forth in this warranty policy, Suzo-Happ shall immediately notify the Distributor and Suzo-Happ shall charge for all work performed to date at its prevailing rates. Suzo-Happ will only proceed with additional repair work upon written acceptance of charges for any work completed and additional work anticipated, to be determined with a final billing statement. Suzo-Happ owns all parts removed from repaired products and replaced Warranted Parts. Suzo-Happ reserves the right to use new or reconditioned parts made by various manufacturers in performing warranty repairs. WARRANTY OF REPAIRED OR REPLACEMENT PARTS Once Suzo-Happ returns a repaired or replacement Warranted Part to the Distributor, such Warranted Part shall remain under warranty for the original Warranty Period; provided, however, that if the remaining Warranty Period is less than thirty (30) days, the applicable Warranty Period shall be extended until thirty (30) days after the repaired or replacement Warranted Part is shipped to the Distributor. DISTRIBUTOR RESPONSIBILITIES The Distributor is expected to maintain an electronic repair facility with appropriate equipment, replacement parts, and personnel, to perform necessary work, at no charge during the warranty period, on products sold to customers. Distributor is expected to carry a reasonable inventory of spare parts, including printed circuit boards, to enable them to maintain operations of and repair products. Prior to returning any Warranted Part to Suzo-Happ, the Distributor must make a reasonable attempt to repair such part. This attempt must include contacting the Suzo-Happ Service Department for remote assistance. CONDITIONS OF RETURN The following conditions must be met before Suzo-Happ will accept delivery of any Warranted Parts and perform any warranty services thereon. 1) Return Authorization Number: Suzo-Happ will not accept delivery of any Warranted Part without an accompanying Return Material Authorization (RMA) Number. This number may be obtained by contacting Suzo-Happ's Warranty Customer Service Department and stating an appropriate reason for the return. If a Distributor returns a product or part without the RMA number, delivery will be refused. 2) Shipment: Any and all products being returned to Suzo-Happ for a warranty claim must be shipped prepaid and accompanied by a RMA Number clearly marked on the outside of the package. All returns must be properly packed to prevent damage. Suzo-Happ shall not be responsible for any damage incurred during shipment. RETURN PROCEDURE 1. Suzo-Happ is to
be promptly notified by the Distributor within the Warranty Period,
that said Warranted Part is defective and return authorization is
granted; Upon receipt of the returned item, the item will be inspected. If the problem is identified by Suzo-Happ as not valid as specified within this warranty statement or the reason for return is different than originally stated, warranty services or credit may be delayed or denied. WARRANTY SUPPORT PROGRAMS ADVANCE REPLACEMENT POLICY Notwithstanding any provision as set forth in this Limited Product Warranty, Suzo-Happ may, in its sole discretion, ship advance replacement components to Distributors prior to receipt of the defective Warranted Part. The advance replacement components may be either new or refurbished, at Suzo-Happ's option. The number of parts used in this program is limited and will be determined by Suzo-Happ. Suzo-Happ shall bill advance replacement components to the Distributor and payment will be due within normal terms unless the Distributor complies with all required warranty return procedures with respect to the Warranted Part. Specifically, payment will be due (i.e., Suzo-Happ will not issue a credit) unless: (i) the Warranted Part is returned with a Return Material Authorization (RMA) Number within the thirty days of the shipment of the advanced replacement component; (ii) the defect is properly identified as indicated on the RMA; and (iii) the defective component, and its reason for failure, is determined by Suzo-Happ to be covered by the warranty as stated herein. Warranted Parts returned and found to be in good operating order will be returned to Suzo-Happ's inventory, and a restocking fee may be charged, up to 25% of the current selling price, at Suzo-Happ's discretion. INCENTIVE BOARDS & COMPONENTS To assist the Distributor in shortening operator downtime, Suzo-Happ may, in its sole discretion, offer the following PC board and component parts incentive plan. With each new game model purchased by a Distributor, certain key, critical components may be made available to each part stocking location at reduced prices. If Suzo-Happ elects to make such components available, Suzo-Happ will publish the list of such parts. The number of parts used in this program is limited and will be determined by Suzo-Happ, and the reduced prices will only be available for a limited time, as specified by Suzo-Happ. OUT OF WARRANTY REPAIR Suzo-Happ may, in its sole discretion, offer certain repair services for out-of-warranty components based on Suzo-Happ's then current rates and prices. Distributors may contact Suzo-Happ to determine the availability of such out-of-warranty services. In some cases, the part may be damaged beyond repair. In this event, the Distributor will be notified and can elect to have the defective part returned at their expense or disposed of. In addition, if the Distributor elects, a substitute part (new or refurbished) can be sent and charged at the current price. PARTS ORDERING Subject to availability, Distributor may order replacement parts at Suzo-Happ Controls' then current prices. PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. Component parts ordered by Distributor shall have a warranty of ninety (90) days from the date of delivery thereof to Distributor. |
