> 12. system warranties

（a） seller represents and warrants that it is the owner， or beneficial licensee， of all intellectual property rights herein licensed， leased or sold to buyer， and that it has the right to license， lease or sell the same to buyer. seller warrants that the system and all equipment and related software furnished under this contract （except for the control computer （s） and control computer （s） operating system software）， shall be free from defects in material and workmanship for a period of one （1） year after date of acceptance， except with respect to commercial and consumer _________ system， for which the period shall extend for one （1） year after date of shipment. during such period seller shall repair or replace and reinstall at buyer“s premises the system or any defective portion thereof without charge. seller”s warranty does not cover the control computer or the control computer“s operating system software included in the system，but seller shall assign any outstanding manufacturer”s warranty thereof to buyer， to the extent assignable. if there is no such assigned warranty that extends one （1） year beyond acceptance， seller shall purchase， in lieu of warranty， for the benefit of buyer and as part of the purchase price， an extended hardware and software maintenance contract for such control computer and operating system software which maintenance contract shall extend for a one （1） year period after acceptance. if any repair or replacement results from a defect not covered by the warranty or from causes other than normal usage and regular installation， buyer shall pay seller for all labor and materials （including travel expenses） provided by seller in its attempt to remedy such deficiency.（b） the warranties set forth herein shall apply only to items which，after regular installation and under normal usage， are found to have been defective within the warranty period. such warranties shall not apply to items that have been modified or altered without seller“s written approval， or have been subjected to abuse， accident， negligence or improper application.（c） the warranties set forth herein are in lieu of all other warranties as to performance of the system， express or implied， including without limitation any implied warranties of merchantability or fitness for a particular purpose. buyer”s sole and exclusive remedy for any breach by seller of any of the warranties set forth herein shall be for seller to make such repairs and/o

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