APOGEE SYSTEMS STANDARD THREE-YEAR LIMITED DEPOT WARRANTY

Apogee warrants that the hardware (not the software) included in the original system or shipped as part of an order modification made within 30 days of the original system shipment will be free from defects in materials and workmanship for three (3) years from the date of shipment by Apogee.  Third party hardware external to your Apogee system (including: printers, joysticks, game-pads, speakers, digital cameras etc.) ("Peripherals") are often covered by their respective manufacturers’ warranties, not by the Apogee Limited Warranties. Please consult the warranty documentation that accompanies the Peripheral for details.

NINETY-DAY REPLACEMENT PARTS LIMITED WARRANTY

Replacement parts for system repair and systems shipped by Apogee are warranted against defects in materials and workmanship for ninety (90) days from the date of shipment by Apogee or until the expiration date of the original Three Year Limited Warranty, as the case may be, whichever is longer.

(Option A) Return of System(s) or Part(s)

Return of defective system(s)or part(s) to Apogee’s facility for adjustments and repairs or replacement.

The customer is responsible for returning defective system(s) or part(s) to Apogee at the customer’s expense at the following address:

 Attn: Repair RMA#__________

Apogee Electronic Services, Inc

180 East Burgess Road

Unit D

Pensacola, Florida 32503

Upon effective system repair Apogee will return ship the system(s) or part(s) prepaid to the customer’s location via standard ground transportation. Prior to returning parts or systems to Apogee for warranty service, the customer must request a Return Merchandise Authorization (RMA) number from Apogee by calling 888-246-8435 or 850-484-7990.

(Option B) Advanced Parts Replacement

This option is for customers with in house technical expertise and is only available for equipment that is covered by the guarantee/warranty provision. If the customer cannot provide a valid charge card number or Apogee-authorized open Purchase Order, Apogee will not advance ship replacement parts.

Apogee will dispatch repair part(s) prepaid to the customer’s location via standard ground transportation. It is the customer’s responsibility to replace the failed part(s) (with the assistance of Apogee technical support) and to return the defective parts in the original part(s) packaging to Apogee’s facility at the customer's expense within fifteen (15) business days from the date the RMA is obtained.

TERMS OF LIMITED WARRANTIES

The Three Year Limited Warranty and the Ninety-Day Replacement Parts Limited Warranty become effective on the date of shipment from Apogee, are granted to the initial customer end-user only and are nontransferable. Removal of hardware from an Apogee system and use of such hardware in a different system or configuration voids all applicable limited warranties. Any claims under these warranties must be made before the end of the applicable warranty period. During such period, if Apogee determines that a part or system is defective in material or workmanship, Apogee, at its option, will provide you with a repaired part or system or replace any part or system that is covered by the applicable warranty. In the event Apogee provides a repaired or replacement part, telephonic technical assistance will be provided. Labor will be provided only if you chose to purchase on-site service from an Apogee-authorized service provider and will be provided pursuant to the terms of such on-site service contract.

Apogee reserves the right to substitute functionally equivalent new or serviceable reconditioned parts and systems. Apogee’s responsibility is limited to repair or replacement, either of which may be selected by Apogee at its sole discretion.

The Three Year Limited Warranty and Ninety-Day Replacement Parts Limited Warranty cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Apogee to have been caused by the customer, or repairs made by anyone other than Apogee, Apogee-qualified service providers, or you with the assistance of Apogee technical support.

TECHNICAL SUPPORT--APOGEE DESKTOP SYSTEMS

Apogee provides telephone technical support with respect to installation and configuration of hardware products included in the original Apogee desktop system purchased from Apogee.  Apogee also provides telephone technical support service with respect to the configuration of factory-installed software for thirty (30) days from the date of shipment. To receive technical support for your Apogee Desktop system, call 888-246-8435 or 850-484-7990 x203.

RETURN POLICY AND PROCEDURES

When a replacement part or system is required, you are responsible for returning defective parts or systems to Apogee at your expense as outlined below:

 1. Prior to returning parts or systems to Apogee for warranty service, you must request a Return Merchandise Authorization (RMA) number from Apogee by calling 888-246-8435 or 850-484-7990.

 2. To request an RMA number, you must provide Apogee with your valid charge card number (VISA, MasterCard or other card acceptable to Apogee) or an Apogee-authorized open Purchase Order to cover the replacement cost of the part(s) or system(s). Apogee will process this charge if you fail to return the parts(s) or system(s) within the required timeframe. If you cannot provide your valid charge card number or Apogee-authorized open Purchase Order, Apogee will not ship replacement parts or systems until the defective part or system has been received by Apogee.

 3. Ship the part(s) or system(s) to Apogee in the original packaging, prepaid and insured by you with the RMA number clearly identified on the packaging.

 4. If you are shipping a hard drive or other device containing data, you are responsible for backing up such data prior to shipment. Apogee will not be responsible for data lost during the course of shipment, repair or replacement.

 5. Return of the above parts or systems to Apogee must be made at your expense within ten (10) business days (30 business days for international customers) from the date you obtain the RMA number. **

 6. Retain your shipping information, including tracking numbers, until your account has been credited by Apogee. This will serve as your proof of return.

 7. Replacement parts or systems will be shipped by Apogee, subject to availability, to domestic customers at Apogee's expense; via second day delivery service and at international customers’ expense within five (5) business days from the date the RMA number was obtained. Apogee shall not be responsible for failure of the delivery service to make on-time delivery.

 8. If Apogee determines that failure of the parts(s) or system(s) was not a result of a defect in materials or workmanship, Apogee reserves the right to charge you for parts and labor at Apogee’s then current labor rate. Apogee will advise you prior to assessing these charges.

 * You must pay all costs of returning defective parts or systems to Apogee, including insurance. International customers must pay all costs for returning parts or systems to Apogee and shipment from Apogee of replacement parts or systems. These costs may include insurance, import and export duties, and any other fees or charges imposed by government or quasi-governmental agencies or officials.

 ** If you return parts or systems to Apogee either: (I) without prior authorization from Apogee; or (ii) beyond the period prescribed by Apogee for such return; or (iii) without an RMA number written on the outside of the shipping container; or (iv) without proper packaging, Apogee retains the right to refuse delivery of such return and charge you the retail price of such parts or systems at the time the parts or systems were shipped to you (as determined by Apogee) plus a charge of $50 to cover Apogee's collection and handling costs. In the event a customer fails to return parts or systems to Apogee within the required time period, Apogee retains the right to: (I) charge the customer the retail price of such parts or systems at the time the parts or systems were shipped to the customer (as determined by Apogee) plus a charge of $50 to cover Apogee's collection and handling costs, (II) charge the customer for any other collection or legal expenses incurred by Apogee due to such failure to return (III) inactivate the customer’s account until such payment is made. While a customer's account is inactivated, Apogee shall not provide that customer with technical support or customer and warranty service.

LIMITATIONS

Systems sold by Apogee are not authorized for use as components in life support devices or systems without the express written approval of the President of Apogee. Apogee makes no warranty whatsoever with respect to software included in any system sold by Apogee, and all software is sold "as is" and "with all faults."

 Except as set forth herein, Apogee makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you.

 The warranties set forth herein give you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall Apogee be liable for any indirect, special, incidental or consequential damages, so that above exclusion or limitation may not apply to you.

GOVERNING LAW, JURISDICTION AND COSTS

These limited warranties are incorporated into and are essential and material provisions of the Terms and Conditions of Sale of Apogee parts and systems to you. The laws of the State of Florida shall govern all disputes arising out of or related to the limited warranties set forth herein (customer disputes). The customer hereby consents to the jurisdiction and venue of the State courts of Florida to resolve any and all customer disputes with Apogee, and the customer waives all defenses to such jurisdiction and venue including, but not limited to, any defense based on inconvenient forum. In the event the customer and Apogee are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys’ fees incurred.

OPTIONAL WARRANTY UPGRADE PACKAGES

THREE YEAR ON-SITE WARRANTY

Apogee will provide telephone technical support Monday-Friday 8:00am – 5:00pm to assist customers with hardware support.  Service technicians will be dispatched on the next business day to replace defective part(s) as determined by Apogee's technical support.

 On-site service for your Apogee Desktop System will be provided for a period of Three (3) years from the date of shipment. On-site service will be provided only for factory-installed parts or warranty replacement parts installed by an authorized service provider. On-site service will not be provided for external peripheral ("Peripherals") hardware such as the keyboard, monitor or mouse.

 Diagnostic support is provided by Apogee solely by telephone. On-site service is limited to the replacement of parts that Apogee Technical Support has previously determined are malfunctioning or other on-site services you may have purchased through Apogee. On-site service agreements are limited to the continental United States. This service is not available for international customers and is limited to the continental United States.  The terms and conditions stated under the three year limited warranty still apply. Third party hardware external to your Apogee system (including: printers, joysticks, game-pads, speakers, digital cameras etc.) ("Peripherals") are often covered by their respective manufacturers’ warranties, not by the Apogee On-site Warranties. Please consult the warranty documentation that accompanies the Peripheral for details.

SOFTWARE SUPPORT

Apogee provides telephone technical support service with respect to the configuration of factory-installed software for thirty (30) days from the date of shipment.