The policies and procedures herein apply to most U.S. domestic
Triton models shipped after October 1, 2006.

EXTENDED PARTS WARRANTY POLICY
This Extended Parts Warranty Statement and its addendums, attachments, schedules and exhibits, if any (this “Statement”), sets out the terms and conditions of Triton Systems of Delaware, Inc.’s (“Triton”) Extended Parts Warranty (“Extended Warranty”).  The Extended Warranty is available for up to an additional forty-eight (48) months on all new automated teller machines (“Units”) and Units still under our standard 13 month warranty (“Standard Warranty”).  Units that are no longer under Standard Warranty may still qualify for Extended Warranty.  Contact Triton’s service department for details.  

Items covered under the extended parts warranty include:

• System Control Board
• Power Supply
• Receipt Printer
• LCD Screen
• Keypad
• Magnetic Card Reader
• Cable and Harness (AC Power and Phone Cord Excluded))
• Cash Dispensing Mechanism 

Items NOT covered under the extended parts warranty include:

• Labor costs;
• Parts needed to repair damage done by any modification to the Unit without permission from Triton;
• Forgotten password or combination of lock;
• Any software used in the Units or to operate the Units, including, but not limited to, Triton Standard™ software;
• Return freight and handling charges to and from Triton (“Return Freight”);
• Damage from misuse, improper installation, or vandalism;
• Damage caused by power surge or low power conditions (brown out);
• Damage occurring during shipment of the Units or Replacement Items from or to Triton’s facility;
• Damage to the Unit resulting from abuse, negligence or accident, or to any loss or damage arising in transit;
• Damage caused by accident, impact with other objects, dropping, falls, spilled liquids, or immersion in liquids;
• Damage caused by failure to provide a suitable installation environment for the Unit, including, but not limited to, faulty wiring in the building in which the Unit is installed, installation in a facility with uncontrolled environmental conditions, failure to provide a dedicated electrical circuit on which the Unit operates, and/or lack of proper earth grounding for the Unit;
• Damage caused by the use of Unit for purposes other than those for which it was designed;
• Damage caused from improper maintenance of the Unit;
• Consumables and/or cosmetic parts needed for replacement due to normal wear and tear incurred in use;
• Damage from fire, lightning, earthquake, flood or any other “act of God";
• Cash cassettes; and
• Any other item that is not a Covered Item.

Under no circumstance shall Triton or its suppliers be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory based on Purchaser or a third‑party’s use or inability to use the Unit.  Such damages include, but are not limited to, loss of profits, loss of revenue, loss of data, loss of use of the Unit or any associated equipment, loss of capital, cost of substitute or replacement equipment, facilities or services, down‑time, Purchaser or a third‑party user’s time, the claims of third‑parties, including customers or injury to Property.

All service issues performed on the Units at the request of Purchaser or a third‑party user shall be performed by Triton authorized service providers (“Service Providers”).  To qualify for Extended Warranty coverage, Service Providers must be certified by Triton.

COST & PAYMENT
For the most current pricing, please see the Extended Warranty Pricing listed in the Distributor area of the website under “Services.”  Or, please contact your Triton sales representative for the latest price schedule.

The purchaser of an Extended Warranty (“Purchaser”) shall pay Triton the cost of the Extended Warranty at Triton’s current rates and charges without deductions, setoff or delay for any reason.  The cost of the Extended Warranty is calculated on a per Unit basis.  Prior to purchasing and executing this Extended Warranty, Purchaser and Triton shall agree on a list of Units to be covered by this Extended Warranty and said list shall be attached to this statement as Addendum 2 (“Covered Units”).  Triton only has Extended Warranty obligations for the Covered Units.  Prior to Addendum 2 being effective, each party must certify as such in writing by executing the attached Addendum 2.  Anytime thereafter, Purchaser shall notify Triton of any changes made to the Covered Units, such as ownership, installation location, phone number, password, and/or processor, as well as any Unit additions or deletions and Purchaser shall update and submit to Triton a revised Addendum 2, accordingly.  Any changes or updates to the Covered Units and Addendum 2 shall not be effective, until Purchaser and Triton have certified as such, by executing an amended Addendum 2.  The obligations set forth in this paragraph shall continue throughout the term of this Extended Warranty.

Triton will issue annual invoices for the cost of the Extended Warranty. Purchaser shall pay all invoices within thirty (30) days from the date of the invoice. Purchaser may opt to be charged automatically on a credit card for the cost of the Extended Warranty.  Purchaser’s failure to make payments on time may result in termination of the Extended Warranty.

Triton will issue periodic invoices for Excluded Items purchased by Purchaser.  Purchaser shall pay all invoices within thirty (30) days from the date of the invoice.  Purchaser may opt to be charged automatically on a credit card for the cost of Excluded Items.  Purchaser’s failure to make payments on time may result in termination of the Extended Warranty. 

Purchaser may request that Triton cancel the Extended Warranty prior to expiration.  Triton, at its sole discretion, has the right to approve or reject Purchaser’s request to cancel. If Triton approves Purchaser’s request, Triton may, at its sole discretion, reimburse Purchaser up to 50% of any unused portion of the Extended Warranty. 

Triton may cancel the Extended Warranty at any time, provided that Triton provides Purchaser 30‑days’ prior written notice that the Extended Warranty is being cancelled and Triton reimburses Purchaser an amount equal to the unused portion of the Extended Warranty.

RETURN POLICY
The Purchaser is financially liable for the return of a defective Covered Item and must pay all Return Freight. Defective Covered Items must have a return merchandise authorization and utilize a shipping method that provides shipping capabilities.

Defective Covered Items must be received by Triton within thirty (30) working days from the date of receiving the Replacement Item. In the event that the Purchaser fails to return defective Covered Items, Triton may place that Purchaser's account on hold and no Replacement Items will be shipped for any Standard Warranty or Extended Warranty returns under the Purchaser's management until the defective Covered Item in question is received by Triton.

The Purchaser must complete and sign a component history repair form and return it to Triton along with the defective Covered Item.

Triton will inspect returned Covered Items and test to verify any problems or failures. If no defects are found, Triton will notify the Purchaser and reserve the right to bill the Purchaser for Return Freight, in house test time and part usage.

Any Covered Item tested and subsequently determined to be an Excluded Item will be invoiced to the Purchaser for the full cost of the Excluded Item including Return Freight.

The following information must be provided by the Purchaser requesting Replacement Items:

• Extended Warranty contract number;
• Unit serial number;
• Unit phone number / Machine Network ID;
• Covered Item serial number; and
• Unit site phone number (if applicable) and contact name.

OTHER CLAIMS: SHIPPING DAMAGE
All Units and Replacement Items are shipped FOB, Triton’s facilities. Purchaser assumes responsibility for Units or Replacement Items once such Units or Replacement Items leave Triton’s facilities.

If the Unit or Replacement Item receive structural damage and are in an un-installable condition, Triton will use commercially reasonable efforts to arrange for a replacement Unit or Replacement Item to be shipped within a reasonable time. Purchaser will be billed for the replacement Unit or Replacement Item. Triton will repair the damaged Unit or Replacement Item after it is returned to Triton. Triton will credit Purchaser’s account for the full purchase price of the damaged Unit or Replacement Item, minus the cost of returning the Unit or Replacement Item to ‘like new” condition. Triton does not authorize anyone to complete structural damage repairs to any Unit or Replacement Item. Triton will not ship primary structural parts, such as a cabinet head or main cabinet body for repair in the field.

EXTENDED WARRANTY COVENANTS
Triton has a right to dial into the Unit terminal through remote management software for service and maintenance purposes.

Triton reserves the right to replace defective Covered Items with new or refurbished Replacement Items.

Purchaser agrees to permit Triton, upon Triton providing prior reasonable notice to Purchaser, to inspect and audit Purchaser’s inventory reserves, facilities, books and records for matters relating to this Extended Warranty.  Purchaser further authorizes Triton to request any information related to this Extended Warranty directly from any third‑party user and further agrees to authorize such third‑party user to release such information to Triton upon its request. 

EXTENDED PARTS WARRANTY STATEMENT
Purchaser shall provide Triton with prompt written notice and explanation of circumstances surrounding any claims that the Covered Items have proved defective in material or workmanship. No claim may be made, or action brought, by or through a Purchaser after the expiration of this warranty following any alleged breach of warranty. PURCHASER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF DEFECT IN A COVERED ITEM IS EXPRESSLY LIMITED TO THE REPLACEMENT OR CORRECTION OF SUCH DEFECTIVE COVERED ITEM BY TRITON AT TRITON’S ELECTION AND SOLE EXPENSE, EXCEPT THAT THERE SHALL BE NO OBLIGATION TO REPLACE OR REPAIR COVERED ITEMS WHICH BY THEIR NATURE ARE EXPENDABLE. If Triton is unable to replace or repair the defective Covered Items, Triton shall refund to Purchaser that portion of the purchase price allocable to such Covered Items.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT NOT SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE COVERED ITEMS OR UNIT, AS A WHOLE, SHALL BE OR BE DEEMED TO BE A WARRANTY OR REPRESENTATION BY TRITON FOR ANY PURPOSE, NOR GIVE RISE TO ANY LIABILITY OR OBLIGATION OF TRITON WHATSOEVER.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS STATEMENT, THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL TRITON BE LIABLE FOR LOSS OF PROFITS OR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH OF OR OBLIGATIONS UNDER THIS STATEMENT.

DEFENSE OF INFRINGEMENT CLAIMS
Triton will, at its own expense, defend and hold Purchaser harmless from and against any action brought against Purchaser by a third party to the extent that such action is based on a claim that Purchaser’s use of the Unit infringes a United States patent or other intellectual property right of a third party, provided that Purchaser promptly notifies Triton in writing (by airmail or overnight courier) of such claim and provides all necessary and required information and reasonable assistance regarding such claim.  Triton has sole authority to defend, negotiate or settle the claim.  If Purchaser’s use of the Unit is found to be infringing, Triton may at its option obtain for Purchaser the right to continue using the Unit, replace or modify the Unit so that it is no longer infringing, or direct Purchaser to cease use of the Unit and refund to Purchaser the depreciated cost thereof (as determined in accordance with the generally accepted accounting principles of the United States). Triton shall not have any liability to Purchaser under any provision of this clause if any infringement, or claim thereof, is based upon: (i) the use of the Unit in combination with other goods or devices which are not made by Triton; (ii) the use of the Unit in practicing any process; (iii) the furnishing to Purchaser of any information, date, service or applications assistance; or (iv) the use of the Unit with modifications made by Purchaser. Purchaser shall hold Triton harmless against any expense, judgment or loss for infringement of any patent or other intellectual property right which results from Triton’s compliance with Purchaser’s designs, specifications or instructions. No costs or expenses shall be incurred for the account of Triton without the prior written consent of Triton. THE FOREGOING STATES TRITON’S SOLE OBLIGATION FOR ANY THIRD PARTY INFRINGEMENT CLAIM OF ANY KIND UNDER THIS STATEMENT WITH RESPECT TO THE UNIT.

ENTIRE AGREEMENT
This Statement is intended by the parties as final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this Statement. Acceptance or acquiescence in a course of performance rendered under this Statement shall not be relevant to determine the meaning of this Statement even though the accepting or acquiescing party has knowledge of the performance and opportunity to object. Whenever a term defined by the Uniform Commercial Code (the “Code”), as adopted in Mississippi, is used in this Statement, the definition contained in the Code is to control.

MODIFICATIONS/WAIVER
No supplement, modification or amendment of this Statement shall be binding unless executed in writing by the parties to this Statement.  No waiver of any of the provisions of this Statement shall be deemed, or shall constitute, waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing the party making the waiver.

RIGHTS OF PARTIES
Nothing in this Statement, whether expressed or implied, is intended to confer any benefit, right or remedy under or by reason of this Statement on any other parties and their respective successor and permitted assigns, nor is anything in this Statement intended to relieve or discharge the obligation or reliability of any other person or party, nor shall any provision give any other person or party any right of subrogation or action over or against Triton.

SURVIVAL
Any action by Purchaser or Triton for breach of this Statement must be commenced within one (1) year after the cause of action has accrued.

APPLICABLE LAW
This Statement shall be governed by and construed in accordance with the provisions of the Code as adopted by the State of Mississippi, without giving effect to the conflict of principles thereof.

BANKRUPTCY
In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against Purchaser, or in the event of the appointment, with or without Purchaser’s consent, of an assignee for the benefit of creditors or of a receiver or of a liquidator, then Triton shall be entitled to cancel any length of the term remaining under the Extended Warranty without any liability whatsoever.

Miscellaneous
The information in this Statement has been carefully checked and is believed to be accurate. However, Triton assumes no responsibility for any inaccuracies, errors, or omissions that may be contained in this Statement. In no event will Triton be liable for direct, indirect, special, incidental, or consequential damages resulting from any defect or omission in this Statement, even if advised of the possibility of such damages.

In the interest of continued product development, Triton reserves the right to make improvements in any or all of its documentation, including but not limited to this Statement, and the products it describes at any time, without notice or obligation.

This Statement is protected by copyright and all rights are reserved. No part of this Statement may be reproduced or transmitted by any means or in any form, without Triton’s prior written consent.

 DISCLAIMER OF WARRANTIES
THE STANDARD WARRANTY AND THE EXTENDED WARRANTY ARE THE ONLY WARRANTIES APPLICABLE TO THE UNIT. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR QUALITY OF SERVICE), ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRITON, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE STANDARD WARRANTY OR THE EXTENDED WARRANTY.

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PURCHASER'S SIGNATURE BELOW ACKNOWLEDGES THAT PURCHASER HAS READ AND UNDERSTANDS EACH OF THE TERMS AND CONDITIONS OF THIS STATEMENT AND AGREES TO BE BOUND BY THE SAME.

DATED: ___________________________

Addendum 2
Units

The parties acknowledge and agree that as of the date written below, the Units identified on this Addendum 2 shall be the Covered Units as described in the Statement.
If ordered at the time of machine purchase, the following information will be added to the sales order.

Machine Model #                        Serial Number                  EPW term (1 or 4 yrs)