LIMITED WARRANTY AND INDEMNITY
Manufacturer’s Limited Warranty for the Products is posted on the
Manufacturer’s website at www.avagrows.com
General limitation of Warranty
OTHER THAN THE LIMITED WARRANTIES STATED IN THE
PARAGRAPHS BELOW, ALL OTHER WARRANTIES ARE EXPRESSLY
EXCLUDED AND DISCLAIMED INCLUDING, WITHOUT LIMITATION,
EXPRESSED AND IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF
TRADE, OR COURSE OF PERFORMANCE. AVA’S LIABILITY TO
BUYER ARISING OUT OF OR RELATING TO ANY PRODUCTS SHALL
NOT EXCEED THE AGGREGATE AMOUNTS PAID BY BUYER TO
AVA FOR SUCH PRODUCTS. IN NO EVENT WILL AVA BE LIABLE
FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT
OF SUBSTITUTE GOODS, OR ANY OTHER SPECIAL, INDIRECT,
RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF
WHETHER AVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. AVA shall have no liability under
any limited warranty, unless AVA is notified in writing promptly upon Buyer’s
discovery of the defect and the defective items are returned to AVA or its
distributors via a return merchandise authorization (RMA), freight prepaid, and
received by AVA or its distributors not later than ten (10) days after expiration
of the warranty period.
Limited Warranty for Products
AVA Technologies Inc. warrants that the PRODUCTS manufactured,
distributed or sold by it will be free of any claim of ownership by third parties
and be free from defects in materials and workmanship. This limited warranty
does not apply to damage resulting from commercial, abusive or unreasonable
use. The warranty period specified herein for the PRODUCT will be for a
period of
one year
from the shipment date of any PRODUCTS sold by AVA
Technologies Inc. Should PRODUCTS fail to operate in accordance with this
warranty, AVA will, at its sole discretion, repair or replace such PRODUCTS,
freight prepaid, or credit Buyer for the purchase price, subject, for the sake of
clarity, to the limited warranty Terms and Conditions. AVA reserves the right
to test the returned PRODUCT prior to issuing any credit or replacement
PRODUCT, as applicable. In the event PRODUCTS have been discontinued
or PRODUCTS are no longer available, AVA may substitute with a comparable
item.
Specific Limitation of Warranty
The limited warranty of AVA Technologies Inc. DOES NOT apply to
PRODUCTS which are (1) identified by AVA as prototypes or preproduction
units; (2) incorporated into any third-party product; (3) modified or
customized to meet the BUYER Specifications; (4) dissembled, repaired,
modified or altered by any party other than AVA; (5) used in conjunction
with equipment not provided by, or acknowledged as compatible by, AVA;
(6) subjected to unusual physical, thermal, or electrical stress; (7) damaged
due to misuse, abuse, contamination, operation or storage or exposure to
improper electrical values, operating ranges and environmental conditions;
(8) damaged due to accident or negligence in use, storage, transportation
or handling; (9) resold or made available to the customer or market under a
private label; or (10) damaged or fails to perform as a result of an Act of God or
used in violation of any applicable standard, code or instructions for use in the
applicable country of sale.
Note: If you experience a problem or have questions email support@avagrows.
com. Please be sure to specify the model number and serial number located on
the label of your unit.
