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PocketSurfer
freight collect. If the Product is returned to PocketSurfer after the expiration of the limited warranty
period, PocketSurfer's normal service policies shall apply and the Consumer will be responsible for all
shipping charges.
9. The Product consists of newly assembled equipment that may contain used components that have
been reprocessed to allow machine compliance with Product performance and reliability specifications.
10. ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR
USE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY.
OTHERWISE, THE FOREGOING LIMITED WARRANTY IS THE CONSUMER'S SOLE AND EXCLUSIVE
REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. POCKETSURFER SHALL
NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOSS OF
ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, PUNITIVE DAMAGES, LOSS OF
USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY
SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES,
INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF
THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE,
STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF POCKETSURFER KNEW OF THE
LIKELIHOOD OF SUCH DAMAGES. POCKETSURFER SHALL NOT BE LIABLE FOR DELAY IN RENDERING
SERVICE UNDER THE LIMITED WARRANTY,
OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.
11. Some states do not allow limitation of how long an implied warranty lasts, so the above warranty
Period limitation may not apply to you (the Consumer). Some states do not allow the exclusion or
limitation of incidental and consequential damages, so certain of the above limitations or exclusions may
not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the
Consumer may also have other rights which vary from state to state.
12. PocketSurfer neither assumes nor authorizes any authorized service center or any other person or
entity to assume for it any other obligation or liability beyond that which is expressly provided for in this
limited warranty including the provider or seller of any extended warranty or service agreement.
13. This is the entire warranty between PocketSurfer and the Consumer, and supersedes all prior and
contemporaneous agreements or understandings, oral or written, and all communications relating to the
Product, and no representation, promise or condition not contained herein shall modify these terms.
14. This limited warranty allocates the risk of failure of the Product between the Consumer and
PocketSurfer. The allocation is recognized by the Consumer and is reflected in the purchase price of the
Product.
15. Any action or lawsuit for breach of warranty must be commenced within eighteen (18) months
following delivery of the Product.
16. Questions concerning this limited warranty may be directed to:
Customer Service, USA
555 Rene Levesque West, #1130
Montreal, PQ H2Z 1B1
Telephone: 1-514-871-0984
Email: [email protected]
17. The limited warranty period for PocketSurfer supplied attachments and accessories is specifically
defined within their own warranty cards and packaging.
©DataWind is a registered trademark of DataWind, Inc.
