LIMITED WARRANTY
MagTek warrants that the products sold to Reseller pursuant to this Agreement will perform in accordance with
MagTek’s published specifications. This warranty shall be provided only for a period of ninety days from the date
of the shipment of the product from MagTek (the “Warranty Period”). This warranty shall apply only to the original
purchaser unless the buyer is authorized by MagTek to resell the products, in which event; this warranty shall apply
only to the first repurchase.
During the Warranty Period, should this product fail to conform to MagTek’s specifications, MagTek will, at its
option, repair or replace this product at no additional charge except as set forth below. Repair parts and replacement
products will be furnished on an exchange basis and will be either reconditioned or new. All replaced parts and
products become the property of MagTek. This limited warranty does not include service to repair damage to the
product resulting from accident, disaster, unreasonable use, misuse, abuse, customer’s negligence, Reseller’s
negligence, or non-MagTek modification of the product. MagTek reserves the right to examine the alleged
defective goods to determine whether the warranty is applicable.
Without limiting the generality of the foregoing, MagTek specifically disclaims any liability or warranty for goods
resold in other than MagTek’s original packages, and for goods modified, altered, or treated by customers.
Service may be obtained by delivering the product during the warranty period to MagTek (20801 S. Annalee Ave.,
Carson, CA 90746). If this product is delivered by mail or by an equivalent shipping carrier, the customer agrees to
insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the warranty service
location and to use the original shipping container or equivalent. MagTek will return the product, prepaid, via a three
(3) day shipping service. A Return Material Authorization (RMA) number must accompany all returns.
MAGTEK MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND MAGTEK DISCLAIMS ANY
WARRANTY OF ANY OTHER KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
EACH PURCHASER UNDERSTANDS THAT THE MAGTEK PRODUCT IS OFFERED AS IS. IF THIS
PRODUCT DOES NOT CONFORM TO MAGTEK’S SPECIFICATIONS, THE SOLE REMEDY SHALL BE
REPAIR OR REPLACEMENT AS PROVIDED ABOVE. MAGTEK’S LIABILITY, IF ANY, TO RESELLER
OR TO RESELLER’S CUSTOMERS, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO
MAGTEK BY RESELLER UNDER THIS AGREEMENT. IN NO EVENT WILL MAGTEK BE LIABLE TO
THE RESELLER OR THE RESELLER’S CUSTOMER FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE SUCH PRODUCT, EVEN IF MAGTEK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
LIMITATION ON LIABILITY
EXCEPT AS PROVIDED IN THE SECTIONS RELATING TO MAGTEK’S LIMITED WARRANTY,
MAGTEK’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE CONTRACT PRICE OF THE
PRODUCTS.
MAGTEK MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, EXPRESSED OR
IMPLIED, EXCEPT AS MAY BE STATED IN THIS AGREEMENT, AND MAGTEK DISCLAIMS ANY
IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MAGTEK SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
TO PERSONS OR PROPERTY. MAGTEK FURTHER LIMITS ITS LIABILITY OF ANY KIND WITH
RESPECT TO THE PRODUCTS, INCLUDING ANY NEGLIGENCE ON ITS PART, TO THE CONTRACT
PRICE FOR THE GOODS.
MAGTEK’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDIES ARE STATED IN THIS SECTION
AND IN THE SECTION RELATING TO MAGTEK’S LIMITED WARRANTY.
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