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LIMITATION OF REMEDIES
Except where prohibited by law, liability of Vioguard for an
alleged defective product shall be limited to the replacement
of the product or a refund of the purchase price, at Vioguard’s
sole option. The foregoing constitutes buyer’s sole and exclusive
remedy, in lieu of all other remedies, for Vioguard furnishing
defective or nonconforming products, materials, parts or service.
LIMITATION OF LIABILITY
Except where prohibited by law, Vioguard’s total liability to the
buyer or any other third-party for all types of losses or damage,
whether on account of negligence, strict liability in tort, breach
of contract, breach of warranty or otherwise, at law or in equity,
shall in no event exceed the total contract price for any product
with respect to which losses or damage occurred and shall not
exceed the price you paid for the Vioguard UVBK50 V2.0. No
consequential damages except where prohibited by law, in no
event, including late delivery or failure to deliver, shall Vioguard
be liable to anyone for special, collateral, indirect, exemplary,
incidental, consequential or punitive damages arising from any
breach of any of the provisions of this agreement, including
without limitation, provisions regarding warranties, guarantees,
indemnities and patent infringement (such excluded damages to
include but not be limited to, costs of removal and reinstallation
of products or items, loss of goodwill, loss of revenue, loss of actual
or anticipated profits, loss of use, loss or corruption of data or loss
of privacy, any inability to use all or part of the Vioguard self-
sanitizing keyboard, personal injury or any failure to meet any duty
(including any duty of reasonable care or of workmanlike effort)
or any claim under contract (including any claim for fundamental
breach and for any rights conferred by any sale of goods act).
These limitations and exclusions shall apply notwithstanding
any failure of any essential purpose of any limited remedy and
shall apply even if Vioguard or any supplier or agent has been
advised of the possibility of such losses or damages or in the event
of fault, tort (including negligence), strict or product liability,
misrepresentation or other reason. This clause will survive the
termination of this contract by the provisions contained therein or
through the operation of law. some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Warranty Information
Limitation of Remedies/Limitation of Liability
if the product(s) cannot be repaired or replaced, Vioguard will
refund the price paid for the defective product. Such repairs or
replacement will be made at no charge to you for parts or labor,
provided that you shall be responsible for any transportation cost.
If Vioguard elects to repair or replace such products, Vioguard
shall have a reasonable time to make such repair or replacement.
Note:
Repairs have a 90-day warranty. If the Vioguard UVKB50
V2.0 sent in is still under its original warranty, the new warranty is 90
days or to the end of the original one-year warranty, whichever is
longer.
HOW TO OBTAIN WARRANTY SERVICE
To obtain Warranty Service, you must do the following:
1. Promptly notify Vioguard (1-866-910-0471 or i
)
upon discovery of the product(s)’ failure to perform as warranted,
with a detailed explanation of the problem and proof of the date
and time of purchase.
2. Receive a Return Material Authorization (“RMA”) number from
Vioguard.
3. Notify Vioguard of the intended shipment date to allow
Vioguard to arrange for shipment should Vioguard so desire.
4. Return the product(s) to Vioguard with the RMA number as
directed by Vioguard.
CHANGES TO WARRANTY SERVICE
Warranty service conditions are subject to change. For the
latest warranty service terms and conditions see:
vioguard.com/
warranties.
LIMITATIONS ON WARRANTY SERVICE
Vioguard will not provide warranty service if Vioguard’s
examination of the returned product discloses that problems with
the product do not exist or were caused by accident, misuse,
abuse, mishandling, neglect, alteration, negligence, unauthorized
repair or alteration by anyone other than Vioguard. Specifically,
and without limiting the preceding, warranty service will not be
provided and the limited warranty shall be void if anyone other
than Vioguard replace (or attempt to replace) the disinfection
lamps or use the Vioguard UVKB50 V2.0 with any lamps other than
those specified by Vioguard. If warranty service is declined for
any of the above, Vioguard will return the product to you at your
expense. Any replacement or repair shall fulfill all of Vioguard’s
responsibility to you under any legal theory, including, but not
limited to, contract, tort, indemnity, statutory provision or otherwise.
