Product Warranty, Disclaimers, Terms and Conditions, Returns
1.
Limited Product Warranty
1.1.
Limited Warranty. Zorpro warrants to original Buyer that for a period of one (1)
year from the date of shipment of the product that such product will materially conform
to specifications set forth in the Instruction Manual and be free from material defects in
material and workmanship.
1.2.
Disclaimer:
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1.1
ABOVE, ZORPRO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO
THE PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B)
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS
OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE OR OTHERWISE.
1.3.
Limitation of Remedy. Buyer’s sole and exclusive remedy for any defect in the
product, whether the claim arises by virtue of the limited warranty or otherwise, shall
be limited to the repair or replacement (at Zorpro’s option) of such product. If, within
the warranty period, Buyer believes the product to be defective, Buyer must promptly
notify Zorpro of the nature of the defect. The product may not be returned without first
obtaining Zorpro’s authorization and shipping instructions. If the product is defective
and Zorpro is unable to repair the product to conform to the limited warranty, Zorpro
will, at its option, either refund the purchase price or provide a replacement product
which conforms to the limited warranty. The replaced or repaired product will have a
limited warranty of 365 days from delivery of original product purchase date.
2.
Limitation of Liability
2.1
No Consequential or Indirect Damages. IN NO EVENT SHALL ZORPRO BE
LIABLE TO BUYER, OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR
LOST PROFITS OR REVENUES, ARISING OUT OF, RELATING TO, OR IN
CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A)
WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ZORPRO
WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM
IS BASED.
2.2.
Maximum Liability. IN NO EVENT SHALL ZORPRO’S LIABILITY ARISING OUT
OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED