10
6.
Warranty
As set out in the Agreement, Acuva products come with the following limited warranty.
6. Limited Warranty
a.
Scope and Period.
Acuva warrants to you that the Product will be free from defects in materials
and workmanship under normal use for 2 years from the original date of purchase by you (the
"
Warranty Period
"). The limited warranty in this Agreement (the “
Limited Warranty
”) is not
transferable by you. All subsequent purchasers acquire the Product "as is" without benefit of the
Limited Warranty. Where you purchased the Product from Acuva's Site or other online vendors
the date of purchase is the date of the purchase invoice issued to you by Acuva or such online
vendors by email. Where you purchased the Product from an authorized reseller at a physical
location, the date of purchase is the date of the invoice issued to you at the physical location.
b.
Defects.
In the event Acuva determines that the Product is defective, Acuva may in its discretion:
(i) replace the defective Product with a new Product; or (ii) refund to you the purchase price you
paid for the Product. SECTION 6(b) IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.
c.
Replacement.
Where the Product is replaced during the Warranty Period, except as otherwise
prohibited by applicable laws, the warranty for the replaced Product, as applicable, will expire
upon the expiration of the original Warranty Period. Any warranty service or support under this
Limited Warranty is conditioned upon your return of the Product to Acuva. Where there has been
a replacement of the Product, the Product, as provided pursuant to this limited warranty, becomes
your property and the Product being replaced becomes Acuva's property. Where there is a refund,
you will return the Product to Acuva and such Product becomes Acuva's property. Acuva may
condition a refund or replacement on you returning the product or require you to provide a credit
card number, which will be charged only if you fail to return the Product. SECTION 6(c) IS NOT
APPLICABLE TO RESIDENTS OF QUEBEC.
d.
Exclusions.
The
limited
warranty does not apply:
i.
to normal wear and tear;
ii.
if the Product was not purchased from Acuva or its authorized retailers;
iii.
to damage caused by misuse, corrosion, moisture or liquids, proximity or exposure to heat
or external environment, accident, abuse, misuse, neglect, improper installation or
misapplication;
iv.
to physical damage to the Product;
v.
to any software, whether or not supplied by Acuva.