as listed below, separate “Coverage Periods” for Parts and Labor, each
Coverage Period for one year, to begin from the original date of Customer
purchase. If Customer returns a defective Product (or any component thereof)
during the applicable Warranty Period, SUMMITELECTRONICSLLC will, at its
option, during the specified Coverage Periods for Parts and Labor (as
applicable) either: (i) repair the Product (or, as applicable, any component
thereof) or (ii) replace the Product (or, as applicable, any component thereof)
with a new or refurbished Product (or, as applicable, any component thereof),
in either case free of charge to Customer for Parts and/ or Labor (as
applicable) during the specified Coverage Period only, and excluding applicable
shipping charges (noted below), for which the Customer is responsible. The
foregoing states the Customer’s exclusive remedy and SUMMIT
ELECTRONICS LLC’s sole liability for breach of the limited warranty contained
herein.
This Warranty specifically excludes any Product (or, as applicable, any
component thereof) that has been subject to or Defects resulting from: (a) any
neglect or misuse by a Customer, an accident, improper application, violation of
operating instructions for the Product, any other Customer-induced damage, or
the alteration or removal of any Product serial number: (b) any modification or
repair to Product (or, as applicable, any component thereof) by any party other
than SUMMIT ELECTRONICS LLC or a party authorized in writing by SUMMIT
ELECTRONICS LLC; (c) any damage to Product (or, as applicable, any
component thereof) due to power surges, incorrect electrical voltage,
misconnection to any device, or malfunction of any device used with the
Product (or, as applicable, any component thereof); (d) cosmetic damage to the
Product (or, as applicable, any component thereof) caused by normal wear and
tear; (e) shipping damage that occurs while the Product is in transit; (f) damage
caused by heat sources, sunlight, electromagnetic conditions, or other climatic
conditions; or (g) any acts of God. Product is sold to Customer for personal,
non-commercial use only. Product is not warranted for Customer’s commercial
or rental use.
In addition, Product is not warranted against failure, and should not be used
by Customer for any application where (i) there is a risk that any data stored on
Product will be breached or otherwise compromised, or (ii) the data stored on
Product is relied upon for medical or lifesaving applications. SUMMIT
ELECTRONICS LLC disclaims any Warranty for any of the foregoing uses to
the fullest extent permitted by law. Customer assumes any and all risks
associated with such uses of Product and agrees to indemnify SUMMIT
ELECTRONICS LLC for any damages claimed against SUMMIT
ELECTRONICS LLC for such uses. EXCEPT FOR EXPRESS WARRANTIES
STATED ABOVE AND TO THE MAXIMUM EXTENTPERMITTED BYLAW, THE
PRODUCTS ARE PROVIDED “AS IS”, AND SUMMIT ELECTRONICS LLC
DISCLAIMS ALLOTHER WARRANTIES, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY(I) OF MERCHANTABILITY, (II) OF FITNESS FOR
APARTICULAR PURPOSE, OR (III) OF NON-INFRINGEMENT OF THIRD-
PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL SUMMIT ELECTRO- NICS LLC BE LIABLE TO
CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES,
LOSS OR INACCURACY OF ANY DATA OR COST OF SUBSTITUTE
GOODS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING
NEGLIGENCE) AND EVEN IF SUMMIT ELECTRONICS LLC HAS BEEN
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