49
LIMITED WARRANTY, DISCLAIMER OF WARRANTIES AND LIMITED REMEDY
(A) LIMITED WARRANTY. FRANKLIN WARRANTS TO THE ORIGINAL END USER THAT
FOR A PERIOD OF ONE (1) YEAR FROM THE ORIGINAL DATE OF PURCHASE AS
EVIDENCED BY A COPY OF YOUR RECEIPT, YOUR FRANKLIN PRODUCT SHALL BE FREE
FROM DEFECTS IN MATERIALS AND WORKMANSHIP. THIS LIMITED WARRANTY DOES
NOT INCLUDE DAMAGE DUE TO ACTS OF GOD, ACCIDENT, MISUSE, ABUSE,
NEGLIGENCE, MODIFICATION, UNSUITABLE ENVIRONMENT OR IMPROPER
MAINTENANCE. THE SOLE OBLIGATION AND LIABILITY OF FRANKLIN, AND YOUR
EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY, WILL BE REPAIR OR
REPLACEMENT WITH THE SAME OR AN EQUIVALENT PRODUCT OF THE DEFECTIVE
PORTION OF THE PRODUCT, AT THE SOLE OPTION OF FRANKLIN IF IT DETERMINES
THAT THE PRODUCT WAS DEFECTIVE AND THE DEFECTS AROSE WITHIN THE
DURATION OF THE LIMITED WARRANTY. THIS REMEDY IS YOUR EXCLUSIVE REMEDY
FOR BREACH OF THIS WARRANTY. THIS WARRANTY GIVES YOU CERTAIN RIGHTS; YOU
MAY ALSO HAVE OTHER LEGISLATED RIGHTS THAT MAY VARY FROM JURISDICTION
TO JURISDICTION.
(B) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. EXCEPT FOR THE
LIMITED WARRANTIES EXPRESSLY RECITED ABOVE, THIS FRANKLIN IS PROVIDED ON
AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE
QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE
ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THIS
WARRANTY APPLIES ONLY TO PRODUCTS MANUFACTURED BY FRANKLIN AND DOES
NOT INCLUDE BATTERIES, CORROSION OF BATTERY CONTACTS OR ANY OTHER
DAMAGE CAUSED BY BATTERIES. NEITHER FRANKLIN NOR OUR DEALERS OR
SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST
OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE OTHERWISE
FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THAT OF OUR DEALERS AND
SUPPLIERS, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE FRANKLIN
PRODUCT AS EVIDENCED BY YOUR PURCHASE RECEIPT. YOU ACKNOWLEDGE THAT
THIS IS A REASONABLE ALLOCATION OF RISK. SOME STATES/COUNTRIES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THE
LAWS OF THE RELEVANT JURISDICTION DO NOT PERMIT FULL WAIVER OF IMPLIED
WARRANTIES, THEN THE DURATION OF IMPLIED WARRANTIES AND CONDITIONS ARE
LIMITED TO THE DURATION OF THE EXPRESS WARRANTY GRANTED HEREIN.
(C) WARRANTY SERVICE: UPON DISCOVERING A DEFECT, YOU MUST CALL FRANKLIN’S
CUSTOMER SERVICE DESK, 1-800-266-5626, TO REQUEST A RETURN MERCHANDISE
AUTHORIZATION (“RMA”) NUMBER, BEFORE RETURNING THE PRODUCT
(TRANSPORTATION CHARGES PREPAID) TO:
FRANKLIN ELECTRONIC PUBLISHERS, INC.
ATTN: SERVICE DEPARTMENT
ONE FRANKLIN PLAZA
BURLINGTON, NJ 08016-4907
IF YOU RETURN A FRANKLIN PRODUCT, PLEASE INCLUDE A NOTE WITH THE RMA,
YOUR NAME, ADDRESS, TELEPHONE NUMBER, A BRIEF DESCRIPTION OF THE DEFECT
AND A COPY OF YOUR SALES RECEIPT AS PROOF OF YOUR ORIGINAL DATE OF
PURCHASE. YOU MUST ALSO WRITE THE RMA PROMINENTLY ON THE PACKAGE IF
YOU RETURN THE PRODUCT, OTHERWISE THERE MAY BE A LENGTHY DELAY IN THE
PROCESSING OF YOUR RETURN. WE STRONGLY RECOMMEND USING A TRACKABLE
FORM OF DELIVERY TO FRANKLIN FOR YOUR RETURN.
Limited Warranty (U.S. only)
