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GIA Polariscope
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GIA Polariscope
Any returned GIA Polariscope must be packaged in the original packaging or in
packaging that is described in the RMA or is otherwise approved in advance by GIA
and which adequately protects the GIA Polariscope during shipment to GIA. Any loss
or damage to the GIA Polariscope that occurs during shipment to GIA will be at the
original purchaser’s sole risk.
If the returned GIA Polariscope is defective, then GIA will provide one of the remedies
set forth above. Replacement parts included by GIA in a repaired GIA Polariscope
may be new or refurbished, at the discretion of GIA. All parts that are replaced shall
become the property of GIA.
Shipment to the original purchaser of the repaired or replacement GIA Polariscope
shall be at GIA’s cost and expense. Any loss or damage to the GIA Polariscope that
occurs during return shipment by GIA to the original purchaser will be at GIA’s sole
risk.
If GIA determines that a GIA Polariscope returned to GIA is not defective or is not
covered by the limited warranty set forth above, the original purchaser shall pay or
reimburse GIA for all costs of investigating and responding to such request at GIA’s
then-prevailing time and materials rates, including but not limited to the cost of
shipping the GIA Polariscope back to the original purchaser.
If GIA provides repair services or replacement parts that are not covered by the
limited warranty, the original purchaser shall pay GIA for such services and parts at
GIA’s then current rates and prices.
DISCLAIMER OF ALL OTHER WARRANTIES
EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH ABOVE, GIA, ITS
SUPPLIERS AND ITS LICENSORS AND MANUFACTURERS MAKE NO OTHER
REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WRITTEN OR ORAL, WITH RESPECT
TO THE GIA POLARISCOPE OR WITH RESPECT TO THE RESULTS THAT WILL OR WILL
NOT BE ACHIEVED USING THE GIA POLARISCOPE, INCLUDING THE GIA POLARISCOPE
IS PROVIDED “AS IS”. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED,
INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTIES ARISING
FROM COURSE OF DEALING, USAGE, TRADE OR ANY OTHER MANNER.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GIA NOR ANY OF
ITS SUPPLIERS OR LICENSORS OR MANUFACTURERS SHALL BE LIABLE TO THE
ORIGINAL PURCHASER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, RELIANCE, PUNITIVE, OR
EXEMPLARY DAMAGES, LOST REVENUES, PROFITS OR BUSINESS, OR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED
TO THE GIA POLARISCOPE, THE USE OF THE GIA POLARISCOPE, OR THE RESULTS OR
OUTPUT FROM THE GIA POLARISCOPE, EVEN IF AN AUTHORIZED REPRESENTATIVE
OF GIA IS AWARE OF OR IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF ANY
SUCH DAMAGES OR AMOUNTS.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIA’S
TOTAL CUMULATIVE LIABILITY TO THE ORIGINAL PURCHASER OR ANY OTHER
PERSON OR ENTITY ARISING FROM OR RELATED TO THE GIA POLARISCOPE, THE
USE OF THE GIA POLARISCOPE, OR THE RESULTS OR OUTPUT FROM THE GIA
POLARISCOPE EXCEED THE PRICE PAID TO GIA FOR THE GIA POLARISCOPE OR IF
NO PURCHASE PRICE WAS PAID TO GIA, THEN THE SUM OF ONE HUNDRED U.S.
DOLLARS (US$100).
THE TERMS IN THIS SECTION (LIMITATION OF LIABILITY) AND IN THE SECTIONS
RELATED TO THE WARRANTY MADE BY GIA (INCLUDING BUT NOT LIMITED TO
REMEDIES, WARRANTY EXCLUSIONS AND WARRANTY DISCLAIMERS) SHALL APPLY
(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (B) REGARDLESS
OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY
AND NEGLIGENCE), BREACH OF WARRANTY, OR ANY OTHER THEORY OF LIABILITY,
AND (C) EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME
STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN
CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING LIMITATION/EXCLUSION OF
DAMAGES MAY NOT APPLY IN ALL CIRCUMSTANCES.
THE TERMS IN THIS SECTION (LIMITATION OF LIABILITY) AND IN THE SECTION
ENTITLED “SOLE AND EXCLUSIVE REMEDY” ARE AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN THE PARTIES.
If you have any questions concerning use and care of your product, available
accessories, or service, please call +1 760 603 4200, or toll free +1 800 421 8161
(U.S. only). You may also fax to +1 760 603 4262, or toll free +1 888 421 7728
(U.S. only). Or please write to GIA, World Headquarters, The Robert Mouawad
Campus, 5345 Armada Drive, Carlsbad, CA 92008, USA. Don’t forget to visit our
website at GIA.edu for customer support service and our catalog online for the latest
available products and accessories.
