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ILLUMAGEAR® Limited Product Warranty
1. Except as provided in Paragraph 2, below, Illumagear
warrants to the purchaser of the Products (“Buyer”) that all
Illumagear equipment and products (collectively “Products”)
shipped by Illumagear to Buyer, its subsidiaries, affiliates,
divisions, agencies, agents, or representatives (collectively
“Warrantees”), and all goods used or embodied in such
Products:
a. For a period of twelve (12) months from the date
of delivery to the Buyer (the “Warranty Period”), shall
be free from defects in operation, workmanship and
materials, shall conform in all respects with all labeling,
product insert sheets and product specifications, and
shall be merchantable.
b. As of the date of shipment, shall be transferred with
good and marketable title, free and clear of any liens or
encumbrances.
2. Illumagear warrants to Buyer that any and all batteries
accompanying the Products (collectively, “Battery”), shall for
a period of ninety (90) days (“Battery Warranty Period”), be
free from defects in operation, workmanship and materials,
shall conform in all respects with all labeling and insert
sheets, and shall be merchantable.
3. During the Warranty Period or Battery Warranty Period, as
applicable, Illumagear shall promptly fix or replace, at no
cost to Buyer, any Product or Battery that is defective. The
decision whether to fix or replace the Product or Battery
shall be at the sole discretion of Illumagear. Illumagear shall
pay all taxes, transportation and other costs and expenses
incurred by Buyer in the replacement of any defective
Product or Battery.
4. THE WARRANTIES CONTAINED IN PARAGRAPHS 1 AND
2 HEREOF SHALL BE CONTINGENT UPON PROPER USE
AND STORAGE OF THE PRODUCTS AND BATTERY.
ANY MISUSE OF THE PRODUCTS OR BATTERY, ANY
ALTERATIONS OR MODIFICATIONS TO THE PRODUCTS
OR BATTERY, OR DAMAGE CAUSED BY THE NEGLIGENCE
OR WRONGFUL CONDUCT OF WARRANTEES OR THOSE
INDIVIDUALS USING THE PRODUCTS OR BATTERY
UNDER THE SUPERVISION OR WITH THE PERMISSION
OF WARRANTEES, SHALL CAUSE THE WARRANTIES IN
PARAGRAPHS 1 AND 2 TO BE NULL AND VOID.
5. THE WARRANTIES CONTAINED IN PARAGRAPHS
1 AND 2 HEREOF SHALL BE CONTINGENT UPON
WARRANTEES’ USE OF ILLUMAGEAR-MANUFACTURED
OR ILLUMAGEAR-CERTIFIED PARTS. IF ANY WARRANTEE
USES, SUPPLEMENTS, OR OTHERWISE MODIFIES THE
PRODUCTS OR BATTERY WITH ANY PART THAT IS NOT
AN ILLUMAGEAR-MANUFACTURED OR ILLUMAGEAR-
CERTIFIED PART, THIS WARRANTY SHALL BE NULL AND
VOID.
6. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPHS 1
AND 2 OF THIS AGREEMENT, ILLUMAGEAR DISCLAIMS
ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO ALL
PRODUCTS AND SERVICES PROVIDED BY ILLUMAGEAR,
ITS AFFILIATES, DISTRIBUTORS, RETAILERS, AND
SELLERS, INCLUDING WITHOUT LIMITATION ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE FOR ANY TIME LIMIT OR
SCOPE NOT EXPRESSLY OFFERED BY ILLUMAGEAR IN
SECTIONS 1 OR 2. ILLUMAGEAR DOES NOT WARRANT
THAT THE PRODUCTS ARE ERROR-FREE OR WILL
ACCOMPLISH ANY PARTICULAR RESULT. ILLUMAGEAR
AND BUYER AGREE AND UNDERSTAND THAT THE
WARRANTY DISCLAIMERS CONTAINED HEREIN ARE A
SPECIFIC PART OF THE BARGAINED-FOR EXCHANGE, THE
PURCHASE OF THE PRODUCT(S), AND THE NEGOTIATION
OF THIS AGREEMENT. NO ORAL OR WRITTEN ADVICE
PROVIDED BY ILLUMAGEAR TO WARRANTEE SHALL
CREATE A WARRANTY OF ANY SORT BY ILLUMAGEAR.
ILLUMAGEAR SHALL NOT BE LIABLE FOR ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF
USE OR DATA, LOSS OF PROFITS OR INTERRUPTION OF
BUSINESS, WHETHER SUCH ALLEGED DAMAGES ARE
BASED IN WARRANTY, TORT (INCLUDING WITHOUT
LIMITATION, NEGLIGENCE AND STRICT LIABILITY),
CONTRACT, OR INDEMNITY IN ANY ACTION BROUGHT
BY THE BUYER OR ANY THIRD PARTY. TO THE EXTENT
LIABILITY IS ASSESSED UNDER STATE LAW, ILLUMAGEAR’S
LIABILITY SHALL NOT EXCEED THE ACTUAL CASH
VALUE OF THE PRODUCTS AT THE TIME OF PURCHASE.
