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12.0 Warranty
Kinesis Limited Warranty
Kinesis Corporation
(“
Kinesis
”)
warrants to the original retail purchaser that this Kinesis product
(“
Product
”)
is
free from defects in materials and workmanship and will perform substantially in accordance with the Product
documentation for three years from the date of purchase. This Warranty is not transferrable and does not
apply to any software which might have been enclosed with the product, which are covered by a Kinesis
License Agreement. If Product fails due to accident, abuse, inappropriate use, or normal wear, Kinesis shall
have no responsibility under this Limited Warranty.
Purchaser
’
s Exclusive Remedies
Subject to your retailer
’
s return policy, during the first THREE (3) years after the date of original purchase, the
exclusive remedy for a defect in this Kinesis Product shall be, at Kinesis Corporation
’
s option, either repair or
replacement of the product. If you suspect the Product is not working properly or if you have questions about
the performance of the Product, contact Kinesis Technical Support. If you wish to return the Product to
Kinesis for any reason, you must obtain from Kinesis or the authorized reseller from whom you purchased, an
RMA number and instructions for returning the product. You are responsible for the cost of shipping the
product to Kinesis. Within the United States and Canada, Kinesis will ship products repaired or replaced
under warranty to you by ground at no charge. Customer will be responsible for all duties and/or taxes on
international shipments which must be prepaid. Repair parts and replacement Product will be either
reconditioned or new, at Kinesis
’
discretion.
Disclaimer of Other Warranties
The warranty and remedies set forth above are exclusive and in lieu of all others, whether oral or written,
express or implied. Kinesis specifically disclaims any and all implied warranties, including, without limitation,
warranties of merchantability and fitness for a particular purpose. No Kinesis dealer, agent, reseller, or
employee is authorized to make any modification, extension, or addition to this warranty. Kinesis does not
warrant that the product will meet your requirements, or that operation of the product will be uninterrupted or
error
-
free, or that all errors will be corrected.
Limitation of Liability
Kinesis is not responsible for special, incidental, or consequential damages resulting from any breach of
warranty, or under other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or
replacement of equipment and/or property nor any costs of recovering, reprogramming, or reproducing any
program or data stored in or used with Kinesis products.