MicroStrain, Inc.
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common carrier selected by MicroStrain, with shipping charges prepaid. Expedited
shipping is available if shipping charges are prepaid by the customer and upon request; v)
Return Merchandise is to be shipped to MicroStrain, Inc. at the address indicated below;
vi) MicroStrain may reject or return any Product that is not packaged and shipped in strict
compliance with the foregoing requirements, or for which an RMA number has not been
obtained or is not visible from the outside of the package. The Product owner agrees to
pay MicroStrain’s reasonable handling and return shipping charges for any Product that is
not packaged and shipped in accordance with the foregoing requirements, or that is
determined by MicroStrain not to be defective or non-conforming.
14. What Is Not Covered
. This Limited Warranty provided by MicroStrain does not
cover: Products, if in MicroStrain’s sole and exclusive judgment, have been subjected to
abuse, accident, alteration, modification, tampering, negligence, misuse, faulty
installation, lack of reasonable care, repair or service in any way that is not contemplated
in the documentation for the Product, or if the model or serial number has been altered,
tampered with, defaced or removed; Initial installation, installation and removal of the
Product for repair, and shipping costs; Operational adjustments covered in the operating
manual for the Product, and normal maintenance; Damage that occurs in shipment, due to
acts of God, failures due to power surge, and cosmetic damage; Any hardware, software,
firmware or other products or services provided by anyone other than MicroStrain; or,
Products that have been purchased from inventory clearance or liquidation sales or other
sales in which MicroStrain, the sellers, or the liquidators expressly disclaim their
warranty obligation pertaining to the Product. Repair by anyone other than MicroStrain
will void this Warranty.
15. Copyright Statement
. No part of this publication or documentation accompanying
any Product may be reproduced in any form or by any means or used to make any
derivative such as translation, transformation, or adaptation without permission from
MicroStrain as stipulated by the United States Copyright Act of 1976, as amended.
Contents are subject to change without prior notice. Copyright© 2007 by MicroStrain,
Inc. All rights reserved.
16. Choice of Law.
These terms and any agreement between MicroStrain and buyer
shall be interpreted in accordance with the substantive laws of the State of Vermont,
USA, and without regard to its choice of law provisions. Any action to enforce any such
terms shall be exclusively in the courts of competent jurisdiction in Chittenden County,
Vermont. Any legal action between MicroStrain and buyer shall be decided by a court,
acting without a jury.
17. Disclaimer of U.N. Sale of Goods.
The United Nations Convention on Contracts for
the International Sale of Goods is specifically disclaimed.
18. Force Majeure.
Except for the obligations to make payments, neither party shall be
bound to meet any obligation if prevented from doing so as a consequence of force
majeure. If a situation of force majeure lasts for more than ninety (90) days, the Parties
