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If any failed product is
not returned in accordance with the Company’s
instructions within thirty (30) days from the issuance of an RMA reference
number or if the Company determines that the Company Product is not covered
by the warranty hereunder, in addition to shipping, Company will invoice
Purchaser for the list price of the replacement Product or the time and material
cost associated with the repairs, which invoice shall be due and payable
Purchaser upon receipt.
Defects and/or damage resulting from the following are expressly and specifically
excluded from any warranty coverage hereunder.
•
Improper operation, improper storage, misuse, accident,
alteration, abuse, neglect and/or physical damage, including, but
limited to, exposure to smoke (including cigarette, cigar, or
e-cigarette smoke).
•
Ingress of liquids, sand, dirt, food, insects, animals or other foreign
objects into the Product.
•
Exposure to unusual electrical stress, heat, humidity, condensation
and/or cold.
•
Use in a manner that constitutes abnormal usage or conditions.
•
Failure to follow recommended preventative maintenance.
Unauthorized installation, repair or modification.
•
Use of parts, materials and accessories not provided or authorized
by the Company.
•
Acts of God and/or other acts or conditions not in the control of the
Company.
Moreover, warranty coverage shall not be extended to Products for which (i) the
serial number label has been removed, altered or destroyed; (ii) tamper evident
seals are broken; or (iii) mismatched serial numbers or revised combinations.
THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR
IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO
REPRESENTATION OR STATEMENT OF THE COMPANY MAY CHANGE OR
ALTER THIS LIMITED WARRANTY UNLESS AGREED TO AND AUTHORIZED
IN WRITING BY THE COMPANY.
The Company shall not be liable for any commercial losses, loss of revenues or
profits, loss of goodwill, inconvenience, or exemplary, special, incidental, indirect,
consequential or punitive damages whatsoever, or claims of third parties,
regardless of the form of any claim, whether in contract or tort, whether from
breach of this warranty, or defective equipment, or loss of data or from any other
use, even if the Company has been advised or should be aware of the possibility
of such damage. The Company's aggregate liability related to a product shall
not exceed the purchase price paid by Purchaser for the particular Product
giving rise to such liability.
Содержание OXLIFE LIBERTY
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