3
required. Any product returned to SMC without a valid Return Material
Authorization (RMA) number clearly marked on the outside of the
package will be returned to customers at customer’s expense. For warranty
claims within North America, please call our toll-free customer
support number at (800) 762-4968. Customers are responsible for all shipping
charges from their facility to SMC. SMC is responsible for return
shipping charges from SMC to customer.
WARRANTIES EXCLUSIVE:
IF AN SMC PRODUCT DOES NOT OPERATE
AS WARRANTED ABOVE, CUSTOMER’S SOLE
REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT IN
QUESTION, AT SMC’S OPTION. THE FOREGOING
WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF
ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. SMC NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT
ANY OTHER LIABILITY IN CONNECTION WITH
THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
SMC SHALL NOT BE LIABLE UNDER THIS
WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THE
ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST
OR WAS CAUSED BY CUSTOMER’S OR ANY THIRD PERSON’S MISUSE,
NEGLECT, IMPROPER INSTALLATION OR TESTING,
UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE
BEYOND THE RANGE OF THE INTENDED USE, OR BY
ACCIDENT, FIRE, LIGHTNING, OR OTHER HAZARD.
LIMITATION OF LIABILITY: IN NO EVENT, WHETHER BASED IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE),
SHALL SMC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND,
OR FOR LOSS OF REVENUE, LOSS OF BUSINESS, OR OTHER
FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION
WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE,
FAILURE, OR INTERRUPTION OF ITS PRODUCTS,
EVEN IF SMC OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED