A COPY OF THE ‘OPERATIONAL WARNINGS AND SAFETY INSTRUCTIONS’ IS TO BE KEPT
WITH THE VEHICLE AT ALL TIMES.
3.DISCLAIMER AND LIMITATION OF WARRANTIES .
(A)
EXCEPT AS OTHERWISE CONTAINED HEREIN
, the
PRODUCTS
and related documentation are provided to you, “AS IS”. IN NO
EVENT SHALL VAIS BE LIABLE FOR
ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION,
COMPENSATORY, INCIDENTAL, INDIRECT , SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST
SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF
ANY GOODWILL, OR DAMAGES. THE TERM ‘INCIDENTAL DAMAGES’ REFERS TO THE EXPENSES OF TRANSPORTING THE
PRODUCTS TO THE VAIS SERVICE CENTER, LOSS OF THE END-USERS [ORIGINAL PURCHASER’S] TIME, LOSS OF THE USE OF
THE PRODUCT, BUS FARES, CAR RENTALS OR OTHER COSTS RELATED TO THE CARE AND CUSTODY OF THE PRODUCT. THE
TERM ‘CONSEQUENTIAL DAMAGES’ REFERS TO THE COST OF
REPAIRING OR REPLACING
OTHER PROPERTY, WHICH IS
DAMAGED WHEN THIS PRODUCT DOES NOT WORK PROPERLY.) RESULTING FROM THE USE OR INABILITY TO USE THE
PRODUCTS, INCLUDING ANY DAMAGES INCURRED DUE TO THE NEGLIGENT OPERATION OF A MOTOR VEHICLE, IN
CONJUNCTION WITH THE USE OF SAID PRODUCTS. THE END-USER ACKNOWLEDGES ITS RESPONSIBILITY FOR THE USE OF
THE PRODUCT. THE ADDITION OF VAIS PRODUCTS AND ANY AFTER-MARKET EQUIPMENT MAY ENHANCE THE VALUE OF A
VEHICLE OR CAUSE A THIRD-PARTY TO ILLEGALLY ATTEMPT TO REMOVE THE PRODUCTS AND AFTER-MARKET EQUIPMENT.
VAIS DISCLAIMS ANY LIABILITY RELATE D TO SUCH THEFT AND POTENTIAL DAMAGE TO PROPERTY.IT IS THE END-USERS
RESPONSIBILITY TO PROTECT ITS OWN PROPERTY
.
THE END-USER FURTHER ACKNOWLEDGES THAT THE OPERATIO N OF A MOTOR VEHICLE IS AN INHERENTLY DANGEROUS
ACTIVITY, AND BY ITS USE OF VAIS’S PRODUCTS, ACKNOWLEDG ES THAT THE PRODUCTS ARE REMOTELY RELATED TO SAID
MOTOR VEHICLE OPERATION, AND THUS ANY DAMAGES CAUSED TO THE DRIVER OF THE VEHICLE, THE VEHICLE ITSELF OR
ANY THIRD-PARTY AND ITS PROPERTY IS NO T THE RESPONSIBILITY OF VAIS, ITS AGENTS OR ITS PRINCIPALS AND IS THE
SOLE RESPONSIBILITY OF THE DRIVER OF SAID VEHICLE.
YOU, THE END-USER, OR ANY OTHER DRIVER OF THE VEHICLE, IS SOLELY RESPONS IBLE FOR THE SAFE OPERATION OF THE
VEHICLE AND THE SAFETY OF BOTH YOU AND THE PASSENGERS . FOR SAFETY PURPOSES, THE PRODUCT SHOULD NOT BE
USED FOR THE DRIVER’S ENTERTAINMENT, WHILE THE VEHICLE IS BEING DRIVEN. SUCH USE COULD BE A DISTRACTION TO
THE DRIVER, WHICH COULD CAUSE AN ACCIDENT LEADING TO SER IOUS INJURY OR DEATH. IF YOU, THE END-USER ALLOW
ANOTHER PERSON TO USE THE VEHICLE, IT IS YOUR RESPONSIBILITY TO THOROUGHLY BRIEF THAT OTHER USER, ON THE
SAFETY REQUIREMENTS FOR OPERATING THE VEHICLE AND THE PR ODUCTS INSTALLED THEREIN.
(B) SAID DISCLAIMERS SHALL APPLY TO THE USE OF SAID PR ODUCTS, EVEN IF VAIS HAS BEEN INFORMED OF, KNEW OF, OR
SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE, INCLUDING WITHOUT LIMITATION: BREACH OF CONTRACT, BREACH OF WARRANT Y, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATION AND OTHER TORTS. IF VAIS’S WARRANTY DISCLAIMER OR LIMITATION OF LIABILITY SET
FORTH IN THIS AGREEMENT SHALL, OR FOR ANY REASON WHATSOEVER, BE HELD UNENFORCEABLE OR INAPPLICABLE, YOU
AND ANY OTHER END USER AGREE THAT VAI S’S LIABILITY SHALL NOT EXCEED (50%) OF THE PRICE PAID FOR THE ENCLOSED
VAIS PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not
apply to you. This Warranty Disclaimer and Limitation of Liability shall not be applicable to the extent that any federal, state or local law,
which cannot be preempted, prohibits any provision of this Warranty.
(C) Some States/Provinces or other governmental jurisdictions (such as cities) may have laws that prohibit the operation of a video screen
within the sight of the Driver. If you have purchased such a product, you should use the product only in locations where it is legal to do so,
and if you do use the product, set up the screen only where it may be visible to passengers only. Although VAIS strongly recomm ends that
Products not be used while the vehicle is in motion, it is your responsibility to determine whether the product can be used in any given
location. Any use of the PRODUCTS where it is illegal to do so, may be used against you as evidence of negligence in the event of an auto
accident or other traffic infraction.
4. THIRTY (30)- DAY MONEY BACK WARRANTY ONLY IF PURCHASED DIRECT FROM
VAIS.
Any Product purchased directly from VAIS, referencing a
Return Authorization Number
(
RAN
)
during the Thirty-(30) day period following
shipment by VAIS, may be returned for a full refund of the purchase price actually paid, only if you have received damaged, def ective or
incorrectly shipped merchandise. The RAN number may be obtained from
VAIS’s Customer Support at (720) 733-2348
, and is valid for
only thirty- (30) days from its issuance. Said RAN must be noted on the outside of the returned PRODUCTS’ packaging. The PRODUCTS
must be returned in its original packaging, intact, without any evidence of tampering with the PRODUCTS or physical damage caused by the
Customer (End-User).
WE WOULD STRONGLY RECOMMEND THAT THE ITEM BE SHIPPED INSURED, SINCE THE RISK OF LOSS DURING SHIPPING IS
WITH THE END-USER
. Re-stocking Fees may apply. Damage Fees if deemed caused by the End-User may apply. SHIPPING AND
HANDLING OF THE END-USER IS NOT REFUNDABLE AND MUST BE PREPAID, FOR THIS WARRANTY TO BE APPLICABLE. END-
USER SHALL ASSUME ALL RISK OF LOSS FOR THE SHIPPING OF THE PRODUCTS TO VAIS.
PLEASE ALLOW UP TO EIGHT (8)
WEEKS FOR VAIS TO CREDIT YOUR ACCOUNT
.
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