LIMITED WARRANTY AND CONNECTED
EQUIPMENT GUARANTEE (continued)
2. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE
DESCRIPTION ON THE FACE HEREOF. TO THE FULLEST EXTENT
PERMITTED BY LAW, IN NO CASE SHALL ADI BE LIABLE TO ANYONE
FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO
THE PRODUCT AND.OR FOR BREACH OF THIS OR ANY OTHER
WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY
OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR
DAMAGE IS CAUSED BY ADI’S OWN NEGLIGENCE OR FAULT AND
EVEN IF ADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES. Any product description (whether in writing or
made orally by ADI or ADI’s agents), specifications, samples, models,
bulletin, drawings, diagrams, engineering sheets, or similar materials used in
connection with the Buyer’s order are for the sole purpose of identifying
ADI’s products and shall not be construed as an express warranty or
condition. Any suggestions by ADI or ADI’s agents regarding use,
applications or suitability of the products shall not be construed as an
express warranty or condition unless confirmed to be such in writing by ADI.
ADI does not represent that the products it sells may not be compromised or
circumvented; that the products will prevent any personal injury or property
loss by burglary, robbery, fire or otherwise, or that the products will in all
cases provide adequate warning or protection. Buyer understands and will
cause its customer to understand that a properly installed and maintained
product is not insurance or guarantee that such will not cause or lead to
personal injury or property loss. CONSEQUENTLY ADI SHALL HAVE NO
LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR
OTHER LOSS BASED ON ANY CLAIM AT ALL INCLUDING A CLAIM
THAT THE PRODUCT FAILED TO GIVE WARNING. However, if ADI is
held liable whether directly or indirectly for any loss or damage with respect
to the products it sells, regardless of cause or origin, its maximum liability
shall not in any case exceed the purchase price of the product, which shall
be fixed as liquidated damages and not as a penalty and shall be the
complete and exclusive remedy against ADI.
3. Limitation on Liability to Buyer’s Customers
Buyer agrees to limit liability to its customers to the fullest extent permitted
by law. Buyer acknowledges that ADI shall only be deemed to give
consumers of its products such statutory warranties as may be required by
law and at no time shall Buyer represent to its customers and/or users of
ADI products that ADI provides any additional warranties. By accepting the
products, to the fullest extent permitted by law, Buyer assumes all liability
for, and agrees to indemnity and hold ADI harmless against and defend ADI
from, any and all suits, claims, demands, causes of action and judgments
relating to damages, whether for personal injury or to personal property,
suffered by any person, firm, corporation or business association, including
but not limited to, Buyer’s customers and/or users of the products because
of any failure of the products to detect and/or warn of the danger for which
the goods were designed or any other failure of the products whether or not
such damages are caused or contributed to by the sold or joint concurring
negligence or fault of ADI.
4. Returns
Subject to the terms and conditions listed below, during the applicable
warranty period, ADI will replace Product or provide a credit at purchase at
its sole option free of charge any defective products returned prepaid. Any
obligations of ADI to replace Limited Lifetime warranty products pursuant to
this warranty which result from defect are limited to the availability of
replacement product. ADI reserves the right to replace any such products
with the then currently available products, or provide a credit in its sole
discretion. In the event Buyer has a problem with any ADI product, please
call your local ADI branch for return instructions:
For US
call 1-800-233-6261
For Canada
call 877-234-7378
For Puerto Rico
call 877-234-7378
Be sure to have the model number and the nature of the problem available.
In the event of replacement, the return product will be credited to Buyer’s
account and a new invoice issued for the replacement item. ADI reserves
the right to issue a credit only in lieu of replacement.
If any W Box Technologies product is found to be in good working order or
such product’s inability to function properly is a result of user damage or
abuse, the product will be returned to Buyer in the same condition as
received and Buyer shall be responsible for any return freight changes.
5. Governing Law
The laws of State of New York apply to this Limited Warranty.
6. Miscellaneous
Where any term of this Limited Warranty is prohibited by such laws, it shall
be null and void, but the remainder of the Limited Warranty shall remain in
full force and effect.
COPYRIGHT © 2020 ADI
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