Perceptive Things, Inc. (the “Company” or “we”, “us” or “our”) warrants to the original purchaser from (the “Original Purchaser” or “you”) of the equipment sold by the Company (“Equipment”) without alteration, modification, or combination, that for a period of twelve (12) months from the date of purchase from us (the “Warranty Period”) the Equipment will be free from significant defects in materials and workmanship (the “Limited Warranty”). The Limited Warranty does not apply to normal wear and tear, the repair or replacement of expendable maintenance items, nor if the Equipment (i) has been subjected to accident, abuse, improper use, neglect, improper storage or handling, abnormal physical stress, damage from the elements or abnormal environmental conditions, damage from accessories (synthetic straps, etc.), damage or loss caused by or resulting from any acts, accidents or disasters beyond the Company’s control, (ii) has been reconstructed, repaired or altered by any person other than the Company one of its authorized representatives or combined with other equipment or software, (iii) subject to extremes of temperature or humidity or abnormal strain or is otherwise misused or used not in strict conformity with instructions or documentation provided by or on behalf of Company, (iv) the repair or replacement of expendable maintenance items, (v) has cracking or other damage to the finish; or vi) whose serial number has been defaced.
Original Purchaser’s Exclusive Remedy For Defective Equipment. The Original Purchaser’s exclusive remedy for any Equipment not conforming to the Limited Warranty (“Defective Equipment”) is set forth below.
(i) The Original Purchaser shall notify the Company in writing, of any alleged claim or defect within thirty (30) days from the date the Original Purchaser discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable Warranty Period).
(ii) The Original Purchaser shall ship any Equipment claimed to be defective, at Original Purchaser’s expense and risk of loss, to Licensor, at:
Perceptive Things, Inc.
ATTN: Warranty Service
105 West 86th St.
New York, NY 10024
(iii) Upon Receipt, the Company will inspect and test the Equipment, and if to its reasonable satisfaction, it determines that that such Equipment is Defective Equipment, the Company will in its sole discretion, and at its expense, either (i) repair or replace such Defective Equipment (or affected portions thereof), or (ii) credit or refund the price of such Defective Equipment less any applicable discounts, rebates, or credits.
(iv) If the Company elects to repair or replace the Defective Equipment, it will ship to the Original Purchaser, at the Original Purchaser’s expense and risk of loss, the repaired or replaced Equipment to the address specified in writing by the Original Purchaser.
Disclaimer. Except for the express limited warranty set forth above, there are no other warranties, representations or conditions of any kind, express or implied, whether arising by law, course of dealing, course of performance, usage of trade or otherwise, with respect to the product supplied hereunder including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. All such warranties are hereby specifically disclaimed and the company shall not be liable in this respect. No statement, conduct or description by the company or any other person on the company’s behalf, in addition to or beyond this limited warranty, shall constitute a warranty. Our maximum and sole liability to you would be to repair or replace Defective Equipment, and for no additional monetary value.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, NOR FOR LOSS OF PROFITS, NOR FOR ANY DAMAGES ARISING DUE TO YOUR USE OF THE EQUIPMENT, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE EQUIPMENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
YOU AND YOUR AUTHORIZED USERS SHALL ASSUME ALL LIABILITY FOR ANY DAMAGES AND LOSSES CAUSED BY, OR RELATED TO, THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR THE PRODUCTS, AND SETTING OR CHANGING DEFAULTS.