AVERMETRICS LIMITED PRODUCT WARRANTY
This limited warranty applies to the hardware and software products manufactured and sold by Avermetrics, LLC (“Avermetrics”). This warranty covers defects in materials and workmanship for a period of three (3) years from the date of original purchase from Avermetrics or an authorized retailer, including the failure of any properly installed Avermetrics’ software products to execute their programming instructions due to defects in materials and workmanship. The date of original purchase will be as set forth on the original sales receipt or other proof of purchase, which will be required to submit any warranty claim. Any claim under this warranty must be made promptly in writing to Avermetrics, and any product which gives rise to such claim must be packed and shipped, at warrantee’s cost, to Avermetrics according to its instructions. The determination of whether a defect exists will be made exclusively by Avermetrics, in which event Avermetrics may, at its option (i) repair the product at no charge using new or refurbished parts, (ii) replace the product with a similar product which may be new or refurbished, or (iii) refund the original purchase price. If Avermetrics repairs or replaces the product, this warranty will continue for the remainder of the original three (3) year period or thirty (30) days after the repaired or replaced product is shipped, whichever is longer.
This warranty does not apply to normal wear and tear and will not apply to defects or damage resulting from: (i) accident (including without limitation collision, fire and the spillage of food or liquid), (ii) neglect or abuse, (iii) alteration, misapplication, modification or disassembly of the hardware or software product, (iv) improper or unauthorized operation, maintenance, repair, installation, wiring, or testing, (v) problems caused by third party hardware, software or accessories, (vi) connection to improper voltage, (vii) improper storage, or (viii) use not in accordance with the documentation included with the hardware or software product. THIS WARRANTY SHALL BE VOIDED AND INVALIDATED IF ANY UNAUTHORIZED REPAIRS OR MODIFICATIONS TO THE PRODUCTS ARE UNDERTAKEN OR ANY UNAUTHORIZED PARTS ARE USED.
THE LIMITED WARRANTY SET FORTH ABOVE IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES AND AVERMETRICS HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUALITY AND TITLE. AVERMETRICS DOES NOT WARRANT THAT THE PRODUCT IS ERROR FREE OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION. To the extent Avermetrics may not, as a matter of law, disclaim implied warranties, the duration of any such implied warranty shall be limited to the shorter of one (1) year or the minimum time period permitted under such law. Some states do not allow limitations on the duration of implied warranties, so the above limitation may not apply to you.
IN NO EVENT SHALL AVERMETRICS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA (WHETHER DIRECT OR INDIRECT), COMMERCIAL LOSS FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THE PRODUCT, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED, OR ANY OTHER DAMAGES ARISING FROM THE SALE, LICENSE OR USE OF THE HARDWARE OR SOFTWARE PRODUCT OR AVERMETRICS’S BREACH OF THIS LIMITED WARRANTY, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF AVERMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AVERMETRICS’S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT.