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MicaSense, Inc., a Nevada corporation ("Seller") hereby warrants that the products it manufactures (“Products”) and that are purchased by a buyer (“Buyer”) will be free from defects in material and workmanship for one (1) year (under normal use and service) from the date of shipment (the “Warranty Period”).
This product warranty (“Warranty”) is only applicable to Seller's Products that are purchased from the Seller at https://micasense.com (the “Website”) and returned to Seller within the Warranty Period and which Seller, in its sole and exclusive discretion, determines to be defective within the terms of this Warranty.
Please note: Section 10 of the Terms and Conditions contains an arbitration clause and class action waiver that applies to all Buyers. If Buyer’s country of residence is the United States, this provision applies to all disputes with Seller. If Buyer’s country of residence is outside of the United States, this provision applies to any action Buyer brings against Seller in the United States. It affects how disputes with Seller are resolved. By accepting this Warranty, Buyer agrees to be bound by this arbitration clause and class action waiver. Please read it carefully.
Seller's obligations, with respect to such applicable Warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid for the Product, at Seller's sole and exclusive option and in Seller’s sole and exclusive discretion. Any defective Product that is returned to the Seller and is subsequently replaced by Seller shall become the sole property of Seller. Seller reserves the right to elect to refund the purchase price of the defective Product to the Buyer in lieu of repairing or replacing the defective Product. Seller’s decisions regarding all matters concerning this Warranty shall be final and binding.
Seller shall bear reasonable round trip shipping costs of items returned under this Warranty; provided, however, that Seller may decline to bear such shipping costs depending on the Buyer’s location, place of shipment, current shipping costs, and other factors, in Seller’s sole and exclusive discretion. If Seller determines that the returned Products are not eligible for repair under this Warranty, then Buyer shall be solely and exclusively responsible for all shipping costs and all costs of any replacement sent back to the Buyer (if any), as well as the costs of testing, evaluating, and making the repairs necessary to complete such testing and evaluating prior to a determination by the Seller of whether the Product could be returned.
Repaired Or Replaced Product Warranty
Repaired or replaced Products shall be warranted for a period of six (6) months from date of shipment under the terms and conditions of this Warranty (the “Replacement Warranty Period”).
Seller in its sole and exclusive discretion, may discontinue any of its Products (“Discontinued Product”) and replace the Discontinued Product with a Product of equal to or greater than value, depending on availability, during the term of the Warranty Period. Seller will move the Discontinued Product from its current product category and place it into the discontinued category. If you need to return a discontinued product for warranty, please contact us at firstname.lastname@example.org.
Limitations Of Coverage
This Warranty does not extend to any Product, which has been subject to damage while such Product was in the Buyer’s possession, including, without limitation:(a) misuse, abuse, neglect, accident, or crash;
(b) exposure to excess moisture, fire, food, liquid, heat, dust, corrosive surroundings, chemical reaction, vandalism, theft, lightning, flood, wind, freeze, static, pests, vermin, foreign matter entering the Product, unusual atmospheric conditions, acts of war, or acts of God;
(c) damage, fault, or failure due to improper packing, unpacking, shipping, installation, relocation, removal, or dismantling;
(d) damage, fault, or failure caused by leaking and/or corroding batteries;
(e) damage, fault, or failure resulting from software, virus(es), electrical wiring and connections, structural problems of Buyer’s premises;
(f) damage, fault, or failure due to alteration or repairs made by anyone other than the Seller or the use of supplies and accessories other than those sold by the Seller; or
(g) improper operation, use, or exposure to conditions in violation of instructions furnished by Seller, or which has been modified or altered by Buyer or persons other than Seller, or which has been subjected to improper voltages, or environmental conditions beyond the item specified performance requirements, improper signals, excessive testing, lifetime testing, accelerated lifetime testing, any testing intended to test or evaluate the limits of the Product’s lifetime, or testing or operation exceeding the item Product specifications.
Seller makes no satisfaction guarantees, performance guarantees, risk free guarantees, or error-free guarantees of any kind.
Products that are repaired after servicing or inspections must be collected by the Buyer within three (3) months from the date the Seller notifies the Buyer that such servicing or inspection is complete. Seller may dispose of any Product which remains uncollected after three (3) months, without notice to Buyer, in any way Seller deems fit and Seller may also claim any damages from Buyer, including any costs for the storage of the Product. Seller reserves the right of lien for unpaid charges.
Seller shall be under no obligation to timely return any Product sent in for servicing or repair, as the Seller’s services may be inadvertently affected by factors outside Seller’s control. Seller shall not be liable for any losses or damages whatsoever arising out of delays and/or loss of use.
Unless agreed to in writing by the Seller, this Warranty is not transferable by the Buyer to any other parties. Seller specifically disclaims any warranty to any party who did not directly purchase from Seller.
Application Of Warranty
This warranty applies only to hardware products manufactured by or for Seller that can be identified by the Seller's trademark, trade name, or logo affixed to them. The warranty does not apply to any non-Seller third-party hardware products or any software, even if packaged, integrated with, or sold with Seller's products.
Software not covered
Software distributed by Seller with or without the Seller's brand name (including, but not limited to system software) is not covered under warranty. Seller may provide available bug fixes, upgrades, functionality improvements, additions, or other modifications after shipment of software related to any Product.
Services On Products Outside Of Warranty
Seller reserves the right to impose charges for services performed in the replacement, repair, or inspection of any Products, which are outside the coverage of the Warranty Period or Replacement Warranty Period, as applicable.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS LIMITED WARRANTY DOES NOT COVER ANY PROBLEM OR FAILURE THAT IS CAUSED BY CONDITIONS, MALFUNCTIONS, OR DAMAGE NOT RESULTING FROM DEFECTS IN OUR MATERIALS OR WORKMANSHIP.
MODIFICATIONS OR ALTERATIONS TO THE PRODUCT THAT ARE NOT EXPRESSLY APPROVED BY SELLER WILL VOID THIS LIMITED WARRANTY.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER THE PRODUCT IS SAFE TO USE IN ANY SPECIFIC CIRCUMSTANCE IN WHICH YOU USE IT. BY DEPLOYING AND USING THE PRODUCT, YOU ASSUME ALL RISK OF HARM, EXPRESS OR IMPLIED, KNOWN OR UNKNOWN.
SELLER IS NOT RESPONSIBLE FOR ANY HARM CAUSED TO ANY PERSON BY UNSAFE USE OF ANY PRODUCT.
THIS WARRANTY IS THE ONLY WARRANTY MADE BY SELLER WITH RESPECT TO THE PRODUCTS. THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF SELLER HEREUNDER AND THE RIGHTS AND REMEDIES OF BUYER HEREUNDER, ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF SELLER. OTHER THAN AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, BUYER AGREES THAT SELLER IS PROVIDING ALL PRODUCTS “AS-IS,” “WHERE-IS,” WITH ALL FAULTS AND DEFECTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, TO THE FURTHEST EXTENT ALLOWED BY APPLICABLE LAW, SELLER HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY AND EVERY KIND WITH RESPECT TO THE SELLER, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, SUITABILITY, AND/OR ADEQUACY.
SELLER'S LIABILITY WITH RESPECT TO A NONCONFORMING OR DEFECTIVE PRODUCT IS LIMITED TO BUYER'S NET CURRENT PURCHASE PRICE, AFTER CASH AND OTHER DISCOUNTS, OF ANY SUCH PRODUCT OR, AT SELLER'S OPTION, TO THE REPAIR OR REPLACEMENT OF SUCH PRODUCT UPON ITS EVALUATION BY SUPPLIER'S TECHNICAL REPRESENTATIVES OR ITS RETURN TO SUPPLIER, TRANSPORTATION CHARGES PREPAID.NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SUCH LIMITED REMEDY, SELLER'S TOTAL LIABILITY IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING IN CONNECTION WITH THE AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY BUYER TO SELLER. NOTWITHSTANDING ANYTHING ELSE IN THIS WRITING, SELLER SHALL IN NO EVENT BE LIABLE TO BUYER FOR INDIRECT, INCIDENTAL, COLLATERAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES, SUCH AS BUT NOT LIMITED TO LINE STOP, INFRINGEMENT, RECALLS, HARM TO BUSINESS OR BUSINESS REPUTATION, LOSS OF REVENUES, LOSS OF ANTICIPATED SAVINGS, OR LOST PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN CONNECTION WITH THE USE OF THE PRODUCT OR WHICH RESULT FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, or consequential damages. In those jurisdictions, Seller hereby excludes and eliminates such damages to the furthest extent allowed by applicable law.
Buyer acknowledges and agrees that Seller's products are not warranted by Seller to be suitable for all applications and purposes.
Modifications To The Product Warranty
Seller reserves the right to vary, modify, or change at any time and from time to time, in Seller’s sole and exclusive discretion, the Warranty due to change(s) in availability of Products and/or spare parts or for the purposes of complying with applicable policies, rules, regulation, and law without notice.
Governing Law & Contact Information
This Warranty will be exclusively governed and interpreted by the laws of the state of Washington, without reference or regard to Washington’s conflict of laws provisions.
Questions about this Warranty should be sent to Seller at email@example.com.
This Warranty was last reviewed and updated on July 31, 2020.