H2Observe™ LLC (“H2Observe™”)
warrants to the original end user purchaser (“You”)
that for the warranty period listed below, the Product (excluding
any third party software) will be free of defects in materials
and workmanship under normal use.
You must have proof of purchase and obtain warranty service
authorization from H2Observe™ within the applicable warranty
period before returning defective parts to H2Observe™. Returned
products must be shipped prepaid and packaged appropriately,
and it is recommended that they be insured or sent by a
method that provides tracking of the package. H2Observe™ is not responsible for any product that is lost or damaged
during transit. If H2Observe™ ships a replacement product
to you before receiving the original product and you fail
to return the original product to H2Observe™ within thirty
(30) days from the date that the warranty service authorization
is issued. H2Observe™ will charge you the then current manufacturer’s
suggested retail price of such product.
Your exclusive remedy and H2Observe™’s entire liability
under this warranty will be for H2Observe™ at its option
to repair or replace the Product or refund your purchase
price less any rebates. H2Observe™ does not warranty against
loss of any data (including data stored on Product returned
to H2Observe™ for service), and assumes no liability for
such loss.
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY,
SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY.
ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
AND WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT,
ARE DISCLAIMED TO THE FULLEST EXTENT OF THE LAW.
Some jurisdictions do not allow limitations on how long
an implied warranty lasts or at all, so the above limitation
does not affect your statutory rights.
All third party software provided with the Product is
provided “AS IS”. You assume the entire risk
as to the quality, performance, accuracy and effect of
such software, and should it prove defective, you, and
not H2Observe, assume the entire cost of all necessary
service or repair.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
H2OBSERVE BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY
OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OR INABILITY
TO USE THE PRODUCT, EVEN IF H2OBSERVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL H2OBSERVE’S
LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
The foregoing limitations will apply even if any warranty
or remedy provided under this Agreement fails of its essential
purpose. Some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
