EverFocus Electronics Corporation
EverFocus Electronics Corporation ("EverFocus") will repair or replace, at no charge to the purchaser, any merchandise found to be defective in material or workmanship, provided that genuine EverFocus parts and accessories are used with the device, for the following period of time, from the date of shipment from EverFocus.
1. Dead on Arrival (DOA) Exchanges
Authorized EverFocus distributors may offer DOA exchange for any defective product for a period of 90 days from shipment from the factory. Distributors must make exchange from in-stock items. No rush orders will be approved for DOA exchanges.
2. DOA Sales Return
An RMA number is required for all sales return. Full credit will be issued for items delivered within 180 days if in original condition and packaging. All returns will be evaluated upon return and additional fees may be charged based on the condition of products.
3. Notification of Claims: Warranty Service
If purchaser believes that the product is defective in material or workmanship, then written notice with an explanation of the claim shall be given promptly by purchaser to EverFocus. All claims for warranty must be made within the warranty period. If after investigation EverFocus determines that the reported problem was not covered by the warranty, purchaser shall pay EverFocus the cost of the investigating the problem at its then prevailing per incident billable rate. No repair or replacement of any product or part thereof shall extend the warranty period as to the entire Product.
4. Exceptions to Limited Warranty
EverFocus shall have no liability or obligation to Purchaser with respect to any Product requiring service during the warranty period which is subjected to any of the following: abuse, improper use; negligence, accident, modification, failure of the end-user to follow the operation procedures outlined in the user’s manual, failure of the end-user to follow the maintenance procedures in the service manual for the Product where a schedule is specified for replacement or maintenance or cleaning of certain parts (based on usage) and the end-user has failed to follow such schedule; attempted repair by non-qualified personnel; operation of the Product outside of the published environmental and electrical parameters, or if such Product’s original identification (trademark, serial number) markings have been defaced, altered, or removed. EverFocus excludes used Products which have not been sold by EverFocus to the Purchaser.
5. Proof of Purchase
The Purchasers dated bill of sale must be retained to establish warranty eligibility. Warranty period will be determined based on product serial number.
Disclaimer of Warranty
Except for the foregoing warranties, EverFocus hereby disclaims and excludes all other warranties, express or implied, including, but not limited to any and/or all implied warranties of merchantability, fitness for a particular purpose and/or any warranty with regard to any claim of infringement that may be provided in section 2-312(3) of the uniform commercial code and/or in any other comparable STTE statue. EverFocus hereby disclaims any representations or warranty that the product is compatible with any combination of non-EverFocus product's purchaser may choose to connect to the product.
Limitation on Liability
The liability of EverFocus, if any, and purchaser's sole and exclusive remedy for damages for any claim of any kind whatsoever, regardless of the legal theory and whether arising in tort or contract, shall not be greater than the actual purchase price of the product with respect to which such claim is made. In no event shall EverFocus be liable to purchaser for any special, indirect, incidental, or consequential damages or labor costs of any kind including, but not limited to, compensation, reimbursement or damages on account of the loss of present or prospective profits or for any other reason whatsoever.