April 1, 2009
- Express Warranty:
ENCOM Wireless Data Solutions Inc. ('ENCOM') warrants that its products will be free of manufacturing defects in material and workmanship for a period of five (5) years for any ENCOM serial product and three (3) years for the ENCOM Broadband products. The warranty commences on the date the product is shipped by ENCOM. ENCOM’s sole liability and responsibility under this warranty is to repair or replace any product which is returned to ENCOM by the buyer and which ENCOM determines conforms to the warranty. Product returned to ENCOM which qualifies for warranty service will be shipped to ENCOM at buyer’s expense and will be returned to buyer at ENCOM’s expense [see ENCOM Returned Materials Authorization (RMA) policy for details]. In no event will ENCOM be responsible under this warranty for any defect which is caused by acts of nature, collision, immersion, negligence, misuse or mistreatment of a product or for any product which has been altered or modified in any way. The warranty of replacement shall terminate with the warranty of the product.
- Disclaimer of Warranties:
ENCOM makes no other expressed or implied warranties regarding the product and when the product is being sold "as is" without warranty of any kind. ENCOM’s express warranty constitutes ENCOM’s sole liability and Buyer’s sole remedies. Except as stated herein, ENCOM disclaims all warranties with regard to the product, expressed or implied including, without limitation, any implied warranties of fitness for a particular purpose, merchantability, or merchantable quality.
- Limitation of Liability:
In no event will ENCOM be liable for any loss of use, interruption of business, delays, or any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if ENCOM has been advised of the possibility of such damages. In the event that ENCOM is held liable, ENCOM’s liability for damages will not exceed the initial purchase price of the ENCOM products to the customer.
- This Agreement is governed by and construed in accordance with the Laws of the Province of
Alberta, Canada.
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