LIMITED WARRANTY
LIMITED WARRANTY
Subject to the limitations set forth herein, Solo Check, LLC (the “Company”) warrants that new SOLO CHECKTM systems (the “Product(s)”), purchased from Company or from an authorized reseller of Company, will be free from defects in material and workmanship for a period of twelve (12) months from the date of purchase. This warranty applies to the primary system components only, and does not apply to any nonfunctional items associated with the Products (e.g., stickers). Once again, THIS WARRANTY APPLIES ONLY TO PRODUCTS PURCHASED FROM COMPANY OR AN AUTHORIZED RESELLER OF COMPANY.
This warranty and the availability of any applicable remedy are subject to and conditioned upon: (a) proper storage, installation, operation and maintenance of the Product in accordance with the manuals and information provided by or available from Company; (b) Customer’s keeping accurate records of the operation and maintenance of the Product during the warranty period and providing such records to Company on request; (c) any modification or repair of a Product having been only as authorized by Company in writing; (d) Customer promptly notifying Company of any alleged defect in writing within thirty (30) days of Customer’s discovery of such alleged defect during the warranty period; and (e) Customer’s keeping the Product in a condition that can be meaningfully examined by Company under the circumstances and, if requested by Company, returning the Product to a facility designated by Company for testing and inspection. Any repair or replacement by Company shall not extend the warranty period. This warranty shall not apply and/or shall be immediately and automatically rendered void (i) if the Product is subject to misuse, neglect or unauthorized modification, (ii) if Customer uses the Product with any component that is not manufactured or approved by Company, (iii) to normal wear and tear, or (iv) if damage to the Product is the result of something other than defects in material and workmanship of Company. Company does not warrant goods manufactured by others.
The exclusive remedy for the warranty provided herein shall be limited to, in Company’s sole discretion and judgment, (i) replacement of defective Product(s), or (ii) repair of defective Product(s), in each case Ex Works Company’s facility. Any replacement or repair of Products shall not include any cost of items not sold by Company and specifically excludes any cost or obligation related to other property of Customer or of any third party. Unless Customer is an authorized reseller of Company, Company’s warranty is nontransferable and shall extend only to the original, end user Customer.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS (INCLUDING ALL RELATED CONTENT AND DOCUMENTATION) ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND COMPANY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR PURPOSE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT, DOCUMENTATION OR OTHER INFORMATION RELATING TO THE PRODUCTS; COMPANY MAY OFFER TECHNICAL ADVICE OR ASSISTANCE AND/OR PROVIDE DRAWINGS OR GENERAL INFORMATION TO CUSTOMER WITH REGARD TO THE PRODUCTS BASED ON LABORATORY AND/OR FIELD EXPERIENCE, AND CUSTOMER UNDERSTANDS AND AGREES THAT ANY AND ALL SUCH ADVICE AND OTHER INFORMATION CONSTITUTES ONLY GOOD FAITH OPINION AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE OF ANY KIND. THE ENTIRE RISK OF USE OF THE PRODUCTS AND ALL RELATED INFORMATION IS ASSUMED BY CUSTOMER. IF THE FOREGOING DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY APPLICABLE LAW, THEN THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR PRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY AMONG JURISDICTIONS.
IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL COMPANY, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE PRODUCT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT COMPANY HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CUSTOMER DEVICES OR OTHER PROPERTY THAT ARE UTILIZED WITH THE PRODUCT. NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF COMPANY AND ANY OF ITS DISTRIBUTORS AND/OR SUPPLIERS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
To submit a warranty claim, contact us via our website at https://www.solo-check.com/ or email us at sales@solo-check.com. Any warranty claim must be made by Customer within thirty (30) days of Customer’s discovery of such alleged defect during the warranty period. We may ask you to send us photographic or videographic evidence to validate the claim and, in some cases, we may ask that you return the Product to us for inspection. Company reserves all rights to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.
