Cleaning
defective or eligible for warranty
repair.
Warranty
Exclusions
The AirTrack Factory Warranty shall not apply
to:
(i)
any product which has been damaged, modified,
altered,
repaired or upgraded by other than AirTrack service
person
nel or its authorized
representatives;
(ii)
any claimed defect, failure or damage which
AirTrack
determines was caused by faulty operations, improper
use,
abuse, misuse, wear and tear, negligence, improper
storage
or use of parts or accessories not approved or
supplied
by AirTrack;
(iii)
any claimed defect or damage caused by the use of
product
with any other instrument, equipment or
apparatus;
(iv)
any claimed defect or damage caused by the failure to
provide proper maintenance, including but not limited to
clean
ing the upper window in accordance with product
manual;
(v)
any defect or damage caused by natural or
man-made
disaster such as but not limited to fire, water damage,
floods,
other natural disasters, vandalism or abusive events
that
would cause internal and external component damage
or
destruction of the whole unit, consumable
items;
(vi)
any damage or malfunctioning caused by
non-restoring
action as for example firmware or software upgrades,
soft-
ware or hardware reconfigurations
etc.;
(vii)
the replacement of upper window/cartridge due to
scratch
ing,
stains or other degradation
and/or
(viii)
any consumable or equivalent (e.g., cables, power
supply,batteries, keypads, touch screen, triggers
etc.).
No
Assignment
Customer may not assign or otherwise transfer its rights or
obliga
tions under this warranty except to a purchaser or transferee
of
prod
uct. No attempted assignment or transfer in violation of
this
provision shall be valid or binding upon
AirTrack.
AIRTRACK’S LIMITED WARRANTY IS IN LIEU OF ALL OTHER
WAR
RANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN,
STATUTORY
OR
OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED
WAR
RANTIES OF
MERCHANTABILITY, FITNESS FOR
A
PARTICULAR
PUR
POSE,
OR NONINFRINGEMENT. AIRTRACK SHALL NOT BE
LIABLE
FOR ANY DAMAGES SUSTAINED BY CUSTOMER ARISING
FROM
DE
LAYS IN THE REPLACEMENT OR REPAIR OF
PRODUCTS UNDER
THE
ABOVE. THE REMEDY SET FORTH IN
THIS WARRANTY STATEMENT
IS
THE CUSTOMER’S SOLE
AND EXCLUSIVE REMEDY FOR
WARRANTY
CLAIMS. UNDER
NO CIRCUMSTANCES WILL AIRTRACK BE LIABLE
TO
CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS,
OR
ANY
INCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPECIAL
OR
CONTINGENT
DAMAGES REGARDLESS OF WHETHER
AIRTRACK HAD
ADVANCE
NOTICE OF THE POSSIBILITY OF
SUCH
DAMAGES.
Risk of
Loss
Customer shall bear risk of loss or damage for product in transit
to
AirTrack. AirTrack shall assume risk of loss or damage for
product
in AirTrack’s possession. In the absence of specific written
instruc
tions for the return of product to Customer, AirTrack will
select
the
carrier, but AirTrack shall not thereby assume any liability
in
connec
tion with the return
shipment.
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