Rade Technology Corp. (“Seller”) warrants to you (“Buyer”), that the products sold by Seller are free of defects in material and workmanship when the title passes to the Buyer. (The term “Buyer” does not include any purchaser by resale, excluding resale by commercial wholesalers.)
If Buyer notifies Seller of any such defects within two (2) years from the Buyer’s date of purchase (“Warranty Period”) and returns the product to Seller at Buyer’s sole expense, Seller shall, at its option, repair the product or replace it with a similar product of comparable value. The Buyer shall return the product to:
Rade Technology Corp.
Attn. Customer Service
1800 SW 1st Ave
Miami, FL 33129
If the Seller replaces the product, the original product shall be retained and disposed of by the Seller, at the Seller’s expense.
In either case, the Warranty Period for the repaired or replaced product shall extend after the date of repair or replacement for a time equal to the original Warranty Period. If Buyer does not notify Seller of such defects, whether patent or latent, within the Warranty Period, Seller shall have no further liability or obligation to Buyer. In no event shall Seller’s liability under this Limited Warranty exceed the original purchase price of the product. Seller may require proof of purchase before performing any repairs or replacing any product during the Warranty Period.
COVERAGE EXCLUSIONS AND LIMITATIONS
This Limited Warranty does not cover defects caused by damage to the products, while in Buyer’s possession, resulting from, but not limited to, Buyer’s 1) unreasonable use, misuse, unintended use, modification, alteration or abuse of the product; 2) improper maintenance; 3) failure to follow all applicable instructions, guidelines, and/or manuals provided by the Seller with the product; or 4) disassembly of the product. This Limited Warranty also does not apply to 1) cosmetic damages, such as scratches, nicks and dents; 2) damage caused by accident, water, flood, fire or other acts of nature or external causes; 3) damage caused by service performed by anyone who is not an authorized service provider of Seller; or 4) damage to a product that has been modified or altered without the authorized permission of Seller.
EXCLUSIVITY OF LIMITED WARRANTY
THE REMEDIES PROVIDED IN THE ABOVE LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU. Seller shall not be liable to Buyer for any other express warranties provided or made by dealers, contractors, distributors, or other third-parties.
ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE ARE SPECIFICALLY DISCLAIMED AND EXCLUDED.
Any dispute that may arise regarding this Limited Warranty, Rade Technology Corp. or any product sold by Rade Technology Corp. shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws doctrine of such state.
BUYER’S RECOVERY FOR DAMAGES RESULTING FROM ANY AND ALL CAUSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT PRODUCT LIABILITY, WILL BE EXCLUSIVELY LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
IN NO EVENT WILL SELLER BE LIABLE TO ANY BUYER OR USER OF THE PRODUCTS FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGES TO THE PROPERTY OR PERSON OF THE BUYER OR USER.
SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIMITATION OF THE DURATION OF THE IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.