
WARRANTY EXCLUSIONS AND LIMITATIONS
TO BE ELIGIBLE FOR THIS WARRANTY, YOU NEED TO PROVIDE THE
ORIGINAL SALES RECEIPT SHOWING THE DATE OF PURCHASE OF THE
PRODUCT. DIAMOND MAY REQUEST THE ORIGINAL SALES RECEIPT OR A
COPY AS PROOF OF THE DATE OF PURCHASE.
Diamond does not warrant third party products which Diamond distributes "AS IS"
unless otherwise specified. Third party products may be warranted by the third party.
Diamond makes no warranty or representation that: (I) the operation of the product will
be uninterrupted or error free; (II) defects in the product will be corrected; or (III) that the
product will meet Customer’s requirements or work in combination with any hardware or
software provided by third parties.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES,
REMEDIES AND LIMITATIONS CONTAINED HEREIN ARE EXCLUSIVE AND
ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION,
WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH
DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED.
DIAMOND WILL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING
AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR
MALFUNCTION IN THE PRODUCT OR SOFTWARE DOES NOT EXIST OR WAS
CAUSED BY CUSTOMER’S OR ANY THIRD PARTY’S MISUSE, NEGLECT,
IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO
OPEN, REPAIR OR MODIFY THE PRODUCT OR SOFTWARE, OR ANY OTHER
CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT,
FIRE, LIGHTNING, OTHER HAZARDS, OR ACTS OF GOD. THIS WARRANTY
WILL NOT APPLY TO PRODUCTS USED FOR NUCLEAR RELATED, WEAPONS
RELATED, MEDICAL OR LIFE SAVING PURPOSES.
TO THE FULLEST EXTENT ALLOWED BY LAW, DIAMOND ALSO EXCLUDES
FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY
KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR
IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF
DIAMOND, ITS SUPPLIERS OR ITS RESELLER HAS BEEN ADVISED OF THE
POSSIBLITY OF SUCH DAMAGES. DIAMOND’S SOLE LIABILITY WITH
RESPECT TO ITS PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT OF
THE PRODUCT, AT DIAMOND ’S OPTION. THIS DISCLAIMER OF LIABILITY
FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED
HEREIN SHALL FAIL FOR ESSENTIAL PURPOSE.
DISCLAIMER: Some jurisdictions may not allow the exclusion or limitation of
incidental or consequential damages for products supplied to consumers, or the limitation
of liability for personal injury, so the foregoing limitations and exclusions may not apply
or may be limited in their application to you. When implied warranties are not allowed to