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b. Remedies for Breach of Warranty.
In the event of a breach of the foregoing warranty, Enable-IT will, in its sole discretion and at its
cost, and subject to the terms of the following paragraph, repair the non-conforming Product,
replace the non-conforming Product with a new or reconditioned Product or refund the
purchase price for the Product. Any new or reconditioned Product provided pursuant to this
paragraph is warranted as provided herein for the remainder of the original Warranty Period.
THE REMEDY SET FORTH IN THIS PARAGRAPH SHALL BE THE END USER’S SOLE
AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY.
c. Conditions for Warranty Qualification.
If authorized by Enable-IT to return a Product which does not conform to the warranty set forth
above, the End User must: (1) obtain a return materials authorization (RMA) number from
Enable-IT by contacting the Customer Service Dept. at 888-309-0910 between the hours of
7:00 a.m. and 5:00 p.m. PST and otherwise fully comply with Enable-IT’s then-current RMA
policy; (2) return the Product to Enable-IT in its original packaging freight pre-paid; and (3)
provide to Enable-IT the original receipt or bill of sale establishing the date on which the
Product was purchased. Products returned to Enable-IT without an RMA number will be
returned to the End User. Enable-IT shall not be responsible for damage or loss during
shipment of the returned Product to Enable-IT.
d. Voiding of Warranty.
The express warranty set forth above shall not apply to failure of the Product if the Product has
been subjected to: (i) physical abuse, misuse, improper installation, abnormal use, power
failure or surge, or use not consistent with the operating instructions provided by Enable-IT; (ii)
modification (including but not limited to opening the Product housing) or repair by any party in
any manner other than as approved by Enable-IT in writing; (iii) fraud, tampering, unusual
physical or electrical stress, unsuitable operating or physical conditions, negligence or
accidents; (iv) removal or alteration of the Product serial number tag; (v) improper packaging of
Product returns; or (vi) damage during shipment (other than during the original shipment of the
Product to the End User from Enable-IT, if applicable).
e. Warranty Disclaimers.
THE EXPRESS WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. ENABLE-IT
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO PERSON (INCLUDING WITHOUT
LIMITATION, ENABLE-IT’S EMPLOYEES, AGENTS, RESELLERS, OEMS OR
DISTRIBUTORS) IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR
REPRESENTATION CONCERNING THE PRODUCT. IF THE DISCLAIMER OF ANY
IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH
IMPLIED WARRANTY IS LIMITED TO ONE (1) YEAR FROM THE DATE OF PURCHASE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THIS WARRANTY GIVES THE END
USER SPECIFIC LEGAL RIGHTS AND THE END USER MAY ALSO HAVE OTHER
RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. ENABLE-IT DOES
NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED
OR ERROR FREE. ENABLE-IT IS NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS
OF ANY PROGRAMS, DATA, OR OTHER INFORMATION STORED ON OR TRANSMITTED
USING THE PRODUCT.
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