third party products, software and accessories, if any, are provided "AS IS." Warranty claims
related to such third party products, software and accessories must be made to the applicable
third party manufacturer.
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