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LIMITED WARRANTY
MagTek warrants that the products sold pursuant to this Agreement will perform in accordance with MagTek’s
published specifications. This warranty shall be provided only for a period of one year from the date of the
shipment of the product from MagTek (the “Warranty Period”). This warranty shall apply only to the “Buyer”
(the original purchaser, unless that entity resells the product as authorized by MagTek, in which event this
warranty shall apply only to the first repurchaser).
During the Warranty Period, should this product fail to conform to MagTek’s specifications, MagTek will, at its
option, repair or replace this product at no additional charge except as set forth below. Repair parts and
replacement products will be furnished on an exchange basis and will be either reconditioned or new. All replaced
parts and products become the property of MagTek. This limited warranty does not include service to repair
damage to the product resulting from accident, disaster, unreasonable use, misuse, abuse, negligence, or
modification of the product not authorized by MagTek. MagTek reserves the right to examine the alleged
defective goods to determine whether the warranty is applicable.
Without limiting the generality of the foregoing, MagTek specifically disclaims any liability or warranty for
goods resold in other than MagTek’s original packages, and for goods modified, altered, or treated without
authorization by MagTek.
Service may be obtained by delivering the product during the warranty period to MagTek (1710 Apollo Court,
Seal Beach, CA 90740). If this product is delivered by mail or by an equivalent shipping carrier, the customer
agrees to insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the
warranty service location, and to use the original shipping container or equivalent. MagTek will return the
product, prepaid, via a three (3) day shipping service. A Return Material Authorization (“RMA”) number must
accompany all returns. Buyers may obtain an RMA number by contacting Technical Support at (888) 624-8350.
EACH BUYER UNDERSTANDS THAT THIS MAGTEK PRODUCT IS
OFFERED AS IS. MAGTEK MAKES NO OTHER WARRANTY, EXPRESS OR
IMPLIED, AND MAGTEK DISCLAIMS ANY WARRANTY OF ANY OTHER
KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
IF THIS PRODUCT DOES NOT CONFORM TO MAGTEK’S SPECIFICATIONS, THE SOLE REMEDY
SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. MAGTEK’S LIABILITY, IF ANY,
SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO MAGTEK UNDER THIS
AGREEMENT. IN NO EVENT WILL MAGTEK BE LIABLE TO THE BUYER FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, SUCH PRODUCT, EVEN IF
MAGTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY.
LIMITATION ON LIABILITY
EXCEPT AS PROVIDED IN THE SECTIONS RELATING TO MAGTEK’S LIMITED WARRANTY,
MAGTEK’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE CONTRACT PRICE OF THIS
PRODUCT.
MAGTEK MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, EXPRESSED OR
IMPLIED, EXCEPT AS MAY BE STATED IN THIS AGREEMENT, AND MAGTEK DISCLAIMS ANY
IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MAGTEK SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES TO PERSONS OR PROPERTY. MAGTEK FURTHER LIMITS ITS LIABILITY OF ANY KIND
WITH RESPECT TO THE PRODUCT, INCLUDING ANY NEGLIGENCE ON ITS PART, TO THE
CONTRACT PRICE FOR THE GOODS.
MAGTEK’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDIES ARE STATED IN THIS SECTION
AND IN THE SECTION RELATING TO MAGTEK’S LIMITED WARRANTY.
