SpreengsTM warrants that all manufactured product will be free of any defect in materials or workmanship for the period of (1) year. Warranty begins from the date of shipment from the main warehouse facility. The warranty is extended to customers and applies to all SpreengsTM manufactured product purchased, installed, and used for the purpose for which such product was originally designed. The above warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, and usage not in accordance with product instructions, acts of nature, or improper installation or repairs made by anyone other than SpreengsTM. SpreengsTM reserves the right to substitute functionally equivalent new or serviceable used parts.
WARRANTY CLAIMS AND PROCEDURES
1. During the applicable Warranty Period outlined above, customer’s sole and exclusive remedy for any breach of the Warranty will be, at Spreengs‘ sole discretion and option, the repair or replacement of the defective product. Components that customer claims to be defective must be available to SpreengsTM for inspection and evaluation. To be entitled to rights under the Warranty, the customer must notify SpreengsTM in writing within thirty (30) days after discovering a suspected defect in any product, but in any event prior to the expiration of the applicable Warranty Period. Following its receipt of any such customer notice, SpreengsTM will determine whether the reported problem is covered by this Warranty. If SpreengsTM determines that the problem is covered, SpreengsTM will authorize repair or replacement of the defective product, as deemed appropriate by SpreengsTM in its sole discretion.
2. Before shipping any product to SpreengsTM, the customer must obtain a Return Merchandise Authorization, RMA, number from SpreengsTM, and must provide original order number or proof of purchase. Any product received by SpreengsTM without a RMA may, at Spreengs‘ option, be returned to the customer collect. Once a RMA is obtained, the customer is responsible for packing and shipping the product to a service facility designated by SpreengsTM, within fifteen (15) days after receipt of the RMA. Upon receipt of defective product by SpreengsTM, SpreengsTM will replace product and bear shipping fees.
3. SpreengsTM will provide customer with new, rebuilt, refurbished or alternate product of equal or improved quality, as exchange product to replace eligible defective product. Any alternate product will meet or exceed the specifications of the replaced product. Unless otherwise specified by SpreengsTM in writing, repaired or replaced product are covered only for the remainder of the term of the applicable Warranty. All defective product replaced by SpreengsTM become the property of SpreengsTM. SpreengsTM has no obligation to (i) service, exchange or otherwise replace any product that has been damaged, modified, abused, misused or over-used as determined by SpreengsTM or has been used with non-SpreengsTM supplies or products that have caused damage or malfunction; (ii) refinish, refurbish, restore or exchange any product with cosmetic blemishes. If SpreengsTM elects to perform any such services at customer’s request, then such services will be deemed a service call and all labor, parts and materials used for the service call will be charged at Spreengs’ then-prevailing rates.
WARRANTY EXCLUSIONS
SpreengsTM does not warrant or guarantee, and is not responsible for:
1. Defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside of Spreengs’ control, or (B) customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the product in any way.
2. Product built to customer’s specifications that are later found not to meet customer’s needs or expectations.
3. The performance of the product when used in combination with equipment not purchased, specified, or approved by SpreengsTM.
DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY PROVIDED IN THIS STANDARD WARRANTY POLICY STATEMENT, SPREENGSTM HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL SPREENGSTM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF ERROR CORRECTION, REPAIR OR REPLACEMENT, REPERFORMANCE OF SERVICES AND REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF SPREENGSTM LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE SPREENGSTM PRODUCT OR SOFTWARE LICENSES SOLD TO CUSTOMER AND WARRANTED HEREUNDER, SPREENGSTM PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER RELATED TO THIS STANDARD WARRANTY POLICY STATEMENT, FOR ANY AND ALL CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY SPREENGSTM FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE.
Effective Date: June 15, 2015.
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