Kaiterra Limited Warranted
Origins Creative Limited (“Kaiterra”) warrants to customers (each, a “Purchaser”) that each Kaiterra product, including any firmware incorporated in any such product (the “Product”) will substantially conform in all material respects to the Kaiterra published specifications for such Product for twelve (12) months from the date of purchase of such Product by Purchaser (the “Warranty Period”). Kaiterra’s entire liability and Purchaser’s sole and exclusive remedy for any breach of this limited warranty will be, at Kaiterra’s option: (A) to use reasonable efforts to remedy and repair any reproducible Product defect covered by this limited warranty within a reasonable period of time; or (B) to replace the defective Product with a functionally equivalent product (repair parts and products may be either reconditioned or new, but, if reconditioned, shall be of the same quality as new parts or products). All replaced parts become the property of Kaiterra. Kaiterra may, at its sole option, refuse to accept as defective any Product that (i) is subject to the exclusions set forth below; or (ii) cannot be demonstrated to be defective by Kaiterra and Purchaser is unable to provide adequate information describing how the Product failed. Such Product will, at Purchaser’s option and expense, either be: (a) returned to Purchaser in the state received, or (b) repaired and returned to Purchaser. Any repaired or replaced Product will be warranted for the remainder of the original warranty.
This limited warranty will not apply to: any Product that: (i) has been modified or altered by any party other than Kaiterra; (ii) has been subject to accident, misuse, abnormal wear and tear, neglect, or mistreatment; (iii) damage caused during installation of the Product; (iv) damage caused by the equipment or system with which the Product is used; (v) damage caused by liquids in the Product case; or (vi) damage to the Products’ interface or power connectors; (vii) Products that are reasonably determined to be counterfeit. The warranty applies only to Products that can be identified by the Kaiterra trademark, trade name, serial number or logo affixed to them. Kaiterra does not warrant any Product that is not manufactured by, for, or with permission from Kaiterra.
If Purchaser does not already have a support contract with Kaiterra in place, it must follow the following procedures: (1) Contact Kaiterra (see www.kaiterra.com for current contact data) and request a Return Material Authorization (RMA) number. Please be prepared to provide the serial number of the Product, the date of purchase, and a description of the failure that is as complete as possible. (2) Pack the Product in its original container and packing or an equivalent. (3) Write the RMA number CLEARLY on the outside of the shipping box. (4) For services during the Warranty Period, Purchaser is responsible for the shipping, taxes, duty, risk of loss and insurance charges to Kaiterra and Kaiterra will pay the return shipping and insurance charges. Purchaser is responsible for all duties, VAT, tariffs or other taxes incurred in returning the Product/replacement Product to Purchaser. PRODUCTS RETURNED WITHOUT A DULY ISSUED RMA NUMBER WILL BE RETURNED TO PURCHASER AT PURCHASER’S EXPENSE.
THIS EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES TO PURCHASER, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCT AND ANY RELATED SERVICES. KAITERRA, ITS SUPPLIERS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL SUCH IMPLIED AND EXPRESS WARRANTIES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, KAITERRA DOES NOT WARRANT RESULTS OF USE OR THAT PURCHASER’S USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. NO WARRANTIES ARE MADE BY KAITERRA’S SUPPLIERS. EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN, THE PRODUCT IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, ACCURACY AND EFFORT IS WITH PURCHASER.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL KAITERRA, ITS SUPPLIERS OR LICENSORS BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF KAITERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL KAITERRA’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCT PAID BY PURCHASER THAT IS THE SUBJECT OF A CLAIM. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, KAITERRA DISCLAIMS ALL LIABILITY OF ANY KIND OF KAITERRA’S SUPPLIERS.
The Product is not designed, manufactured or intended for use in hazardous or critical environments or in activities requiring emergency or fail-safe operation or in any other applications or activities in which failure of the Products may pose the risk of environmental harm or physical injury or death to humans (“Dangerous Applications”). Kaiterra specifically disclaims any liabilities or warranties for any use of the Product by Purchaser for Dangerous Applications.
This limited warranty statement is the final and complete expression of all agreements between Kaiterra and Purchaser with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements, proposals or other communications, oral or written, between the parties with respect to such subject matter. KAITERRA RESERVES THE RIGHT TO MAKE CHANGES IN ITS PRODUCTS WITHOUT OBLIGATION TO INCORPORATE SUCH CHANGES INTO ANY PRODUCT PREVIOUSLY MANUFACTURED.