STATEMENT OF LIMITED WARRANTY
1. STATEMENT OF LIMITED WARRANTY
Top and Tech Enterprises, Inc. (“CoolMax? hereby warrants to you, the original purchaser and end user, that the products you purchased which accompany this Statement of Limited Warranty shall materially conform to their accompanying documentation in normal use consistent with such documentation for thirty-six (36) months from the date of first purchase thereof by you (the “Warranty Period?. Top and Tech Enterprises will replace any product which fails to conform to such warranty and which has been returned, at your risk and expense, to Top and Tech Enterprises. Returned products shall be subject to the balance of the Warranty Period otherwise applicable. Any reconditioned parts used by Top and Tech Enterprises shall be subject to all the same provisions as otherwise applicable to new parts. THE FOREGOING DESCRIBES TOP AND TECH ENTERPRISES?SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR ANY BREACH OF WARRANTY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS STATEMENT OF LIMITED WARRANTY, YOU MUST RETURN THE PRODUCTS UNUSED AND IN THEIR ORIGINAL CONTAINERS WITHIN THREE (3) DAYS AND YOUR PURCHASE PRICE WILL BE REFUNDED.
2. WARRANTY EXCLUSIONS AND LIMITATION OF LIABILITY
The foregoing warranty does not cover and shall be void for: (I) defects or damages resulting from casualty, accident, misuse or abuse, neglect, alterations, service or repair by other than CoolMax or its independent third party service providers, including without limitation by you; (II) improper installation or de-installation, operation or maintenance, improper connections with peripherals or other causes not arising out of defects in the materials or workmanship of Products; (III) any Product for which the warranty sticker has been removed, modified or defaced; (IV) shipping containers, batteries, cabinets, media, software or accessories; (V) normal wear and tear; or (VI) damage to or loss of repaired or replaced Products during shipping by CoolMax except when such damage or loss is caused by poor or inadequate packaging by CoolMax.
COOLMAX WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF COOLMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF COOLMAX HEREUNDER EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY, REGARDLESS OF THE CAUSE OF ACTION, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NOT ALL JURISDICTIONS ALLOW SUCH LIMITATIONS OF DAMAGES SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
3. PROCEDURE FOR WARRANTY SERVICE
Prior to returning any Products to CoolMax for warranty service, you must first contact CoolMax, either by telephone at 909.937.9885 or email at 2Support@CoolMaxUSA.com to confirm that such Products are covered by the foregoing warranty. If such Products are so covered, you shall obtain from CoolMax a return materials authorization (“RMA? number and shipping instructions prior to any shipment of such Products to CoolMax, and you must include such RMA number with any corresponding Product shipment, along with a true and correct copy of the original receipt showing the date of Product purchase by you, and a detailed, written description of any associated Product problems. Please note that the customer is responsible for all shipping charges incurred in returning an item for a replacement.
4. WARRANTY DISCLAIMER AND LIMITATIONS
THE FOREGOING STATES COOLMAX SOLE AND EXCLUSIVE WARRANTY TO YOU AND ANY THIRD PARTY CONCERNING THE PRODUCTS (INCLUDING WITHOUT LIMITATION SPARE PARTS, DOCUMENTATION, CUSTOMIZATIONS AND CONSUMABLES). EXCEPT AS PROVIDED ABOVE, THE PRODUCTS ARE PROVIDED ON AN “AS IS?BASIS, AND COOLMAX MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY COOLMAX. YOU SHALL NOT HAVE THE RIGHT TO MAKE OR PASS ON, AND SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT NEITHER YOU NOR ANY OF YOUR AGENTS OR EMPLOYEES SHALL MAKE OR PASS ON, ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION ON BEHALF OF COOLMAX TO ANY CUSTOMER OR THIRD PARTY. COOLMAX DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT FAILURE, OR THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS. NOT ALL JURISDICTIONS ALLOW SUCH WARRANTY LIMITATIONS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
5. CHOICE OF LAW AND JURISDICTION
This Statement of Limited Warranty shall be subject solely to the laws of the State of California as apply to contracts entered into in the State of California between California residents. Any dispute arising hereunder shall be subject to the sole jurisdiction of the State and Federal Courts located in California the parties hereby consent to the personal jurisdiction of such courts.
6. ADDITIONAL WARRANTY PERIOD
From time to time, certain Products may be eligible for an extended warranty period. Please visit www.coolmaxusa.com to see whether your Products are eligible.
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