Seller warrants its Radiocomm products to the Buyer who purchases directly from Acentury or through authorized distribution channels from the date of shipment from the Seller for a period of 36 months for passive network component devices. Product shall be free of defects in materials and workmanship when used in accordance with Seller specifications and accepted engineering practices. Excluded from this policy are private labeled or custom products developed for specific customers or applications. These devices are warrantied under the agreed upon purchase agreement for those products.
The warranty granted here shall extend directly to Buyer and not to Buyer’s customers, agents or representatives
Seller shall not be held liable for incidental, consequential or special damages of any kind resulting from any use or failure of this product, even if the seller has been advised of the possibility.
Seller’s sole and exclusive obligation, and Buyer’s sole and exclusive right, with respect to claims under this warranty shall be limited, at Seller’s option, either to the replacement or repair of a defective or non-conforming Product or to an appropriate credit for the purchase price thereof. Seller will have a reasonable time to repair, replace or credit. The non-conforming or defective Products shall become Seller’s property as soon as they have been replaced or credited.
Buyer may ship Products returned under warranty to Seller’s designated facility only in conformance with Seller’s current return material authorization policy or to the authorized distributor the product was originally purchased from.
Seller has no obligations under warranty if the alleged defect or non-conformance is found to have occurred as a result of environmental or stress testing, misuse, use other than as set forth in the Seller specification, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling.
Returns: Seller does not accept any products for refund or return, except under the Warranty. Products may only be returned if they are defective or for warranty service, as applicable. All returns must have a Return Material Authorization (RMA) number assigned by Seller prior to shipping. Please use the link that follows to complete the form to request an RMA number . There are no other means of requesting an RMA number. Upon our approval, an RMA number will be issued to the Customer via email, along with complete shipping and labeling instructions. Items returned without an RMA number will be rejected and the shipment will be returned to the Customer at the Customer’s expense.
Governing Law: This agreement shall be governed by the laws of the Province of Ontario, Canada.
SELLER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS AGREEMENT, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. WITHOUT LIMITING THE FOREGOING, SELLER DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT.
TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID FOR PRODUCTS PURCHASED HEREUNDER. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.