ioSafe R4 - Manual (Page 4)

P/N: 900-10004-00 REV 02 USER GUIDE, IOSAFE R4 4
LIMITATION OF REMEDIES
YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR
REPLACEMENT OF THE DEFECTIVE PRODUCT.
ioSafe may elect which remedy or combination of remedies to provide in its sole discretion. ioSafe shall have a
reasonable time after determining that a defective Product exists to repair or replace a defective Product. ioSafe's
replacement Product under its limited warranty will be manufactured from new and serviceable used parts. ioSafe's
warranty applies to repaired or replaced Products for the balance of the applicable period of the original warranty or
ninety days from the date of shipment of a repaired or replaced Product, whichever is longer.
LIMITATION OF DAMAGES
IOSAFE'S ENTIRE LIABILITY FOR ANY DEFECTIVE PRODUCT SHALL IN NO EVENT EXCEED THE PURCHASE
PRICE FOR THE DEFECTIVE PRODUCT. THIS LIMITATION APPLIES EVEN IF IOSAFE CANNOT OR DOES NOT
REPAIR OR REPLACE ANY DEFECTIVE PRODUCT AND YOUR EXCLUSIVE REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
NO CONSEQUENTIAL OR OTHER DAMAGES
NOTWITHSTANDING ANYTHING ELSE IN THIS POLICY OR OTHERWISE, IOSAFE WILL NOT BE LIABLE WITH
RESPECT TO THE PRODUCTS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL
OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE PURCHASE PRICE FOR THE DEFECTIVE
PRODUCT OR (II) FOR ANY GENERAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES.
THESE INCLUDE LOSS OF RECORDED DATA, INTERRUPTION OF USE, THE COST OF RECOVERY OF LOST
DATA, LOST PROFITS AND THE COST OF THE INSTALLATION OR REMOVAL OF ANY PRODUCTS, THE
INSTALLATION OF REPLACEMENT PRODUCTS, AND ANY INSPECTION, TESTING, OR REDESIGN CAUSED
BY ANY DEFECT OR BY THE REPAIR OR REPLACEMENT OF PRODUCTS ARISING FROM A DEFECT IN ANY
PRODUCT. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON.
IN THE UNITED STATES, SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
Your Use of the Product
ioSafe will have no liability for any Product returned if ioSafe determines that:
•
The product was stolen from ioSafe.
•
The asserted defect:
A. is not present,
B. cannot reasonably be fixed because of damage occurring when the Product is in the possession of
someone other than ioSafe, or
C. is attributable to misuse, improper installation, alteration (including removing or obliterating labels
and opening or removing external covers (unless authorized to do so by ioSafe or an authorized
Service Center)), accident or mishandling while in the possession of someone other than ioSafe.
•
The Product was not sold to you as new.
Additional Limitations on Warranty
ioSafe’s limited warranty does not cover Products which have been received improperly packaged, altered, or
physically damaged. Products will be inspected upon receipt. You can view additional examples of the warranty
limitations below by clicking on the available links.