ber prior to returning any product to SMC. Proof of purchase may be required. Any product returned to SMC without a valid Return Material Authorization (RMA) number clearly marked on the outside of the package will be returned to customer at customer’s expense. For war- ranty claims within North America, please call our
WARRANTIES EXCLUSIVE: IF AN SMC PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT IN QUESTION, AT SMC’S OPTION. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLU- SIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDI- TIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR- POSE. SMC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PER- SON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS. SMC SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THE ALLEGED DEFECT IN THE PROD- UCT DOES NOT EXIST OR WAS CAUSED BY CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCI- DENT, FIRE, LIGHTNING, OR OTHER HAZARD.
LIMITATION OF LIABILITY: IN NO EVENT, WHETHER BASED IN CON- TRACT OR TORT (INCLUDING NEGLIGENCE), SHALL SMC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSI- NESS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNEC- TION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFOR- MANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF SMC OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSI- BILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WAR- RANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES