C. Limitations of Liability
1.EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY STATEMENT, IN NO EVENT SHALL MATROX BE LIABLE FOR:
a.any direct, indirect, special, incidental, consequential, foreseeable or unforeseeable, or punitive damages, whether based on contract, tort, delict or any other legal theory and whether advised of the possibility of such damages; and/or
b.damages arising from the loss of use, data, production revenue and/or profit of in connection with the Matrox product or any business interruption.
2.Without prejudice to the foregoing, any liability of Matrox for any breach of warranty shall be limited to the amount paid by the customer for the defective hardware in question.
3.To the extent allowed by local law, Matrox’s entire liability and the customer’s exclusive remedy shall be the repair or replacement of any defective product during the warranty period. Matrox does not offer any other warranty with respect to Matrox hardware or software or any other hardware or software.
4.Customer shall be responsible for all applicable taxes, duties and customs fees on any replacement unit, as well as all transport, insurance, storage and other charges incurred on all returned products.
D. Obtaining Service
1.Verify that your Matrox product was installed and configured according to the information in its accompanying documentation.
2.Read the “Troubleshooting” information included with the Matrox product to see if you can solve the problem yourself.
3.If you are still experiencing difficulties, please contact your dealer where you purchased your Matrox product.
4.If you must return a Matrox product, leave the configuration as it was when you were using it, and leave all identification stickers on the product. Pack the product in its original box and return to your Matrox dealer where the product was purchased, together with your proof of purchase. Your Matrox dealer will return the product for you. Alternatively, if this first option is unavailable to you, you may contact the Matrox Technical Support group who will issue an Return Merchandise Authorization (RMA) number, upon receipt of adequate proof of purchase, and inform you of shipping instructions. DO NOT RETURN THE PRODUCT TO MATROX WITHOUT MATROX’S RMA NUMBER AND EXPRESS AUTHORIZATION.
E. General
This limited warranty shall be governed by the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein and the courts of the Province of Quebec shall have exclusive jurisdiction to hear and decide any dispute instituted by the customer in connection with this limited warranty; the customer waives, by accepting the product, its rights to institute proceedings in connection with this warranty against Matrox in any jurisdiction other than Quebec.