Limitation of Liability
IF YOUR VUZIX BRANDED HARDWARE PRODUCT FAILS TO WORK AS WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT. VUZIX’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE.
VUZIX IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. VUZIX IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED VUZIX OR AN AUTHORIZED REPRESENTATIVE OF VUZIX OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
Warranty Period
The warranty period for VUZIX products is one (1) year from the date of product purchase. This warranty does not extend to any expendable parts, if applicable.
Types of Warranty Service
If your product needs service, refer to the VUZIX website at www.vuzix.com or your product’s manual. You can also call the VUZIX Technical Support Center at (800)
Pick-up Warranty Service
If your product needs a hardware repair that is covered under warranty, please repackage the unit in its original packaging or equivalent packaging material to protect the product for return shipment. VUZIX will then give you return shipping instructions from your location. The product will be repaired and delivered to the location of your choice within the same country. For valid warranty claim servicing, VUZIX will pay the return shipping costs for your product.
VUZIX Replaceable Parts Program
Where available, the VUZIX Replaceable Parts program ships approved replacement parts directly to you to fulfill your warranty. This will save considerable repair time. After you call the VUZIX Technical Support Center at (585)
customer assistance sections of our website.
Warranty Transfer to Another Country
Under the VUZIX Global Warranty program, products may be purchased in one country and transferred to another country, where VUZIX has a service presence, without voiding the warranty. Warranty terms, service availability, and service response times may vary from country to country. A customer may be required to provide
VUZIX is not responsible for any tariffs or duties that may be incurred in transferring the products. Products may be covered by export controls issued by the United States or other governments.
Technical Support
Technical support is defined as assistance with questions on issues about the hardware and software that was either preinstalled by VUZIX on the VUZIX branded product or that was included with the VUZIX branded product at the time of your purchase or lease of the product. Technical support for hardware and software is available for the first ninety
(90)days from date of product purchase or lease. Your dated sales or delivery receipt, showing the date of purchase or lease of the product, is your proof of the purchase or lease date. You may be required to provide proof of purchase or lease as a condition of receiving software technical support. After the first ninety (90) days, technical support for hardware and software that was either preinstalled by VUZIX on the VUZIX branded product or included with the VUZIX branded product at the time of your purchase or lease of the product is available for a fee. Contact VUZIX for additional information at (585)
Service Upgrades
VUZIX may offer extra coverage for your product. For information on service upgrades, refer to www.vuzix.com or ask your local reseller. Service upgrades purchased in one country are NOT transferable to another country.
9