Copyright 2005, Enfora L.P. 86
repair or replace a defective product, the purchaser’s exclusive remedy
shall be a refund of the original purchase price. Any returned and
replaced product, or any product for which Enfora has refunded the
original purchase price, becomes the property of Enfora.
Enfora shall have no obligation under this limited warranty for normal
wear and tear, the cost of procurement of substitute products, or any
defect that is (i) discovered by purchaser during the warranty period but
an RMA number is not requested from Enfora until after the end of the
warranty period, (ii) caused by any accident, misuse, abuse, improper
installation, handling or testing, or unauthorized repair or modification
of the product, (iii) caused by use of the product other than in
accordance with its documentation or (iv) the result of electrostatic
discharge, electrical surge, fire, flood or similar causes.
ENFORA’S SOLE RESPONSIBILITY AND PURCHASER’S SOLE
REMEDY UNDER THIS LIMITED WARRANTY SHALL BE TO REPAIR
OR REPLACE THE PRODUCT (OR IF REPAIR OR REPLACEMENT
IS NOT POSSIBLE, TO OBTAIN A REFUND OF THE PURCHASE
PRICE) AS PROVIDED ABOVE. ENFORA EXPRESSLY DISCLAIMS
ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY
PERFORMANCE AND/OR FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL ENFORA BE LIABLE FOR ANY
INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOSS OR INTERRUPTION OF USE, DATA, REVENUES OR
PROFITS) RESULTING FROM A BREACH OF THIS LIMITED
WARRANTY OR BASED ON ANY OTHER LEGAL THEORY, EVEN IF