LIMITED WARRANTY
In Focus Systems Inc. (“In Focus”) warrants that each LitePro 580 (“the Product”) sold hereunder will conform to and function in accordance with the written specifications of In Focus. Said limited warranty shall apply only to the first person or entity that purchases the Product for personal or business use and not for the purpose of distribution or resale. Said warranty shall continue for a period of one (1) year from the date of such purchase. In Focus does not warrant that the Product will meet the specific requirements of the first person or entity that purchases the Product for personal or business use. In Focus’ liability for the breach of the foregoing limited warranty is limited to the repair or replacement of the Product or refund of the purchase price of the Product, at In Focus’ sole option. To exercise the Purchaser’s rights under the foregoing warranty, the Product must be returned at the Purchaser’s sole cost and expense, to In Focus or to any authorized In Focus service center provided, however, that the Product must be accompanied by a written letter explaining the problem and which includes (i) proof of date of purchase; (ii) the dealer’s name; and (iii) the model and serial number of the Product. A return authorization number, issued by the In Focus customer service department, must also be clearly displayed on the outside of the shipping carton containing the Product.
WARRANTY LIMITATION AND EXCLUSION
In Focus shall have no further obligation under the foregoing limited warranty if the Product has been damaged due to abuse, misuse, neglect, accident, unusual physical or electrical stress, unauthorized modifications, tampering, alterations, or service other than by In Focus or its authorized agents, causes other than from ordinary use or failure to properly use the Product in the application for which said Product is intended.
DISCLAIMER OR UNSTATED WARRANTIES
THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE HEREOF AND THE FOREGOING WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY IN FOCUS.
LIMITATION OF LIABILITY
IT IS UNDERSTOOD AND AGREED THAT IN FOCUS’ LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER AND UNDER NO CIRCUMSTANCES SHALL IN FOCUS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION IN LIMITING IN FOCUS’ LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE AGREEMENT TO PURCHASE THE PRODUCT MAY BE BROUGHT BY PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
