Limited Warranty
In Focus Inc. warrants that each “ceiling mount” 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. The product may contain recycled components that are in new condition. Said warranty shall continue for a period of one (1) year from the date of such purchase. Proof of purchase is required for all warranty claims. 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 busi- ness use. In Focus’ liability for the breach of the foregoing limited war- ranty 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 exer- cise the Purchaser’s rights under the foregoing warranty, the Product must be returned at the Purchaser’s sole cost and expense, to In Focus, and must be protected by packaging comparable to the original pack- aging. The Product must be accompanied by a written letter that includes (i) proof of date of purchase, (ii) the dealer’s name, (iii) the part number of the accessory item or the projector/panel model num- ber, (iv) your business card information, (v) explanation of how the item was damaged, and (vi) description of the damage and reason for the return. Please call In Focus or your dealer for information on where to send your case. In Focus will repair/replace and return the case within 10 days of receipt of the item.
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 stress, unauthorized modifica- tions, tampering, alterations, or service other than by In Focus, causes other than from ordinary use or failure to properly use the Product in the application for which said Product is intended.
Disclaimer of 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 con- tract, in tort, under any warranty, in negligence or otherwise shall not exceed the return of the amount of the purchase price paid by pur- chaser and under no circumstances shall In Focus be liable for special, indirect or consequential damages or lost profits, lost revenues, or lost savings. 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
11
