Limited Warranty Period
The Limited Warranty periods hereof commence on the date of purchase by the
To Be Eligible For Limited Warranty Coverage
Any person exercising a claim under this Limited Warranty must establish to the satisfaction of InFocus both the date of purchase and that the Product was purchased new. The sales receipt or invoice, showing the date of pur- chase of the Product is the proof of the date of purchase.
To Obtain Warranty Service
During the Limited Warranty period, to exercise this Limited Warranty, the purchaser must first contact 1) InFocus, 2) a service facility authorized by InFocus or 3) the place of original purchase.
InFocus Customer Service –
For Warranty service, the purchaser will be advised to return or deliver the defective Product freight and all fees prepaid, to an InFocus Service Center or to a service facility authorized by InFocus. When returning Product to InFocus, a Return Material Authorization Number (RMA ); is required and must be clearly displayed on the outside of the shipping carton or a similar package affording an equal degree of protection. InFocus or the service facility authorized by InFocus will return the repaired/replaced Product freight prepaid to the purchaser.
Products returned for Warranty service must be accompanied by a written letter that: (i) explains the problem; (ii) provides proof of date of purchase;
(II)provides the dealer’s name; and (I) provides the model and serial num- ber of the Product.
Upon request of InFocus Corporation or an authorized repair center for InFocus, proof of legal import must accompany the warranty repair Prod- uct, otherwise the Product must be returned to the place of original pur- chase, to the manufacturer (Purchaser must bear all tax, duty and freight), or the Purchaser must bear charges for the warranty repair.
No repair or replacement of Product or part thereof shall extend the Limited Warranty period as to the entire Product. Warranty on the repair part and workmanship shall only be effective for a period of ninety (90) days follow- ing the repair or replacement of that part or the remaining period of the Product Limited Warranty whichever is greater.
LIMITATION OF LIABILITY
IT IS UNDERSTOOD AND AGREED THAT INFOCUS’ 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 INFOCUS BE LIABLE FOR SPE- CIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOST REVENUES OR LOST SAVINGS. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING INFOCUS’ LIABILITY.
Limitation on Bringing Action - 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.
Governing Law - Any action, regardless of form, arising out of the agree- ment to purchase the Product is governed by Oregon law.
Mandatory Arbitration – Any action, regardless of form, arising out of the agreement to purchase the Product is subject to mandatory arbitration.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, DEPENDING ON JURISDICTION.
48
