LIMITED WARRANTY
The term “Buyer” as used in this document refers to and includes both (but only) (a) any person or entity who acquires such an item for the purpose of resale to others (i.e., a dealer or distributor of an item), and (b) the first person or entity who acquires such an item for such person’s or entity’s own use.
Broadcast Tools warrants to each Buyer of any item manufactured by Broadcast Tools that the item will be free from defects in materi- als and workmanship at the time it is shipped by Broadcast Tools if the item is properly installed, used and maintained.
EXCLUSIVE REMEDIES
If Broadcast Tools is notified, in writing, of a failure of any item manufactured by Broadcast Tools to conform to the foregoing Limited Warranty within one (1) year following the date of the Buyer’s acquisition of the item, and if the item is returned in to Broadcast Tools in accordance with Broadcast Tools’ instructions for confirmation by inspection of the defect (which at Broadcast Tools’ election may include, without limitation, a requirement that the Buyer first obtain a Return Authorization number from Broadcast Tools, that the Buyer furnish proof of purchase in the form of an invoice and/or receipt, and that the Buyer prepay all freight charges associated with any return of the item to Broadcast Tools using such freight service as Broadcast Tools reasonably may specify), Broadcast Tools will repair or replace the defective item, or will refund the purchase price paid by the Buyer for the item. Broadcast Tools shall have the exclusive right to choose between these alternative remedies.
NO OTHER WARRANTIES OR REMEDIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROADCAST TOOLS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABIL- ITY OR FITNESS FOR A PARTICULAR PURPOSE; AND THE FOREGOING ALTERNATIVE REMEDIES SHALL BE EXCLUSIVE OF ALL OTHER REMEDIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BROADCAST TOOLS NOR ANY OF ITS SUPPLIERS SHALL HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSO- EVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, COST OF CAPITAL, CLAIMS OF CUSTOMERS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR THE INABILITY TO USE ANY ITEM SUPPLIED BY BROADCAST TOOLS), EVEN IF BROADCAST TOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS ONE ALLEGING BREACH OF A CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT, FOR THE VIOLATION OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR ANY OTHER CLAIM OF ANY NATURE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
Broadcast Tools, Inc.
131 State Street
360.854.9559 voice • 360.854.9479 fax support@broadcasttools.com
LIMITED WARRANTY
19
