GOCCE DI LUCE USA CORP. - LIMITED ONE-YEAR WARRANTY
The warranty obligations of Gocce di Luce U.S.A. Corp. and/or its subsidiaries or affiliates (“Seller”) for this product are limited to the terms set forth below:
1. Limited Warranty. Seller warrants that all new Products will be free under normal use from any defects in workmanship or materials, provided that any allegedly defective Product has not been altered, misused, neglected or damaged through causes unconnected with its manufacture. This limited warranty shall terminate upon the expiration of ONE (1) YEAR from the date of delivery of the Products to Buyer. This limited warranty shall not extend to anyone other than the original Buyer of the Product. As a prior condition to any obligation of Seller under Seller’s limited warranty, Buyer must have fully paid for the Products purchased from Seller. In the event that a defect is found, Seller will either repair or replace any part of the Product that is proven to be defective within a reasonable time. Repair or replacement is at Seller’s exclusive option.
2. Disclaimer of other warranties. EXCEPT AS EXPRESSLY WARRANTED IN THIS LIMITED WARRANTY, ANY STATUTORY AND IMPLIED WARRANTY AND ANY REMEDY WHICH BUT FOR THE WARRANTY CONTAINED HEREIN MIGHT ARISE BY IMPLICATION OR OPERATION OF LAW, IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. SELLER ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH BUYER MAY BE BUYING THESE GOODS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO BUYER. THIS WARRANTY GIVES BUYER SPECIFIC LEGAL RIGHTS, AND BUYER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
3. No oral statements. In the event that Seller’s salespeople have made oral statements about the Products, such statements do not constitute warranties, shall not be relied on by Buyer and are not part of the order or any agreement.
4. LIMITATION OF LIABILITY. IT IS UNDERSTOOD AND AGREED THAT SELLER'S MAXIMUM LIABILITY AND BUYER'S SOLE AND EXCLUSIVE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE, SHALL BE STRICTLY LIMITED TO EITHER THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PART OF THIS PRODUCT AT SELLER’S EXCLUSIVE OPTION. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE AND OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO BUYER AND BUYER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
5. LIMITATION OF REMEDIES. THE SOLE OBLIGATION AND LIABILITY OF SELLER, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS OR AGENTS, AND BUYER’S SOLE AND EXCLUSIVE REMEDY, IN CONNECTION WITH THIS PRODUCT OR ITS USE OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, SHALL BE STRICTLY LIMITED AT SELLER’S OPTION TO REPAIR OR REPLACEMENT OF THIS PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES.
6. SEVERABILITY. IF ANY PORTION OF THIS LIMITED WARRANTY IS HELD ILLEGAL OR UNENFORCEABLE BY REASON OF ANY LAW, SUCH PARTIAL ILLEGALITY OR UNENFORCEABILITY SHALL NOT AFFECT THE ENFORCEABILITY FOR THE REMAINDER OF THIS LIMITED WARRANTY WHICH BUYER ACKNOWLEDGES IS AND WILL ALWAYS BE CONSTRUED TO BE LIMITED BY ITS TERMS OR AS LIMITED AS THE LAW PERMITS.
7. Return Policy and Procedures. Before returning a product directly to Seller, Buyer must obtain a Return Material Authorization (“RMA”) number and the correct factory "Ship To" address. RMA numbers expire thirty (30) days after they are issued. Product shipments will be refused and returned at your expense if they are unauthorized, returned without an RMA number clearly marked on the outside of the shipping box or or with an RMA that has expired, if they are shipped to the wrong location. When you contact Seller to obtain service, please be prepared to supply:
• The serial number of your product
• Information about the failure and/or reason for the return
• A copy of your dated proof of purchase