PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCEPTING DELIVERY OF POSITIVE GRID PRODUCTS, YOU AGREE TO ACCEPT AND BE BOUND BY THESE TERMS AND CONDITIONS.
Positive Grid warrants that your new Positive Grid product, when purchased at an authorized Positive Grid retailer or reseller, shall be free of defects in materials and workmanship for a period of One (1) Year from the original date of purchase. Positive Grid may, in its sole discretion, require proof of the original purchase date in the form of a dated copy of the original authorized dealer’s invoice or sales receipt.
During the Warranty Period:
- Positive Grid shall, in its sole discretion, either repair or replace any product that proves to be defective upon inspection by Positive Grid.
- Positive Grid reserves the right to update any product returned for repair and to change or improve the design of the product at any time without notice.
- Positive Grid reserves the right to use reconditioned parts and assemblies as warranty replacements for authorized repairs.
- Service and repairs are to be performed only by Positive Grid or a Positive Grid authorized service center.
- Unauthorized service, repair or modification will void this Limited Warranty.
This is your sole warranty. Positive Grid does not authorize any third party, including any dealer, retailer or sales representative, to assume any liability on behalf of Positive Grid or to make any warranty for Positive Grid.
Transferability/Assignment of Warranty:
This Limited Warranty is extended to the original retail purchaser. This Limited Warranty can be transferred to anyone who may subsequently purchase this product provided that such transfer is made within the Warranty Period and Positive Grid is provided with all of the following items: all warranty registration information for the new owner (see www.positivegrid.com/warranty), and a photocopy of the original sales receipt. Warranty coverage shall be determined by Positive Grid in its sole discretion. When transferring ownership of a product that provides online connectivity to Positive Grid software or ToneCloud, it is very important that you CANCEL your online subscription(s) before transferring ownership of the product.
You are responsible for all shipping costs to transport your product to Positive Grid or an authorized service center. Positive Grid will pay for shipping and freight charges to return your product after service is complete, within the Country of original purchase only.
DISCLAIMER AND EXCLUSIONS:
THE FOREGOING WARRANTY IS THE ONLY WARRANTY GIVEN BY POSITIVE GRID AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEEDING THE SPECIFIC PROVISIONS OF THIS WARRANTY ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS WARRANTY. UPON EXPIRATION OF THE APPLICABLE EXPRESS WARRANTY PERIOD DESIGNATED ABOVE, POSITIVE GRID SHALL HAVE NO FURTHER WARRANTY OBLIGATION OF ANY KIND.
Positive Grid shall NOT be liable for, and this Limited Warranty does not apply to:
- Products purchased from unauthorized Positive Grid retailers or resellers.
- Products presented for warranty support or service without proof of purchase.
- Products that have been altered in a manner that the serial number, name, identification numbers or logos have been tampered with or are missing.
- Products that have been modified from the original design.
- Damages incurred during transit to an authorized Positive Grid service center.
- Damages incurred from unauthorized adjustment, repair or service by anyone other than Positive Grid or an authorized Positive Grid service center.
- Damages incurred from physical abuse of the product.
- Damages incurred by fire, flood, earthquake, water, wind, lightning or other natural disaster.
- Damages incurred by liquid contamination.
- Damages incurred from excessive high or low temperature or humidity.
- Damages incurred from inappropriate storage.
- Physically damaged connectors.
- Damage incurred from any use of the product in any application other than the use for which it was intended.
LIMITATION OF LIABILITY:
POSITIVE GRID SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE PURCHASER OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR BUSINESS, OR DAMAGES RESULTING FROM USE OR PERFORMANCE OF THE PRODUCT, WHETHER IN CONTRACT OR IN TORT EVEN IF POSITIVE GRID HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. POSITIVE GRID SHALL NOT BE LIABLE FOR ANY EXPENSES, CLAIMS, OR SUITS ARISING OUT OF OR RELATING TO ANY OF THE FOREGOING. POSITIVE GRID’S FULL LIABILITY FOR ANY DEFECTIVE PRODUCT SHALL IN NO EVENT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE DEFECTIVE PRODUCT*
*Some states do not allow the exclusion or limitation or incidental or consequential damages, so the above limitation may not apply to you.