PROSARIS LTD., WARRANTY AND DISCLAIMER
Prosaris Solutions Ltd. ("Prosaris") warrants that the Prosaris OL1 accompanying this document (the "OL1") will be free from defects in material and workmanship for the first year (1-year) of the OL1 life, subject to the terms and conditions of this Limited Warranty and Disclaimer (the "Warranty").
This Limited Warranty takes effect from the original date of purchase. Please keep your invoices or sales receipts as your Proof of Purchase date.
The customer must contact Prosaris in the event he or she believes the OL1 is defective and covered by this Warranty in order to open a warranty claim. Call Prosaris at +1(902) 800-7947 between 9:00 a.m. to 5:00 p.m. Atlantic Time, Monday through Friday to speak with a customer service representative, or email firstname.lastname@example.org.
In some instances, it may be determined that parts can be easily installed by the customer and Prosaris reserves the right to ship replacement parts directly to the customer for installation. Otherwise, the customer must pay for shipping the OL1 to Prosaris at 3-26 Topsail court, Bedford, Nova Scotia, B4B 1K5, Canada, for inspection.
If the OL1 is defective, as determined solely by Prosaris after an inspection, the shipping costs will be refunded if proof of shipping is provided. No refunds of shipping costs will be made if the OL1 is not defective.
Repair or Replacement
Prosaris' obligation under this Warranty is limited, at its sole and exclusive option, to either the repair or replacement of the OL1 where a defect has been claimed and is determined by Prosaris to be present.
Upon inspection by Prosaris, the OL1 or parts thereof that prove to be defective will be repaired or replaced at no charge, and the Case will be shipped back to the customer by Prosaris.
Limitation of Warranty
The Warranty herein applies only to the original customer and is conditional upon the customer giving prompt notice to Prosaris of any discovered defects. Prosaris shall not be responsible for any other defects or damage, including, but not limited to, any defects or damage caused by or resulting from:
a) alterations to the OL1 by anyone other than Prosaris;
c) damage due to an intentional or negligent act of a third party;
d) abuse or negligence;
e) wear and tear;
g) failure to use the OL1 in a safe and reasonable manner, or
h) force majeure.
If the OL1, in the judgment of Prosaris, shows evidence of having been altered, modified or repaired without the authorization of Prosaris, the Warranty herein shall not apply.
THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. PROSARIS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Prosaris’ cumulative liability for damages of any kind whatsoever arising out of the use or possession of the OL1, regardless of the form of action, whether in contract or tort, including negligence or strict liability, shall be limited to the purchase price of the OL1.
IN NO EVENT SHALL PROSARIS BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR POSSESSION OF THE OL1, INCLUDING THE VALUE OF THE TABLET OR MOBILE DEVICE USED WITH THE OL1, WHETHER OR NOT PROSARIS HAS RECEIVED NOTICE OF THE POSSIBILITY OR CERTAINTY OR SUCH DAMAGES OR LOSSES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.