User Manual

24
GUARANTEE
#14: Guarantee
This limited warranty is provided by Fibar USA, LLC (the “Company”), 1040 E. Lake Ave., Glenview, Illinois
60025, as the sole and exclusive remedy oered to a purchaser (the “Customer”) of the products (the “Prod-
ucts”) for any alleged defects in any of the Products. The warranty is subject to all terms sets forth below.
1. LIMITED WARRANTY:
Subject to the limitations of section 2, the company warrants that the products sold by the company to the
customer will be free from defects in material and workmanship under normal use and regular service and
maintenance for a period of one (1) year from the date of purchase of the products. The one-year period
may be referred to as the “limited warranty period”.
This is the sole and exclusive warranty given by the company with respect to the products and is in lieu of
and excludes all other warranties, express or implied, arising by operation of law or otherwise, including
without limitation, any implied warranties of merchantability, tness for a particular purpose, non-infringe-
ment and the implied condition of satisfactory quality.
The product is not, is not intended to function or be used as, should not be used as, and shall not be
deemed to be, an alarm system or home security system. The product’s intended use shall not include use
as an alarm system or home security system.
This limited warranty does not extend to any losses or damages due in whole or in part to misuse, accident,
abuse, neglect, normal wear and tear, negligence (other than the Companys), unauthorized modication
or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improp-
er installation, repair, handling, maintenance or application, third party actions or omissions (whether as
an agent or apparent agent of the Company), criminal acts, or any other cause not the direct fault of the
Company.
2. LIMITATION OF REMEDY:
If within the limited warranty period, the Customer discovers any covered warranty defects and noties the
Company within thirty (30) days of such discovery, pursuant to the Claims Procedure in Section 4 below,
the Company shall, at its option and as the Customers exclusive remedy, repair or replace F.O.B. point of
manufacture.
The remedies set forth in this limited warranty are exclusive. The sole and exclusive remedy for breach of
any warranty hereunder shall be limited to repair or replacement of the products.
In the event that the product cannot be repaired or replaced, the company reserves the right to substitute
a product of similar technical parameters.
The company will not refund the purchase price of the original product.
Failure by the Customer to give such written notice within the thirty (30) day time period shall be deemed
an absolute and unconditional waiver of the Customers claim for such covered defects. All costs and
expenses of dismantling, reinstallation and freight, including the time of the Company’s personnel and
representatives for site travel and diagnosis under this limited warranty, shall be borne by the Customer
unless accepted in writing by the Company. Products repaired or replaced during the limited warranty
period shall be covered by the foregoing limited warranty for the remainder of the limited warranty period.
The Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising
out of, connected with, or resulting from the use of Products, either alone or in combination with other
products/components.
3. LIMITATION OF LIABILITY:
In no event, regardless of the form of the claim or cause of action (whether based in contract, infringement,
negligence, strict liability, other tort or otherwise), shall the company’s liability to the customer or any third
party exceed the price paid by the customer for the specic products giving rise to the claim or cause of
action.
To the maximum extent permitted by applicable law, the company shall not be liable to the customer or
any third party for any general, direct, indirect, incidental, special, consequential, or punitive damages, in-
cluding, but not limited to, loss of prots or anticipated prots, business interruption, loss of use, revenue,
reputation and data, costs incurred, loss or damage to property or equipment, bodily injury, or death, aris-
ing from any claim or cause of action relating to the product, whether such is based on warranty, contract,
tort (including negligence and strict liability.
These limitations shall apply notwithstanding any failure of essential purpose of any remedy. Some states
and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the
above exclusions may not apply to certain customers.
The Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising
out of, connected with, or resulting from the use of Products, either alone or in combination with other
products/components.