LIMITED PRODUCT WARRANTY
For the purposes of this Warranty, the terms We, Us or Our means the relevant Observant entity as set out at the foot of this document.
Except as provided below, We warrant that (i) for a period of three (3) years from the date of sale to a customer (“You”), Our C3 Products shall be free from defects in material and workmanship and (ii) for a period of one (1) year from the date of sale to You, Our Solo and Pico Products shall be free from defects in material and workmanship. Equipment from third party manufacturers or suppliers is covered by their applicable warranties.
In the event any Products are found to be defective during the applicable warranty period, You must contact the place of purchase (“Dealer”) and the Dealer must immediately contact Us and the Dealer will work with Us to address the defect. You must contact the Dealer before the expiration of the applicable warranty period to make a warranty claim and follow the process set out at http://observant.net/support/warranty. If the Products are determined to be defective by Us, We will issue a return merchandise authorization number (“RMA”). You or the Dealer, as appropriate, shall return the Product(s) to Us with the RMA clearly affixed to the Product and postage prepaid at the address set out below or other address and method as specified with the RMA documentation.
We will, at Our sole option, either repair or resupply the defective Product(s). Any repair or resupply hereunder may contain newly manufactured or reconditioned used parts which are functionally equivalent to new.
The foregoing limited warranty shall become void and will not apply if: (a) the Product(s) has/have been tampered with in any way or attempts to repair it/them have been made by any person other than Our authorized Observant employee or authorized Dealer technician; or (b) third party supplied parts/products used in conjunction with the Product have damaged the Product; or (c) damage which occurred in shipping is apparent or subsequently proved; or (d) the Product(s) is/are damaged by catastrophe, fault or negligence of any person or entity other than Us; or (e) the Product(s) is/are damaged by installation, use or maintenance of such Product(s) other than as instructed by Us, or for purposes other than that for which is it specifically designed.
This limited warranty is subject to change by Us from time to time as notified on our website at observant.net.
Any action for breach of this warranty shall be brought within three (3) months of the expiration of the applicable warranty period.
OUR OBLIGATION UNDER THIS LIMITED WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT AT OUR SOLE DISCRETION. ANY AND ALL COSTS OF REMOVAL, INSTALLATION AND/OR REINSTALLATION, AND FREIGHT CHARGES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY. EXCEPT AS SET FORTH HEREIN, THERE ARE NO OTHER EXPRESS OR IMPLIED PRODUCT WARRANTIES AND OBSERVANT HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT PRODUCTS WILL MEET OR CONTINUE TO MEET DEALER'S OR DEALER'S CUSTOMER SPECIFICATIONS OR THAT ANY OR ALL ERRORS, MALFUNCTIONS AND DEFECTS CAN OR WILL BE CORRECTED. WE DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO DEALER, CUSTOMER OR ANY THIRD PARTY FOR ANY LOST BUSINESS PROFITS OR LOST DATA, OR LOSS OF SAVINGS OR REVENUE, OR LOSS OF USE OF THE PRODUCT OR ASSOCIATED EQUIPMENT OR DOWNTIME, OR THE COST OF SUBSTITUTE EQUIPMENT, OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL OUR LIABILITY TO YOU, DEALER OR ANY OTHER PARTY EXCEED THE PURCHASE PRICE PAID BY DEALER TO US FOR THE PRODUCTS CONNECTED WITH ANY CLAIM, WHETHER SUCH CLAIM IS IN CONTRACT, TORT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFICATION CLAIMS.
Who You are contracting with under this Warranty, who You should direct Notices to, the law that will apply to the Agreement and the courts having jurisdiction depend on where you are domiciled as set out below:
|Where you are domiciled||Relevant Entity||Notices should be sent to||Governing law|
|North America||Jain USA||Jain USA.
2851 East Florence Ave Fresno, CA 93721
|State of California, USA|
|Australia and Rest of World||Observant||Observant
77 Argyle St
Fitzroy, Victoria 3065