UAB 8 devices warrants that its PRODUCTS, at time of shipment, and for one (1) year thereafter, be free from defects in materials and workmanship and will conform in all material aspects to 8devices applicable specifications. 8devices obligation under this warranty is limited to the repair or replacement, at 8devices option, of non-conforming PRODUCTS. 8devices obligation under this warranty will not apply to PRODUCTS failure or non conformance arising from physical damage, unauthorized modifications or repair; improper installation, use, maintenance or negligence; line surges, flood, lightning or other environmental conditions. PRODUCTS may be returned only after customer sends a return notice using return request form or email@example.com email address. Customer must prepay all freight and insurance charges to return such PRODUCTS to 8devices designated repair facility. 8devices will deliver replacements for defective and non-conforming PRODUCTS to customer at no-charge, freight pre-paid; import duties and customs clearance are customer’s responsibility. PRODUCTS returned under warranty that are found not to be defective may be subject to a service charge.
THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ANY OBLIGATIONS OR LIABILITIES ON THE PART OF 8dDEVICES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCTS.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, 8DEVICES MAKES NO OTHER WARRANTIES RELATING TO THE PRODUCTS EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE PRODUCTS. ANY AND ALL WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY ARE EXPRESSLY EXCLUDED. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PERFORMANCE OF THE PRODUCTS OTHER THAN AS PROVIDED IN THIS SECTION. DISTRIBUTOR SHALL MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF 8DEVICES.
IN NO EVENT SHALL 8DEVICES BE LIABLE FOR INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE OF DATA OR OTHER COMMERCIAL LOSS WHETHER OR NOT 8DEVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), IN LAW OR EQUITY, STRICT PRODUCT LIABILITY OR OTHERWISE, OR UNDER ANY OTHER THEORY INCLUDING CLAIMS CONCERNING PATENT, COPYRIGHT OR OTHER PROPRIETARY RIGHTS INFRINGEMENT.