The terms below shall have the following definitions for purposes of this Warranty:
Client means the original party purchasing the Products from LocknCharge or from a distributor authorized by LocknCharge to sell the Products.
Components mean the components of a Product including the wheels, locks and electrical components.
Main Frame means the main frame or chassis of a Product.
Products means any goods and any related services to be supplied by LocknCharge to the Client pursuant to the Acceptance of an Order and any other goods or services which LocknCharge supplies to the Client from time to time.
LocknCharge warrants that the Products to be supplied to Client are free from defects in material and workmanship under normal use and service for which they were intended if, but only if, the Products have been properly installed and operated. LocknCharge’s obligation under this Warranty is limited to replacing or repairing, free of charge, F.O.B. point of manufacture, any defective part or parts which are returned to LocknCharge at LocknCharge’s facility, provided that such part or parts are returned to LocknCharge within the following Warranty Period:
a. With regard to the Mainframe, the Warranty Period shall be for the entire period in which Client owns and controls the Mainframe. Such Warranty Period shall terminate upon resale of the Mainframe by Client to a third party.
b. With regard to Components, the Warranty Period shall be for a period of two (2) years from the date of delivery of the Product to Client by LocknCharge.
Except as prohibited or limited by applicable law, LocknCharge does not warrant that the Products meet the requirements of any safety code of any country, state, municipality, or other jurisdiction, and Client assumes all risk and liability whatsoever resulting from the use thereof, whether used singly or in combination with other machines or apparatus. This Warranty shall not apply to any of LocknCharge’s Products, or parts thereof, which have been repaired or altered, without LocknCharge’s written consent, outside LocknCharge’s facility or altered in any way so as, in the sole judgment of LocknCharge, to adversely affect the stability or reliability of the Products, or if such Products have been subject to misuse, negligence, or accident, or have been operated in a manner not in accordance with LocknCharge’s printed instructions or have been operated under conditions more severe than, or otherwise exceeding, those set forth in the specifications for such Products.
EXCEPT AS PROHIBITED OR LIMITED BY APPLICABLE LAW, THIS WARRANTY AND THE OBLIGATIONS AND LIABILITIES OF LOCKNCHARGE ARE EXCLUSIVE AND IN LIEU OF WARRANTIES, GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING BY LAW OR OTHERWISE OR WHETHER OR NOT OCCASIONED BY LOCKNCHARGE’S NEGLIGENCE AND CLIENT HEREBY WAIVES ALL REMEDIES NOT EXPRESSLY PROVIDED IN THIS WARRANTY. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY LOCKNCHARGE AND CLIENT. REGARDLESS OF THE FAILURE OF THE SOLE AND EXCLUSIVE REMEDIES PROVIDED IN THIS WARRANTY, LOCKNCHARGE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, LOSS RESULTING FROM BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS RESULTING FROM ANY CLAIM BY ANY THIRD PARTY, ANY LOSS DUE TO DAMAGE TO PROPERTY, AND INJURY TO OR DEATH OF ANY PERSONS RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USE OR LOSS OF THE PRODUCTS OR ANY OTHER PECUNIARY LOSS) OF ANY KIND OR NATURE. LOCKNCHARGE NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE PRODUCTS, AND THERE ARE NO ORAL AGREEMENTS OR WARRANTIES COLLATERAL TO OR AFFECTING THIS WARRANTY. THE EXCLUSION OF SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES IS AN INDEPENDENT AGREEMENT OF LOCKNCHARGE AND CLIENT APART FROM THE SOLE AND EXCLUSIVE REMEDIES PROVIDED IN THIS WARRANTY.
Client shall notify LocknCharge by registered or certified mail, return receipt requested, of a breach of this Warranty within thirty (30) days after discovery thereof, but not later than the expiration of the applicable Warranty Period, otherwise such claims shall be deemed waived.
Subject to any relevant law or statute, LocknCharge’s liability and Client’s remedy for breach of any express warranty, or any guarantee, condition, warranty or right or remedy imposed or conferred by law, is limited to, at LocknCharge’s option, one or more of:
a. In the case of any goods: (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods, or acquiring equivalent goods; or (iv) payment of the cost of repairing the goods.
b. In the case of any services: (i) supplying the services again; or (ii) payment of the cost of having the services supplied again.
LocknCharge shall not be in breach of any express warranty, or any guarantee, condition, warranty or right or remedy imposed or conferred by law, where any defect or damage to the Products are caused by: excessive wear and tear caused by use in unusual circumstances; accident; abuse; mishandling; improper installation; improper usage; exposure to liquids or chemicals; faulty service or modifications to the original Products other than by LocknCharge or its authorized service agents; inappropriate shipment or transit by persons other than LocknCharge; damage caused during transit to LocknCharge or its designated distributor or distribution center or authorized agents; corrosion or surface deterioration due to puncturing or damage of original surface finishes; problems induced by or as a consequence of the inappropriate application of electrical power; or any deliberate physical damage, abuse or alteration to the Products.