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authorized use consistent with product instructions for a period of one (1)
year from the date the original purchaser (“Customer”) receives the
Product (the “Warranty Period”). This warranty extends only to the
original purchaser. The Customer’s sole and exclusive remedy and the
entire liability of EPS, its suppliers and affiliates for breach of the warranty
is, at EPS’s option, either (i) to replace the Product (or defective
component part(s)) with a new or reconditioned Product (or component
part(s)); (ii) to repair the reported problem; or (iii) to refund the purchase
price of the Product. Repaired or replaced products are warranted for the
remainder of the original warranty period only. No employee, agent,
dealer or other person is authorized to give any warranties on behalf of
EPS not expressly set forth in this limited warranty.
1.2 Restrictions
No warranty will apply if the Product (i) has been altered or modified
except by EPS; (ii) has not been installed, operated, repaired, or
maintained in accordance with instructions supplied by EPS;(iii) has been
subjected to abnormal physical, thermal or electrical stress, misuse,
negligence, or accident. If EPS determines that the problem with the
Product is not due to a manufacturing defect in EPS’s workmanship or
materials, or otherwise does not qualify for warranty repair, then the
Customer will be responsible for the costs of all necessary repairs and
expenses incurred by EPS.
1.3 Warranty Claims & Return Procedures
To be eligible for service under this warranty, the Customer must submit
a service request within the Warranty Period by contacting EPS in writing
or via telephone and obtaining a Returned Materials Authorization
(“RMA”) number. This RMA must be obtained before returning any
product under this warranty.
Notification must include a description of the alleged defect, the manner
in which the Product was used, the serial number, and the original
purchase date in addition to the name, address, and telephone number of
the Customer. Within five (5) business days of the date of notification, EPS
will provide the Customer with an RMA number and the location to which
the Customer must return the defective Product. Any Product returned for
warranty service shall be shipped at the expense and risk of the
Customer. The Customer must return the entire Product kit (or, if
authorized by EPS, the defective component parts), within fifteen (15)
days after issuance of the RMA number. EPS will be under no obligation
to accept any returned Product that does not have a valid RMA number.
Customer’s failure to return the Product within fifteen (15) days of its
receipt of an RMA number may result in cancellation of the RMA. All parts
that EPS
replaces shall become EPS’s property on the date EPS ships the repaired
Product or part back to the Customer. EPS will use all reasonable efforts
within thirty (30) days of receipt of the defective Product to repair or
replace such Product. If a warranty claim is invalid for any reason, the
Customer will be charged at EPS’s then-current rates for services
performed and will be charged for all necessary repairs and expense
incurred by EPS. If EPS determines that a warranty claim is valid, it will
ship the repaired or replaced Product to Customer at EPS’s cost.
1.4 DISCLAIMER
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THE
PREVIOUS PARAGRAPH, EPS DISCLAIMS ALL WARRANTIES, EXPRESS,
IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCTS PROVIDED
BY EPS. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPS, ITS
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. EPS DOES NOT WARRANT
THAT THE QUALITY OR PERFORMANCE OF THE PRODUCTS WILL MEET
YOUR REQUIREMENTS OR THAT YOU WILL BE ABLE TO ACHIEVE ANY
