LIMITED WARRANTY OF ENERGATE INC.
Energate Inc. Warrants that this product will be free from defects in material and workmanship for a period of one (1) year from the date of the original purchase of this product from Energate Inc. (the “Warranty Period”).
THIS WARRANTY DOES NOT INCLUDE DAMAGE TO THE PRODUCT RESULTING FROM ACCIDENT OR MISUSE. ENERGATE INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS. EXPRESS OR IMPLIED, AS TO THIS PRODUCT’S MERCHANTABILITY, PRODUCTIVENESS OR FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING ANY AND ALL WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
If this product becomes defective during the Warranty Period, Energate Inc. shall have the option, in its sole discretion, to either repair the product or replace the product.
This warranty shall be solely for the benefit of the party that purchases this product directly from Energate Inc. or one of Energate’s recognized distributors and is not assignable without the express written consent of Energate Inc.
To obtain warranty service, please contact Energate Support. A return authorization is required on all returns relating to a warranty claim. Energate Inc. reserves the right to charge the purchaser of this product for the costs of shipping replacement products or parts. In the event that any part of this product is replaced by Energate Inc. during the Warranty Period, any and every warranty that might be applicable to the replacement part[s) shall expire on the date of the expiry of the Warranty Period.
ENERGATE INC.’S ENTIRE AGGREGATE LIABILITY FOR LOSSES AND DAMAGES FOR ANY CAUSE RELATED TO OR ARISING OUT OF THE PURCHASER’S PURCHASE AND/ OR USE OF THE PRODUCT WILL IN NO EVENT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT. IN NO EVENT WILL ENERGATE INC. BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE, OR OTHER ECONOMIC LOSS OF ANY KIND, IN ANY CASE, EVEN IF ADVISED OF, OR IF ENERGATE INC. COULD REASONABLY FORESEE, THE POSSIBILITY THEREOF. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR PROCEEDING INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.