Wireless Interactive Comm.,Inc. (Collectively referred to as "WICI“) products, except as otherwise stated in an applicable price list, are warranted against defects in workmanship and material for a period of one (1) year from date of delivery as evidenced by WICI's packing slip or other transportation receipt.
WICI's sole responsibility under this warranty shall be to either repair or replace, at its option, any component which fails during the applicable warranty period because of a defect in workmanship and material, provided CUSTOMER has promptly reported same to WICI in writing. All replaced Products or parts shall become WICI's property.
WICI shall honor the warranty at WICI's facility in Laguna Hills, California. It is CUSTOMER's responsibility to return, at its expense, the allegedly defective Product to WICI. CUSTOMER must notify WICI and obtain shipping instructions prior to returning any Product. Transportation charges for the return of the Product to CUSTOMER shall be paid by WICI within the United States . For all other locations, the warranty excludes all costs of shipping, customs clearance and other related charges. If WICI determines that the Product is not defective within the terms of the warranty, CUSTOMER shall pay WICI all costs of handling, transportation and repairs at the prevailing repair rates.
All the above warranties are contingent upon proper use of the Product. These warranties will not apply (i) if adjustment, repair, or parts replacement is required because of accident, unusual physical, electrical or electromagnetic stress, negligence of CUSTOMER, misuse, failure of electric power environmental controls, transportation, not maintained in accordance with WICI specifications, or abuses other than ordinary use (ii) if the Product has been modified by CUSTOMER or has been repaired or altered outside WICI's factory, unless WICI specifically authorizes such repairs or alterations; (iii) where WICI serial numbers, warranty date or quality assurance decals have been removed or altered.
WICI also reserves the right to make product improvements without incurring any obligation or liability to make the same changes in Products previously manufactured or purchased. In no event shall WICI be liable for any breach of warranty in an amount exceeding the net selling price of any defective Product. No person, including any dealer, agent or representative of WICI is authorized to assume for WICI any other liability on its behalf except as set forth herein. Nonpayment of any invoice rendered within the stated payment terms automatically cancels any warranty or guarantee stated or implied. If any payment is due WICI for services performed hereunder, it shall be subject to the same payment terms as the original purchase.
WICI HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF PRODUCTS INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The warranties expressly stated herein are the sole obligation or liability on the part of WICI arising out of or in connection with the sale or performance of the products.
Products Manufactured by Others - For the products not manufactured by WICI the original manufacturer's warranty shall be assigned to CUSTOMER to the extent permitted and is in lieu of any other warranty, express or implied. For warranty information on a specific product, a written request should be made to WICI.
IN NO EVENT WILL WICI BE LIABLE TO CUSTOMER FOR (i) FOR REPROCUREMENT COSTS; (ii) SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES; (iii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OF PERFORMANCE OF WICI PRODUCTS, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER FORM.
No action, whether in contract or tort, including negligence, arising out of or in connection with this Agreement, may be brought by either party more than eighteen (18) months after the cause of action has accrued, except that an action for nonpayment may be brought within eighteen (18) months of the date of last payment.