MP Tapes VeriTape CM Analyzer Product Limited Warranty
MP Tapes Inc. (“MP Tapes”) warrants to the original purchaser of any of MP Tapes’ VeriTape
CM Analyzer products (the “Products”) that, for a period of one (1) year from the date of sale to
the original purchaser (the “Warranty Period”), as specified in the Product documentation, each
Product (a) will function properly under normal use, (b) will be free from defects in material or
workmanship, and (c) will conform to the performance specifications applicable to the Product
and set forth in the Product documentation. A VeriTape CM Analyzer Product that satisfies each
of these conditions is called a “Conforming Product”. A VeriTape CM Analyzer Product that
fails to satisfy any one or more of these conditions is called a “Non-Conforming Product”.
This MP Tapes product warranty does not apply to any Product failure caused by (a) casualty,
accident, abnormal use, misuse, abuse, neglect, or acts of God, or (b) Product damage caused by
improper packaging during transport after purchase, unreasonable handling, electrostatic
discharge, or improper installation, operation or maintenance, or (c) any Product alteration or
modification without the written permission of MP Tapes, or (d) failure to follow any Product
instructions provided by MP Tapes. The MP Tapes product warranty also does not apply to any
Product whose MP Tapes serial number or “warranty void” sticker has been removed or defaced.
EXCEPT FOR THE EXPRESS MP TAPES PRODUCT WARRANTIES SET FORTH ABOVE
UNDER “LIMITED WARRANTY”, NEITHER MP TAPES NOR ANY OF ITS DEALERS
MAKES, AND EACH OF MP TAPES AND ITS DEALERS EXPRESSLY DISCLAIMS, ANY
AND ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
If, during the Warranty Period, any Product is a Non-Conforming Product and the cause of the
non-conformity is not excluded under “Warranty Exclusions” and if this Product nonconformity
is reasonably confirmed by MP Tapes upon inspection, MP Tapes, at its expense, will repair the
Non-Conforming Product or, in its sole discretion, replace the Non-Conforming Product with a
Conforming Product. Each Replacement Conforming Product will be under the “Limited
Warranty” as set forth above for a period of ninety (90) days from the date of receipt by the
original purchaser of the replacement Product or for the remainder of the original Warranty
Period, whichever is longer.
THIS REPAIR OR REPLACEMENT REMEDY IS THE SOLE AND EXCLUSIVE REMEDY
FOR ANY NON-CONFORMING PRODUCT. To obtain this remedy, you must, at your own
expense, return the Non-Conforming Product during the Warranty Period to MP Tapes with (a) a
copy of the bill of sale as proof of the date of original purchase from an authorized dealer; and
(b) a description of the problem. To initiate the return process, you must contact MP Tapes
Technical Support at (888)678-2737, (303)774-6361 or at email@example.com.
Limitation of Damages
NEITHER MP TAPES NOR ANY OF ITS DEALERS SHALL BE LIABLE FOR ANY
MONETARY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL, INCLUDING LOST PROFITS) OR ANY EXPENSES
INCURRED BY REASON OF ANY NON-CONFORMING PRODUCT, EVEN IF SUCH
DAMAGES OR EXPENSES ARE CAUSED BY NEGLIGENCE OR OTHER FAULT. This
means that neither MP Tapes nor any of its dealers is responsible for any damages or expenses
incurred in connection with, among other circumstances (but not limited to such circumstances),
the loss of recorded data, the cost of recovering, reprogramming or reproducing any data stored
in or used with any Non-Conforming Product, and any damage to equipment or other property,
in each case, caused by or resulting from any Non-Conforming Product.
Some states or provinces do not allow the limitation or exclusion of certain incidental or
consequential damages, so the exclusion of these damages under this Limited Warranty may not
apply to you.
This Limited Warranty gives you specific legal rights and you may also have other rights, which
may vary from state to state, or province to province.
Your opening of this Product package or your use of this Product is an acknowledgment by you:
(a) that you have read and agree to the terms of this Limited Warranty; (b) that this Warranty is
the complete, exclusive and entire agreement between us as to our VeriTape CM Analyzer
Product Limited Warranty and supersedes any prior or contemporaneous agreement,
understanding or other communications between us, whether oral or written, relating to the
subject matter of this Limited Warranty; and (c) that no MP Tapes dealer, agent or employee is
authorized to modify or amend this Limited Warranty.