Linxit.com warrants that all Linxit manufactured equipment will be free of any defect in materials or workmanship for the period of (3) years. Warranty begins from the date a shipment is received, verified by the courier tracking number. The warranty is extended to customers and applies to all Linxit manufactured equipment purchased, installed, and used for the purpose for which such equipment was originally designed. The above warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, or improper installation or repairs made by anyone other than Linxit or a Linxit authorized third-party service provider. Linxit reserves the right to substitute functionally equivalent new parts.
Warranty Claims & Procedures
During the applicable Limited Warranty Period outlined above, customer’s sole and exclusive remedy for any breach of the Limited Warranty will be, at Linxit’s sole discretion and option, the repair or replacement of the defective product. Components that customer claims to be defective must be available to Linxit for inspection and evaluation. To be entitled to rights under the Limited Warranty, the customer must notify Linxit in writing within thirty (30) days after discovering a suspected defect in any product, but in any event prior to the expiration of the applicable Limited Warranty Period. Notice to a Linxit dealer, systems integrator, sales representative or other third party is not notice to Linxit. Following its receipt of any such customer notice, Linxit will determine whether the reported problem is covered by this Limited Warranty. If Linxit determines that the problem is covered, Linxit will authorize repair or replacement of the defective product, as deemed appropriate by Linxit in its sole discretion.
Before shipping any product to Linxit, the customer must obtain a written return authorization from Linxit and provide any proof of warranty eligibility requested by Linxit. Any product received by Linxit without a return authorization may, at Linxit’s option, be returned to the customer at the customer’s expense. Once a return authorization is obtained, the customer is responsible for packing and shipping the product/component to which its warranty claim relates to a service facility designated by Linxit, within thirty (30) days after receipt of the return authorization.
Linxit will provide customer with new or alternate equipment (or part thereof) of equal or improved quality, as exchange equipment (or part thereof) to replace eligible defective equipment (or part thereof). Any alternate equipment (or part thereof) will meet or exceed the specifications of the replaced equipment (or part thereof). Unless otherwise specified by Linxit in writing, replaced equipment (or parts thereof) are covered only for the remainder of the term of the applicable Limited Warranty. All defective equipment (or parts thereof) replaced by Linxit become the property of Linxit. Linxit has no obligation to (i) service, exchange or otherwise replace any equipment (or part thereof) that has been damaged, modified, abused, misused or over-used as determined by Linxit; (ii) paint, refinish, refurbish, restore or exchange any equipment (or part thereof) with cosmetic blemishes; (iii) service, exchange or otherwise replace any equipment (or part thereof) if the same would interfere with, impede or be redundant with normal or scheduled maintenance of such equipment (or part thereof); (iv) service, exchange or otherwise replace any equipment (or part thereof) that is within sixty (60) days of the end of its production life. If Linxit elects to perform any such services at customer’s request, then such services will be deemed a service call and all labor, parts and materials used for the service call will be charged at Linxit’s then prevailing rates.
Limited Warranty Exclusions
Linxit does not warrant or guarantee, and is not responsible for:
DISCLAIMER OF WARRANTY EXCEPT AS EXPRESSLY PROVIDED IN THIS STANDARD WARRANTY POLICY STATEMENT, LINXIT HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL LINXIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF ERROR CORRECTION, REPAIR OR REPLACEMENT, REPERFORMANCE OF SERVICES AND REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF LINXIT’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE LINXIT EQUIPMENT OR SOFTWARE LICENSES SOLD TO CUSTOMER AND WARRANTED HEREUNDER, LINXIT’S PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER RELATED TO THIS STANDARD WARRANTY POLICY STATEMENT, FOR ANY AND ALL CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY LINXIT FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE UNDER GOVERNING LAW AND JURISDICTION.