Predator warrants that hardware products manufactured by Predator will be free from defects in materials and workmanship and will materially conform to their published specifications for a period of five (5) years from the date of delivery. Predator does not warrant hardware products or components of Predator hardware products manufactured by third parties. Predator has no warranty obligation with respect to hardware products subjected to abuse, misuse, negligence, modification or accident. If any firmware incorporated in any Predator hardware product fails to conform to this Warranty, Predator will provide a bug fix or firmware update correcting such non-conformance within a reasonable period after Predator receives (i) notice of such non-conformance, and (ii) sufficient information regarding such non-conformance so as to permit Predator to create such bug fix or firmware update.
If any hardware component of any Predator product fails to conform to this Warranty, Predator will, at its option, refund the purchase price, or repair or replace the non-conforming product with a conforming product or a product having substantially identical form, fit, and function and deliver the repaired or replacement product to a carrier for ground shipment within a reasonable period after Predator receives both (i) notice of such non-conformance, and (ii) the non-conforming product; however, if Predator cannot repair or replace on commercially reasonable terms, Predator may elect to refund the purchase price instead. Repair parts and replacement products may be reconditioned or new. The original non-conforming product and its parts become the property of Predator. Any repaired or replaced product shall be subject to the original warranty period, if any remains. Predator will return tested product found to be conforming.
As a condition to Predator's obligations above, any claimed non-conforming product shall be returned to Predator Corporate Headquarters in Beaverton, Oregon to be examined and replaced. A Return Material Authorization number (RMA) must be obtained from Predator prior to returning any product to Predator. Any product returned under this Warranty must be unmodified, in packaging sufficient to prevent damage during shipping, clearly displaying the RMA number provided by Predator, with prepayment of shipping costs, and assumption of the risk of loss for such return shipment. Predator will assume the risk of loss and cost of shipment of the replaced or repaired product. Product determined by Predator to be not properly returned will be sent back FOB from Predator's Corporate Headquarters upon prepayment of shipping costs.
Predator's warranty obligations shall run solely to the original purchaser, and Predator shall have no obligation to other users of the product.
Limitation of Warranty and Remedies
THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. PREDATOR'S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT. UNDER NO CIRCUMSTANCES SHALL PREDATOR BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION IN LIMITING PREDATOR'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, PREDATOR SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS.
PREDATOR HAS NO LIABILITY FOR ANY CLAIM, SUIT OR ACTION BASED IN WHOLE OR IN PART UPON OR ARISING OUT OF COMPLIANCE WITH CUSTOM DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, MODIFICATION OF THE PRODUCT OR FIRMWARE, OR THE COMBINATION OF THE PRODUCT OR FIRMWARE WITH HARDWARE, PRODUCTS OR ITEMS NOT FURNISHED BY PREDATOR. THIS SECTION STATES PREDATOR'S ENTIRE LIABILITY EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, SUIT, OR ACTION ALLEGING INFRINGEMENT OF ANY THIRD PARTY PATENT OR COPYRIGHT.