Warranty - Rosco LitePad Loop 1008 Manual Usuario

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Warranty

LIMITED WARRANTY AND DISCLAIMER
(a) Rosco warrants that, under normal use in accordance with the applicable user manual, the
Products shall, at the time of delivery to Buyer and for a period of twenty-four (24) months
from the date of delivery (or such other period as may be agreed upon in writing by the
parties), be free from defects in material or workmanship and shall substantially conform to
Rosco' specifications for such Product, or such other specifications as Rosco has agreed to in
writing, as applicable. Rosco' sole and exclusive obligation, and Buyer's sole and exclusive
right, with respect to claims under this warranty shall be limited, at Rosco' option, either to the
replacement or repair of a defective or non-conforming Product or to an appropriate credit for
the purchase price thereof. Rosco will have a reasonable time to repair, replace or credit. The
non-conforming or defective Products shall become Rosco' property as soon as they have
been replaced or credited. At Rosco's sole discretion, any replacement products may be new
or like-new and may contain remanufactured parts, equivalent to new in performance
(b) Rosco reserves the right to choose all contractors and/or consultants in connection with
validation and rectification of a product complaint. If it is subsequently determined that Rosco
or it products are not responsible for an alleged product failure, it is agreed the costs of such
contractors and/or consultants and any rectification costs incurred will be repaid to Rosco.
(c) Buyer may ship Products returned under warranty to Rosco' designated facility only in
conformance with Rosco' then-current return material authorization policy. Where a warranty
claim is justified, Rosco will pay for freight expenses. Buyer shall pay for returned Products
that are not found to be defective or non-conforming together with the freight, testing and
handling costs associated therewith.
(d) Notwithstanding the foregoing, Rosco shall have no obligations under warranty if the
alleged defect or non-conformance is found to have occurred as a result of environmental or
stress testing, misuse, use other than as set forth in the user manual, neglect, use of a non-
approved power supply, use of non-approved dimming accessories, improper installation or
accident, or as a result of improper repair, alteration, modification, storage, transportation or
improper handling.
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(e) The express warranty granted above shall extend directly to Buyer and not to Buyer's
customers, agents or representatives and is in lieu of all other warranties, whether express or
implied, including without limitation any implied warranties of fitness for a particular purpose,
merchantability, or non-infringement of intellectual property rights. All other warranties are
hereby specifically disclaimed by Rosco.
(f) Subject to the exclusions and limitations set forth in Section 9 of the Terms and Conditions,
the foregoing states the entire liability of Rosco in connection with defective or non-
conforming Products supplied hereunder.
LIMITATION OF LIABILITY
(a) ROSCO SHALL NOT BE LIABLE FOR ANY LOST PROFITS, INSTALLATION OR RE-
INSTALLATION COSTS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE SALE OF ANY
PRODUCTS OR SERVICES BY ROSCO OR THE USE THEREOF WHETHER OR NOT
SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER
LEGAL THEORY – EVEN IF ROSCO HAS BEEN ADVISED, OR IS AWARE, OF THE
POSSIBILITY OF SUCH DAMAGES.
ROSCO' AGGREGATE AND CUMULATIVE LIABILITY TOWARDS BUYER UNDER ANY
AGREEMENT SHALL NOT EXCEED AN AMOUNT OF TEN PERCENT (10%) OF THE
RELATED AGREEMENT.
(b) Any Buyer's claim for damages must be brought by Buyer within ninety (90) days of the
date of the event giving rise to any such claim, and any lawsuit relative to any such claim
must be filed within one (1) year of the date of the claim. Any claims that have been brought
or filed not in accordance with the preceding sentence are null and void.
(c) The limitations and exclusions set forth above in this Section shall apply only to the
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extent permitted by applicable mandatory law.