18. Limited Warranties
Breezing Co. warrants that its Hardware (other than the battery) is free of
defects in materials and workmanship under normal use and service (the
"Hardware Limited Warranty") for 2 years from the date the product is
purchased by the original retail purchaser
(the "Limited Warranty Period"). Breezing Co. also warrants that it has all
proprietary rights necessary to license the Breezing Materials to you and that, to
the knowledge of Breezing Co., no claim has been made against Breezing Co.
that any of the Breezing Materials infringes upon the proprietary rights of any
third party (the "Software Limited Warranty"). The Hardware Limited Warranty
and the Software Limited Warranty are only valid for the original retail purchaser
and only for the Limited Warranty Period from the date of initial retail purchase
of the Hardware or download of the relevant software, whichever applies. The
Hardware Limited Warranty does not apply to and expressly excludes the
battery. The Hardware Limited Warranty and the Software Limited Warranty are
subject to compliance with the applicable user guides and instructions and do
not apply to normal wear and tear or damage caused by improper or incorrectly
performed maintenance, negligence, accident, misuse or unreasonable use,
modification, tampering, or any other causes not related to design, materials or
workmanship. If a defect covered by the Hardware Limited Warranty or the
Software Limited Warranty occurs during the Limited Warranty Period, Breezing
Co. will, at its option, repair or replace the defective product or software or
refund the original purchase price. The foregoing remedies are your sole and
exclusive remedies and Breezing Co.'s sole and exclusive liability for breach of
the Hardware and Software Limited Warranties. To exercise your remedy, you
must provide proof of purchase, and to the extent the remedy involves return of
a defective product, you will be responsible for and must pre-pay, all return
shipping charges and assume all risk of loss or damage to product while in
transit to Breezing Co. We recommend that you use a traceable method of
shipping for your protection. Except as expressly set forth in this paragraph,
neither Breezing Co. nor its licensors will have any obligation to furnish any
maintenance and support services with respect to the product.
DISCLAIMERS; LIMITATIONS EXCEPT AS SPECIFIED IN THE LIMITED
WARRANTY SECTION ABOVE, THE BREEZING PRODUCTS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, NON-
INTERFERENCE, ACCURACY OR ARISING FROM A COURSE OF
DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE, WHICH
WARRANTIES ARE EXPRESSLY DISCLAIMED BY BREEZING CO.
TO THE EXTENT ALLOWED BY APPLICABLE LAW. BREEZING CO. DOES
NOT WARRANT THAT THE BREEZING MATERIALS WILL MEET YOUR
REQUIREMENTS. THE REMEDIES SET FORTH HEREIN ARE YOUR SOLE
AND EXCLUSIVE REMEDIES. TO THE EXTENT AN IMPLIED WARRANTY
CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO
THE LIMITED WARRANTY PERIOD. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT