Pedalpax Corporation 90 Day Limited Warranty
1.0 GENERAL TERMS:
1.1 This Limited Warranty is extended only to the original end-user
purchaser (CUSTOMER) and is not transferable.
1.2 No agent, reseller, or business partner of Pedalpax Corporation (Pedalpax)
is authorized to modify the terms of this Limited Warranty on behalf of Pedalpax.
1.3 This Limited Warranty expressly excludes any product that has not
been purchased as new from Pedalpax or its authorized reseller.
1.4 This Limited Warranty is only applicable in the country or territory
where the product is intended for use.
1.5 Pedalpax warrants to the CUSTOMER that this product will be free from
defects in workmanship and materials, under normal use and service, for
NINETY (90) DAYS from the date of purchase from Pedalpax or its authorized
reseller.
1.6 Pedalpax’ sole obligation under this warranty shall be, at Pedalpax
sole discretion, to repair the defective product or part with new or
reconditioned parts; or to exchange the defective product or part with a new or
reconditioned product or part that is the same or similar; or if neither of the
two foregoing options is reasonably available, Pedalpax may, at its sole
discretion, provide a refund to the CUSTOMER not to exceed the latest published
Pedalpax recommended retail purchase price of the product, less any applicable
service fees. All products or parts that are exchanged for replacement will
become the property of Pedalpax Corporation.
1.7 Pedalpax warrants any replacement product or part for NINETY (90)
DAYS from the date the product or part is shipped to Customer.
1.8 Pedalpax makes no warranty or representation that this product will
meet CUSTOMER requirements or work in combination with any hardware or software
products provided by third parties.
1.9 Pedalpax makes no warranty or representation that the operation of
the software products provided with this product will be uninterrupted or error
free, or that all defects in software products will be corrected. Or any data
loss incurred due to use of product.
1.10 Pedalpax shall not be responsible for any software or other CUSTOMER
data or information contained in or stored on this product.
2.0 CUSTOMER OBLIGATIONS
2.1 CUSTOMER assumes full responsibility that this product meets CUSTOMER
specifications and requirements.
2.2 CUSTOMER is specifically advised to make a backup copy of all
software provided with this product.
2.2 CUSTOMER assumes full responsibility to properly install and
configure this product and to ensure proper installation, configuration,
operation and compatibility with the operating environment in which this product
is to function.
2.3 CUSTOMER must furnish Pedalpax a dated Proof of Purchase (copy of
original purchase receipt from Pedalpax or its authorized reseller) for any
warranty claims to be authorized.
3.0 OBTAINING WARRANTY SERVICE:
3.1 CUSTOMER must contact Pedalpax Technical Support or an authorized
Pedalpax Service Center within the applicable warranty period to obtain warranty
service authorization.
3.2 Customer must provide Product Model Number and dated Proof of
Purchase (copy of original purchase receipt from Pedalpax Corporation or its
authorized reseller) to obtain warranty service authorization.
3.3 For information on how to contact Pedalpax Technical Support or an
authorized Pedalpax Service Center, please see the Pedalpax corporate Web site
at: www.Pedalpax.com
3.4 CUSTOMER should have the following information / items readily
available when contacting Pedalpax Technical Support:
· Product Model Number
· Dated Proof of Purchase
· CUSTOMER contact name & telephone number
· CUSTOMER Computer Operating System version
· Pedalpax Installation CD-ROM
· Pedalpax Installation Guide
4.0 WARRANTY REPLACEMENT:
4.1 In the event Pedalpax Technical Support or its authorized Pedalpax
Service Center determines the product or part has a malfunction or failure
attributable directly to faulty workmanship and/or materials; and the product is
within the ninety (90) day warranty term; and the CUSTOMER will include a copy
of the dated Proof of Purchase (original purchase receipt from Pedalpax or its
authorized reseller) with the product or part with the returned product or part,
then Pedalpax will issue CUSTOMER a Return Material Authorization (RMA) and
instructions for the return of the product to the authorized Pedalpax Drop Zone.
4.2 Any product or part returned to Pedalpax without an RMA issued by
Pedalpax or its authorized Pedalpax Service Center will be returned.
4.3 CUSTOMER agrees to pay shipping charges to return the product or part
to the authorized Pedalpax Return Center; to insure the product or assume the
risk of loss or damage which may occur in transit; and to use a shipping
container equivalent to the original packaging.
4.4 Responsibility for loss or damage does not transfer to Pedalpax until
the returned product or part is received as an authorized return at an
authorized Pedalpax Return Center.
4.5 Authorized CUSTOMER returns will be unpacked, visually inspected, and
matched to the Product Model Number for which the RMA was authorized. The
enclosed Proof of Purchase will be inspected for date of purchase and place of
purchase. Pedalpax may deny warranty service if visual inspection of the
returned product or part does not match the CUSTOMER supplied information for
which the RMA was issued.
4.6 Once a CUSTOMER return has been unpacked, visually inspected, and
tested Pedalpax will, at its sole discretion, repair or replace, using new or
reconditioned product or parts, to whatever extent it deems necessary to restore
the product or part to operating condition.
4.7 Pedalpax will make reasonable effort to ship repaired or replaced
product or part to CUSTOMER, at Pedalpax expense, not later than TWENTY ONE (21)
DAYS after Pedalpax receives the authorized CUSTOMER return at an authorized
Pedalpax Return Center.
4.8 Pedalpax shall not be liable for any damages caused by delay in
delivering or furnishing repaired or replaced product or part.
5.0 LIMITATIONS
5.1 THIRD-PARTY SOFTWARE: This Pedalpax product may include or be bundled
with third-party software, the use of which is governed by separate end-user
license agreements provided by third-party software vendors. This Pedalpax
Limited Warranty does not apply to such third-party software. For the applicable
warranty refer to the end-user license agreement governing the use of such
software.
5.2 DAMAGE DUE TO MISUSE, NEGLECT, NON-COMPLIANCE, IMPROPER INSTALLATION,
AND/OR ENVIRONMENTAL FACTORS: To the extent permitted by applicable law, this
Pedalpax Limited Warranty does not apply to normal wear and tear; damage or loss
of data due to interoperability with current and/or future versions of operating
system or other current and/or future software and hardware; alterations (by
persons other than Pedalpax or authorized Pedalpax Service Centers); damage
caused by operator error, abuse or non-compliance with instructions as set out
in the user documentation or other accompanying documentation; damage caused by
acts of nature such as lightning, storms, floods, fires, and earthquakes, etc.
Products evidencing the product label has been tampered with or removed; misuse,
neglect, and improper handling; damage caused by undue physical, temperature, or
electrical stress; counterfeit products; damage or loss of data caused by a
computer virus, worm, Trojan horse, or memory content corruption; failures of
the product which result from accident, abuse, misuse (including but not limited
to improper installation, connection to incorrect voltages, and power points);
failures caused by products not supplied by Pedalpax; damage cause by moisture,
corrosive environments, high voltage surges, shipping, abnormal working
conditions; or the use of the product outside the borders of the country or
territory intended for use.
5.3 TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND
REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR
CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY
OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH
DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
PEDALPAX NEITHER ASSUMES NOR AUTHORISES ANY OTHER PERSON TO ASSUME FOR IT ANY
OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE,
WARRANTY, OR USE OF ITS PRODUCTS.
5.4 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, PEDALPAX ALSO
EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT
OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS,
LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING
OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF PEDALPAX OR ITS
AUTHORISED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE
PAID, AT PEDALPAX OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE
AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
6.0 DISCLAIMER: Some countries, states, territories or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to CUSTOMER. When the implied warranties are not allowed by law to be excluded in their entirety, they will be limited to the NINETY (90) DAY duration of this written warranty. This warranty gives CUSTOMER specific legal rights, which may vary depending on local law.
7.0 GOVERNING LAW: This Limited Warranty shall be governed by the laws of the State of Ohio, U.S.A. excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Pedalpax Corporation
P.O. Box 54861
Cincinnati, OH 45254-0861
U.S.A