Prova Systems & Technologies, Inc. (“Prova Systems” or “we”) warrants to the end user customer (“Customer” or “you”) of the product (“Product”) that the Product hardware components (“Product Hardware”), when used in accordance with the documentation furnished by Prova Systems (“Documentation”), will be free in all material respects of defects in materials and workmanship (“Limited Warranty”), for a period of two (2) years after the date of purchase by Customer of the applicable Product from Prova Systems or Prova Systems’ authorized reseller (the “Warranty Period”). If the Product Hardware (or any component or portion thereof) fails to conform to the Limited Warranty, Prova Systems will, at its own expense and as its sole obligation, and Customer’s sole and exclusive remedy, for breach of this warranty either (at Prova Systems’ sole discretion) (a) use commercially reasonable efforts to repair or replace any defective Product Hardware; or (b) accept the return of the Product incorporating the defective Product Hardware and refund to Customer the fees actually paid by Customer to Prova Systems or Prova Systems’ authorized reseller for such Product. Replacement Products and hardware may be refurbished and/or different models, but will be functionally equivalent to the Products or hardware being replaced. Any Product that has either been repaired or replaced under this Limited Warranty will have warranty coverage for the longer of ninety (90) days or the remaining Warranty Period. This Limited Warranty is transferable from Customer to subsequent Product owners, but the Warranty Period will not be extended for any such transfer.
Prova Systems’ warranty obligations are conditioned on Customer (a) notifying Prova Systems through the contact information available at during the Warranty Period of any failure of the Product to meet the Limited Warranty, including a detailed description of such alleged failure, (b) otherwise complying with Prova Systems’ then-current return merchandise authorization (RMA) guidelines (if any), and (c) shipping the affected Product, at Customer’s cost, to Prova Systems for repair or replacement. Prova Systems will have no warranty obligations with respect to a returned Product, if it determines, in its reasonable discretion, after analysis of that returned Product, that the Product is an Ineligible Product (defined below). Prova Systems will bear all costs of return shipping to USA Customer addresses only, except with respect to any Ineligible Product, for which Customer will bear all shipping costs.
Prova Systems will have no warranty obligation with respect to the following products (“Ineligible Products”): (i) Product Hardware that have no defects in materials or workmanship, (ii) Products with defects that are not reproducible by Prova Systems, (iii) Products marked as “sample” or sold “AS IS, or (iv) Products that have been subject to: (a) any modifications, alterations, repair, or servicing by any party other than Prova Systems or Prova Systems’ authorized representatives; (b) handling, storage, installation, testing, or use not in accordance with the applicable Documentation; (c) abuse, negligence, neglect, accidents, abuse or misuse; (d) any breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) any Acts of God, including fire, flood, tornado, earthquake, hurricane, excessive snow, lightning, riot, insurrection, act of war or other disaster.
Warranty Disclaimer. EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND PROVA SYSTEMS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. PROVA SYSTEMS DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY. LIMITATION OF LIABILITY
1. IN NO EVENT WILL (A) PROVA SYSTEMS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCTS, EVEN IF PROVA SYSTEMS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) PROVA SYSTEMS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO PROVA SYSTEMS OR PROVA SYSTEMS’ AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. PROVA SYSTEMS DISCLAIMS ALL LIABILITY OF ANY KIND OF PROVA SYSTEMS’ SUPPLIERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
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