Manufacturer’s Limited Warranty
1. ONE-YEAR MANUFACTURER’S LIMITED WARRANTY
Subject to the terms, conditions, and limitations set forth below, Oliver Technologies Inc. (“Oliver Technologies”) hereby warrants to the original purchaser (“Purchaser”) of its manufactured products (“Products”) that the Products will to be free from defects in workmanship and load-bearing metal materials, under normal use and conditions, for a period of one (1) year from the original invoice date (the “Warranty Period”). This limited warranty is only applicable and available to the Purchaser and is not transferable.
2. PROCEDURES FOR A CLAIM UNDER THIS LIMITED WARRANTY
Any reported defects for Products under this Limited Warranty must be made by Purchaser within one (1) year of the invoice date and within fifteen (15) days of discovery of the alleged defect. Any claims for missing parts related to a Product must be made within five (5) calendar days after the Product is received by Purchaser. Purchaser may contact Oliver Technologies’ Customer Service Department at contact@olivertechnologies.com to report the defect or missing parts. Once an alleged defect has been detected, Purchaser shall not handle the relevant Product.
Purchaser shall provide sufficient evidence and information to properly substantiate the alleged defect including, but not limited to, (1) proof of purchase of the Product by providing the original sales invoice containing the model number of the Product; (2) pictures of the Product with the alleged defect; and (3) any additional information or evidence as reasonably requested by Oliver Technologies. Purchaser shall ship the Product to Oliver Technologies’ designated service center with the RMA number clearly marked on the outside of the package. Purchaser is solely responsible for paying any shipping and handling fees associated with returning a Product to Oliver Technologies. In lieu of returning the Product to Oliver Technologies’ designated warehouse, Oliver Technologies also reserves the right to specify that Products be inspected by its representative in the field.
Subject to full compliance with the foregoing and upon inspection of the Product, as well as a determination that an applicable defect exists, unless otherwise set forth in the instructions of use or other applicable documentation or agreements, Oliver Technologies shall, at no cost to Purchaser and at Oliver Technologies’ option: (1) repair such Products using new or refurbished replacement parts; (2) exchange the Product with a replacement Product or components that are new or which have been
manufactured from new or serviceable used parts and are at least functionally equivalent to the original Product; or (3) issue a credit to Purchaser. This Limited Warranty does not extend to shipping, handling, packing, return postage, and/or insurance of replacement Products, removal of defective Products, and related costs incurred by the Purchaser. Purchaser shall grant Oliver Technologies all necessary access to the Products to perform any inspections, repairs, or replacements.
THE FOREGOING SHALL CONSTITUTE THE EXCLUSIVE REMEDY OF PURCHASER AND THE EXCLUSIVE LIABILITY OF OLIVER TECHNOLOGIES.
3. WARRANTY EXCLUSIONS AND LIMITATIONS
This Limited Warranty does not cover any defects or other non-conformities due to or arising from:
- Any use for which the Product was not intended.
- Incorrect, negligent, or inadequate maintenance, handling or care.
- Misuse, abuse, accident, misapplication, negligence, non-Oliver Technologies products, Acts of God, and causes beyond Oliver Technologies’ control.
Normal wear and tear. - Surface rust.
- Damages incurred during assembly or maintenance.
- Damage caused by services performed by anyone else other than Oliver Technologies or its authorized service providers.
- Any modifications to the Product without the prior written consent of Oliver Technologies.
4. DISCLAIMER
EXCEPT AS EXPRESSLY STATED IN THIS LIMITED WARRANTY, OLIVER TECHNOLOGIES DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND WARRANTIES AGAINST LATENT OR HIDDEN DEFECTS, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE. OLIVER TECHNOLOGIES EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY OTHER PERSON OTHER THAN PURCHASER. IF OLIVER TECHNOLOGIES CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN, TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE
LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO THE REPAIR OR REPLACEMENT OF THE PRODUCT AS DETERMINED BY OLIVER TECHNOLOGIES IN ITS SOLE DISCRETION.
5. LIMITATION OF LIABILITY
In no event shall Oliver Technologies be liable for any incidental, special, indirect, consequential, or punitive damages including, but not limited to, loss of profits, revenue, or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even of Oliver Technologies has been advised of the possibility of such damages.
6. MODIFICATION
Any modification of this Limited Warranty shall be subject to written consent of an authorized representative of Oliver Technologies.
7. ADDITIONAL TERMS
This Limited Warranty shall be subject to the Terms and Conditions of Oliver Technologies and other applicable instruments of Oliver Technologies including, but not limited to, the governing law and resolution of any disputes.