Common use of Original User Clause in Contracts

Original User. The Original User will return the defective Product to the Company, free and clear of all liens and encumbrances, transportation prepaid, accompanied by a statement of defects and proof of purchase. What Emtek® will do: Upon return of the defective Product to Emtek®, Emtek® sole obligation, at its option, is to either repair or replace the Product, or refund the original purchase price in exchange for the Product. THE COMPANY MAKES NO OTHER WARRANTY OTHER THAN AS EXPRESSLY STATED HEREIN, AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. THE COMPANY’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL AND/OR PUNITIVE DAMAGES OF ANY NATURE ARISING FROM THE SALE OR USE OF THE PRODUCT, WHETHER BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY, PATENT INFRINGEMENT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some local laws do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. This warranty gives specific legal rights and a buyer may also have other rights which may vary from state to state.

Original User. The Original User will return the defective Product to the Company, free and clear of all liens and encumbrances, transportation prepaid, accompanied by a statement of defects and proof of purchase. What Emtek® Emtek will do: Upon return of the defective Product to Emtek®, Emtek® Emtek sole obligation, at its option, is to either repair or replace the Product, or refund the original purchase price in exchange for the Product. THE COMPANY MAKES NO OTHER WARRANTY OTHER THAN AS EXPRESSLY STATED HEREIN, AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. THE COMPANY’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL AND/OR PUNITIVE DAMAGES OF ANY NATURE ARISING FROM THE SALE OR USE OF THE PRODUCT, WHETHER BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY, PATENT INFRINGEMENT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some local laws do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. This warranty gives specific legal rights and a buyer may also have other rights which may vary from state to state.