WARRANTY INFORMATION
(a) ArenaGear warrants that ArenaGear-branded products (Products) will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery with respect to hardware and will materially conform to their published specifications for a period of one (1) year with respect to software. ArenaGear does not warrant that the software or any portion thereof is error free. ArenaGear will have no warranty obligation with respect to Products subjected to abuse, misuse, negligence, battery leaks, or accidents. If any software or firmware incorporated in any Product fails to conform to the warranty set forth in this Section, ArenaGear shall provide a bug fix or software patch correcting such non-conformance within a reasonable period after ArenaGear receives from Customer (i) notice of such non-conformance, and (ii) sufficient information regarding such non-conformance so as to permit ArenaGear to create such bug fix or software patch. If any hardware component of any Product fails to conform to the warranty in this Section, ArenaGear shall, at its option, refund the purchase price less any discounts, or repair or replace nonconforming Products with conforming Products or Products having substantially identical form, fit, and function and deliver the repaired or replacement Product to a carrier for land shipment to customer within a reasonable period after ArenaGear receives from Customer (i) notice of such non-conformance, and (ii) the non-conforming Product provided; however, if, in its opinion, ArenaGear cannot repair or replace on commercially reasonable terms it may choose to refund the purchase price. Repair parts and replacement Products may be reconditioned or new. All replacement Products and parts become the property of ArenaGear. Repaired or replaced Products shall be subject to the warranty, if any remains, originally applicable to the product repaired or replaced. Customer must obtain from ArenaGear a Return Material Authorization Number (RMA) prior to returning any Products to ArenaGear. Products returned under this Warranty must be unmodified.
The ORIGINAL customer may return Products for repair or replacement due to defects in original materials and workmanship if ArenaGear is notified within one year of customer’s receipt of the product. ArenaGear reserves the right to repair or replace Products at its own and complete discretion. Customers must obtain from ArenaGear a Return Material Authorization Number (RMA) prior to returning any Products to ArenaGear. This warranty is valid only to the original customer who purchased directly from ArenaGear or one of its authorized distributors. The warranty is not transferable and is explicitly voided for any items resale or obtained from a source other than ArenaGear or one of its authorized distributors.
Tripods, tripod bags, and plastic carrying cases are considered to be wearable items and have a limited 90-day warranty for manufacturing defects.
Optical lenses and windows are susceptible to scratching if not carefully cleaned with an optical wipe and lens cleaner solution. Scratches to the lenses may impair the function of the system. Scratches to the lenses and windows are considered to be user mishandling and are not covered by this warranty.
Damages due to battery leaks are not covered under this warranty, It is recommended to remove the batteries if the devices are not going to be used or stored for any extended period of time.
Products returned under this Warranty must be unmodified and in original packaging. ArenaGear reserves the right to refuse warranty repairs or replacements for any Products that are damaged or not in their original form. For Products outside the one-year warranty period repair services are available at ArenaGear at standard labor rates, contingent on repair components availability.
(b) As a condition to ArenaGear’s obligations under the immediately preceding paragraphs, Customer shall return Products to be examined and replaced to ArenaGear’s facilities, in shipping cartons which clearly display a valid RMA number provided by ArenaGear. The customer acknowledges that replacement Products may be repaired, refurbished, or tested and found to be complying. The customer shall bear the risk of loss for such return shipment and shall bear shipping costs to ArenaGear. ArenaGear shall deliver replacements for Products determined by ArenaGear to be properly returned and shall bear the risk of loss and costs of shipment of repaired Products or replacements.
(c) ArenaGear’s sole obligation under the warranty described or set forth here shall be to repair or replace non-conforming products as set forth in the immediately preceding paragraph, or to refund the documented purchase price for non-conforming Products to Customer. ArenaGear’s warranty obligations shall run solely to Customer, and ArenaGear shall have no obligation to customers of Customer or other users of the Products.
Limitation of Warranty and Remedies
THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO PRODUCTS PURCHASED BY THE ORIGINAL CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ARENAGEAR’s LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO CIRCUMSTANCES SHALL ARENAGEAR BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING ARENAGEAR’s LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, ARENAGEAR SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS.