This Warranty runs solely to the party that originally purchases an InterZAG product from InterZAG or an authorized InterZAG distributor or reseller, and, unless and except to the extent InterZAG may expressly agree otherwise in writing, no person or entity other than the original purchaser from InterZAG or an authorized InterZAG distributor or reseller shall have or may be assigned any right or remedy under this Warranty.
This Warranty is subject to and conditioned upon InterZAG being paid all amounts payable to it in respect of the products it sells, and InterZAG shall have no liability or obligation under this Warranty in respect of any InterZAG product if any amount due and payable to it in respect of such product has not been paid in full.
The sole liability and obligation and sole right and remedy under this Warranty shall be repair or replacement of an InterZAG product that fails during normal conditions of use and service due to a defect in material or workmanship. At InterZAG’s sole option, InterZAG may refund (in cash or by credit) the purchase price paid to it for a product (less a reasonable allowance for the period of use) in lieu of repair or replacement of such product. The decision whether to repair, replace or refund (and, if there is a refund, whether to refund in cash or by credit) shall be made by InterZAG in its sole discretion. InterZAG reserves the right to use reconditioned parts for warranty repairs and to use reconditioned products for warranty replacements. Repaired and replacement products and parts used to make warranty repairs to products shall be warranted only for the remainder of the original warranty period for the product. InterZAG shall have no liability or obligation under this Warranty for field labor, including, but not limited to, deinstallation, installation and testing.
InterZAG shall have no liability or obligation under this Warranty unless InterZAG is promptly notified of the failure giving rise to the warranty claim and such notice is received by InterZAG within the applicable warranty period. The notice must be given in writing, identify the product that is the subject of the warranty claim (including model and serial number, if any), and describe in reasonable detail the circumstances surrounding the failure.
InterZAG shall be afforded reasonable access and cooperation to carry out warranty claim investigations and warranty work. Without in any way limiting the forgoing, InterZAG shall have the right to physically inspect a product and any part thereof that is the subject of a warranty claim. If requested by InterZAG, a product or part that is the subject of a warranty claim shall be delivered for to InterZAG or another party identified by it.
The party asserting a warranty claim shall be responsible for all freight and shipping charges and any duties and other export/import related charges in connection with the delivery of the product and any part that is the subject of the warranty claim to InterZAG or another party identified by it and the delivery of the repaired or replacement product or parts to make warranty repairs to the party asserting the warranty claim. When a product or part is shipped to InterZAG or another party designated by it, the product or part must be shipped freight prepaid. Repaired and replacement products and parts to make warranty repairs will be shipped to the party asserting a warranty claim freight collect. The party asserting a warranty claim shall bear all risk of loss or damage during shipment.
If InterZAG ultimately determines that the repair or replacement of a product or part is not covered by this Warranty , whether the determination is based on this Warranty being voided, the product failure being due to a cause not covered by this Warranty, the failure to make a timely and proper warranty claim, or otherwise, the party asserting the warranty shall have the option of either (i) having the product or part returned to it freight collect without repair or replacement, or (ii) if InterZAG determines that the product is repairable, have the product repaired by InterZAG on a time and materials basis at InterZAG’s then current standard charges for non-warranty repairs and then returned to it freight collect.
InterZAG may, at its sole option, provide to a party asserting a warranty claim a replacement product or parts to make repairs prior to making a final determination as to whether the repair or replacement is covered by this Warranty. If InterZAG ultimately determines that the repair or replacement is not covered by this Warranty, whether the determination is based on this Warranty being voided, the product failure being due to a cause not covered by this Warranty, the failure to make a timely and proper warranty claim, or otherwise, the party asserting to the warranty claim will be required to purchase the replacement product or parts that were provided at InterZAG’s then current list price.
This Warranty does not cover or apply to, and InterZAG shall have no responsibility, liability or obligation under this Warranty or otherwise with respect to, any accessories and other non-InterZAG products, whether or not sold with or attached to a InterZAG product, and any warranty with respect to motors, accessories and other non-InterZAG products shall be limited to whatever warranty is provided by the manufacturer.
This Warranty does not cover or apply to, and InterZAG shall have no responsibility, liability or obligation under this Warranty or otherwise in connection with, any issue with a InterZAG product or part therefor that directly or indirectly is attributable to, is based upon or arises out of: (i) normal wear and tear, (ii) improper installation, (iii) damage during shipment or after delivery, (iv) inadequate or improper storage, operation, maintenance or monitoring, (v) misuse, (vi) user error or negligence, (vii) abrasive wear or corrosion, (viii) use of a InterZAG product for a purpose or application other than the specific purpose or application indicated to InterZAG when the product was ordered from InterZAG, (ix) power surge or brownout, (x) excess or inadequate pressure or voltage, (xi) or (xii) any non-InterZAG product. Any change, modification or alteration to an InterZAG product and any attempt to repair a InterZAG product by anyone other than InterZAG shall void this Warranty with respect to such product unless made at the request or with the authorization of InterZAG and strictly in accordance with its directions and instructions.
Notwithstanding that a specific purpose or application may be indicated to InterZAG when a product was ordered from InterZAG, purchasers are solely responsible and liable for all product requirements and specifications provided to InterZAG and determining that products that satisfy such requirements and specifications are and will be fit and appropriate for the particular purposes and applications for which they are used, and InterZAG shall have no responsibility, liability or obligation under this Warranty or otherwise if a product is used for a purpose or application for which it is not fit or appropriate.
THIS WARRANTY IS AND SHALL BE INTERZAG’S SOLE AND EXCLUSIVE WARRANTY AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT ALL OF WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED.
THE RIGHTS AND REMEDIES UNDER THIS WARRANTY ARE AND SHALL BE THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES AGAINST INTERZAG. EXCEPT FOR THE SPECIFIC LIABILITIES AND OBLIGATIONS PROVIDED UNDER THIS WARRANTY, INTERZAG SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO ANY PRODUCT CLAIMED TO BE DEFECTIVE IN ANY MANNER.
UNDER NO CIRCUMSTANCES SHALL INTERZAG BE LIABLE UNDER THIS WARRANTY OR OTHERWISE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST OR UNREALIZED SALES, REVENUES, PROFITS, INCOME, COST SAVINGS OR BUSINESS, LOST OR UNREALIZED CONTRACTS, LOSS OF GOODWILL, DAMAGE TO REPUTATION, LOSS OF PROPERTY, LOSS OF INFORMATION OR DATA, LOSS OF PRODUCTION, DOWNTIME, OR INCREASED COSTS, IN CONNECTION WITH ANY PRODUCT, EVEN IF INTERZAG HAS BEEN ADVISED OR PLACED ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY PRODUCT.