Trilithic, Inc. ("Trilithic") warrants to the buyer that the product will be free from defects in materials and workmanship, under normal use, operating conditions and service for a period of two (2) years from date of delivery. Trilithic reserves the right, before having any obligation under this limited warranty, to inspect the damaged product, and all costs of shipping the product to Trilithic for inspection shall be borne solely by the buyer. Trilithic's obligation under this limited warranty shall be limited, at Trilithic's sole option, to replacing or repairing the product, or to replacing or repairing any defective part. F.O.B. Indianapolis, Indiana. If neither of the two options is reasonably available, then Trilithic, in its sole discretion, may provide a prorated refund to the buyer of the purchase price of the product, as evidenced by the proof of purchase, less any applicable service fees in accordance with the following schedule: months 0-3 = 100%; months 4-12 = 50%; and months 13-24 = 25%. Batteries and fans are not included or covered by the limited warranty. Any product or part that is repaired or replaced under this limited warranty shall be covered only for the remainder of the original warranty period which applied to the original product or part, or for ninety (90) days, whichever is longer. All products or parts that are exchanged for replacement shall become the property of Trilithic.
In order to recover under this limited warranty, buyer must make a written claim to Trilithic within sixty (60) days of the occurrence and must present acceptable proof of original ownership of the product (such as an original receipt, purchase order or similar documentation). In order for this limited warranty to be effective, the product must have been handled and used as set forth in the documentation accompanying the product and/or its packaging. This limited warranty shall not apply to any damage due to accident, misuse, abuse, neglect, fire or other casualty. Further, this limited warranty shall not apply to any product which has been altered or where the damage was caused by a part not supplied by Trilithic. Trilithic retains the final decision whether a product is within warranty conditions.
THE REMEDY SET FORTH HERIN SHALL BE THE ONLY REMEDY AVAILABLE TO THE BUYER AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRILITHIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF USE OF SOFTWARE, LOSS OR RECOVERY OF DATA, DOWNTIME, REPLACEMENT EQUIPMENT AND ANY THIRD PART CLAIMS ARISING OUT OF ANY THEORY OF RECOVERY INCLUDING WARRANY, CONTRACT, STATUTORY OR TORT IN CONNECTION WITH THE PRODUCT, EVEN IF TRILITHIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL TRILITHIC'S ENTIRE LIABILITY TO BUYER EXCEED THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, TRILITHIC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE PRODUCT OR ITS SUITABILITY FOR ANY USE INTENDED FOR IT BY THE BUYER. TO THE EXTENT ANY IMPLIED WARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, ANY SUCH WARRANTIES ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.
This limited warranty is non-transferable. This limited warranty does not affect any other legal rights buyer may have by operation of law. No agent, reseller, distributor or business partner of Trilithic is authorized to modify the terms of this limited warranty on behalf of Trilithic.