Skiva Technologies, Inc. (“Skiva”) warrants (this “Limited Warranty”) to the original end user customer (the “End User”) that this product is designed to be free from defects in material and workmanship (except as provided below) for one (1) year. This Limited Warranty extends only to the End User, and is not transferable. This Limited Warranty is applicable to products that are repaired or replaced by Skiva for the balance of the Warranty Period or for ninety (90) days from the date the product is repaired or replaced by Skiva, whichever is longer.
If a Skiva product breaches this Limited Warranty, the End User may return it to Skiva in accordance with the terms of the Return Policy, below, within a reasonable time after the End User discovers the defect but in no event, after the one (1) year limited warranty period expires. Subject to the conditions and limitations set forth below (the “Excluded Items”), Skiva will, at its discretion, either repair or replace any part of the product that proves defective by reason of improper workmanship or materials or provide a refund for the product. In no event shall a refund provided by Skiva exceed the amount(s) paid by End User for the Skiva product. If the End User returns a product to Skiva and Skiva determines that this Limited Warranty does not apply, Skiva will not return the product to the End User unless the End User requests it to do so and pays all expenses of shipment. If End User does not request and pay for Skiva to return the product, it will become Skiva’s property. Any product covered by this Limited Warranty (as determined by Skiva) will, after repair or replacement, be shipped back to the End User at Skiva’s expense.
SKIVA’S TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS DOCUMENT. REPAIR, REPLACEMENT OR REFUND ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL SKIVA BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR DAMAGED DATA, WHETHER RESULTING FROM THE PURCHASE, USE, MISUSE, INABILITY TO USE OR INABILITY TO INSTALL THE PRODUCT OR FROM DEFECTS IN THE PRODUCT. SKIVA’S TOTAL LIABILITY FOR A CLAIM OF ANY TYPE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SKIVA PRODUCT THAT IS THE SUBJECT OF A CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
TO THE EXTENT NOT PROHIBITED BY LAW IN YOUR STATE, PROVINCE, JURISDICTION OR COUNTRY, THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY SKIVA FOR THE PRODUCT AND IS IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS WARRANTY STATEMENT, SKIVA DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS, AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS WARRANTY SUPERSEDES ALL OTHER WARRANTIES, INCLUDING ANY WARRANTIES BASED ON ORAL REPRESENTATIONS.
TO THE EXTENT SUCH WARRANTIES AND CONDITIONS CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SKIVA LIMITS THE DURATIONS AND REMEDIES OF ANY SUCH NON-DISCLAIMABLE WARRANTIES AND CONDITIONS TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND AT SKIVA’S OPTION, THE REPAIR, REPLACEMENT, OR REFUND REMEDIES SET FORTH IN THIS DOCUMENT. SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES MAY NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
THIS LIMITED WARRANTY GIVES THE END USER SPECIFIC LEGAL RIGHTS, AND THE END USER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY DOES NOT COVER DEFECTS CAUSED BY negligence; accidents; improper maintenance; improper storage; misuse; installation or use not in accordance with Skiva’s printed installation, product, or safety instructions; abuse; impact or other force, whether prior or subsequent to installation; normal wear and tear; fire, lightning, tornadoes, or other acts of God; contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; excessive electrical supply or other problems with electrical power; abnormal mechanical or environmental conditions; application other than intended use; unauthorized disassembly, repair or modification; service by unauthorized provider; installation of unapproved third party products; problems caused by, or resulting to, accessories, products, or components not supplied by Skiva; products for which Skiva has not received payment; or buyer’s remorse. This Warranty also does not apply to any product on which the original identification information has been altered, obliterated or removed, or has been sold as second-hand.
Skiva does not warrant against freight damage, concealed or otherwise. The End User must contact the delivering carrier to report freight damage within 48 hours of receipt of product. Failure to report freight damages within the carrier’s guidelines may result in the End User bearing all costs. Failure to sign the delivery receipt acknowledges approval of the product as is and nulls the End User’s claim.
If the End User returns a product (a “Returned Item”) for any reason, the End User must comply with the following requirements:
- Contact Skiva to obtain an RMA Number by emailing customer service department at firstname.lastname@example.org. A Returned Item returned to Skiva without a valid RMA Number may be rejected by Skiva;
- Within 30 days of obtaining the RMA Number, the End User must send the Returned Item freight pre-paid and insured to Skiva Technologies, Inc., 8330 Sterling St, Irving TX 75063;
- A Returned Item must be properly packaged to prevent damage in transit and must include the original invoice and carton label with the Skiva Part Number and the UPC Bar Code. Product must be returned in the original packaging carton and materials. A Returned Item improperly shipped to Skiva voids all warranties;
- The RMA Number must be visible on the outside of the package. Any return without a valid RMA number is subject to refusal by Skiva; and
- The End User agrees that Skiva is not responsible for any loss or damage to a Returned Item sustained in transit.