WUCUBE LIMITED WARRANTY
The warranty obligations of PDFENERGY LTD (09252768) for this product (“Wucube”) are limited to the terms set forth below:
WHAT IS COVERED
This limited warranty covers defects in materials and workmanship in this product.
WHAT IS NOT COVERED
This limited warranty does not cover any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature. This limited warranty does not cover any damage, deterioration or malfunction resulting from any unauthorized tampering with this product, any repairs attempted by anyone unauthorized by PDFENERGY to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product. This limited warranty does not cover any accessories used in conjunction with this product.
Without limiting any other exclusion herein, PDFENERGY LTD does not warrant that the product covered hereby, including, without limitation, the technology and/or integrated circuit(s) included in the product, will not become obsolete or that such items are or will remain compatible with any other product or technology with which the product may be used.
LENGTH OF COVERAGE
This limited warranty lasts for five (5) years from the date of original purchase of this product.
However, the exposed metallic surfaces of the product (“Wucube”) may fade or discolor over time, this is purely cosmetic requiring re-polishing, so are limited to a one (1) year warranty.
WHO IS COVERED
Only the original purchaser of this product is covered under this limited warranty. This limited warranty is not transferable to subsequent purchasers or owners of this product.
WHAT PDFENERGY LTD WILL DO
PDFENERGY will, at its sole option, provide one of the following three remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:
Elect to repair or facilitate the repair of any defective parts within a reasonable period of time, free of any charge for the necessary parts and labor to complete the repair and restore this product to its proper operating condition. PDFENERGY will also pay the shipping costs necessary to return this product once the repair is complete.
Replace this product with a direct replacement or with a similar product deemed by PDFENERGY to perform substantially the same function as the original product.
Issue a refund of the original purchase price less depreciation to be determined based on the age of the product at the time remedy is sought under this limited
WHAT PDFENERGY LTD WILL NOT DO UNDER THIS WARRANTY
If this product is returned to PDFENERGY or the authorized dealer from which it was purchased or any other party authorized to repair PDFENERGY products, this product must be insured during shipment, with the insurance and shipping charges prepaid by you. If this product is returned uninsured, you assume all risks of loss or damage during shipment. PDFENERGY will not be responsible for any costs related to the removal, installation or re- installation of this product from or into any location. PDFENERGY will not be responsible for any costs related to any setting up this product, any adjustment of user controls or any programming required for a specific installation of this product.
OBTAINING A REMEDY UNDER THIS WARRANTY
To obtain a remedy under this limited warranty, you must contact either the authorized PDFENERGY LTD (“Wucube”) reseller from whom you purchased this product or either of the following Websites. Please visit our web sites at www.wucube.com or www.pdfenergy.com and complete the Customer Service Contact Form.
In order to pursue any remedy under this limited warranty, you must possess an original proof of purchase from an authorized PDFENERGY (“Wucube”) reseller. If this product is returned under this limited warranty, a return authorization number, obtained from PDFENERGY (“Wucube”), will be required. You may also be directed to an authorized reseller or a person authorized by PDFENERGY LTD (“Wucube”).
If it is decided that this product should be returned directly to PDFENERGY, this product should be properly packed, preferably in the original carton, for shipping. Cartons not bearing a return authorization number will be refused.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PDFENERGY LTD SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF PDFENERGY LTD CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPICABLE LAW.
IF ANY PRODUCT TO WHICH THIS LIMITED WARRANTY APPLIES IS A “CONSUMER PRODUCT” UNDER THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C.A. §2301, ET SEQ.) OR OTHER APPICABLE LAW, THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES SHALL NOT APPLY TO YOU, AND ALL IMPLIED WARRANTIES ON THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE, SHALL APPLY AS PROVIDED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, PDFENERGY LTD ALSO EXCLUDES ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY CUSTOMER, OR FOR THE LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER INFORMATION OR FINANCIAL LOSS ARISING OUT OF OR IN CONSEQUENCE WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF PDFENERGY LTD OR ITS DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT PDFENERGY LTD’ OPTION. THIS LIMITATION OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. Some countries, districts or
States do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to you.
IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET HEREINBEFORE, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
This limited warranty gives you specific legal rights, and you may have other rights which vary from country to country or state to state.
This limited warranty is void if (i) the label bearing the serial number of this product has been removed or defaced, (ii) the product is not distributed by PDFENERGY LTD or (iii) this product is not purchased from an authorized PDFENERGY LTD reseller. If you are unsure whether a reseller is an authorized PDFENERGY LTD reseller, Please visit our web sites at www.wucube.com or www.pdfenergy.com and complete the Customer Service Contact Form.
Should a court of jurisdiction not allow the entire exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, such implied warranties and such liabilities will be limited to the duration of the applicable express warranty.
GOVERNING LAW AND PLACE OF JURISDICTION
This Limited Warranty shall be governed by the laws of the United Kingdom, excluding all conflict of laws principles and excluding the United Nations Convention on the International Sale of Goods dated 11 April 1980. The ordinary courts at the PDFENERGY LTD registered office in Sawbridgeworth, United Kingdom shall be competent. PDFENERGY LTD shall, at its sole discretion, also be entitled to take legal action in the competent courts at the Customer’s place of business or domicile.
THANK YOU FOR YOUR PURCHASE
PDFENERGY LTD thanks you for purchasing a PDFENERGY LTD product.
We hope it will give you years of satisfaction.