FLASHLAUNCHER
MANUAL
14
WARRANTY, DISCLAIMER OF WARRANTY AND
LIMITATION OF REMEDIES
United Tactical Systems, LLC (UTS) warrants, solely to the end user, law enforcement
agencies, private security rms, or private or public corrections agencies, that the
product is delivered free from defects in materials and workmanship for a period
of one (1) year from the original date of purchase.
Within the one-year warranty period, UTS’s liability and the buyer’s sole and
exclusive remedy hereunder for all claims shall be limited to a refund or credit
to buyer of the purchase price, or replacement of this product, at UTS’s option,
provided that the non-conforming product is (1) returned during the warranty
period and (2) properly packaged and shipped to UTS’s designated facility in
accordance with UTS’s Return Merchandise Authorization (RMA) Policy.
THE REMEDY SET FORTH ABOVE SHALL BE THE SOLE AND EXCLUSIVE REMEDY
FOR BREACH OF THE FOREGOING WARRANTY.
Products which have been improperly handled, stored or shipped, or which have
been subject to abuse, misuse, alteration and/or neglect are not covered by the
warranty. Aftermarket products and the use of non-authorized projectiles are
strictly prohibited by UTS and any indication of their installation or use shall void
all warranties.
DISCLAIMER OF WARRANTY: Except for the express limited warranty set
forth above, UTS makes no warranties or representations of any kind, whether
express or implied, with respect to the product, including any (a) warranty of
merchantability; or (b) warranty of tness for a particular purpose; or (c) warranty
against infringement of intellectual property rights of a third-party, whether
express or implied by law, course of dealing, course of performance, usage of
trade or otherwise. There are no warranties which extend beyond the description
of the face hereof. Buyer shall make no warranty or representation regarding the
products that is inconsistent with the warranty set forth above. UTS shall not be
liable for any injury, loss, or damage, direct or consequential, arising out of the
use or the inability to use this product.
Before Use: the user shall determine the suitability of the product and be fully
trained for its intended use, and user assumes all risks and liability whatsoever in
connection therein. In no event shall UTS be liable or obligated to buyer or to any
third party in any manner for any (a) special, non-compensatory, consequential,
indirect, incidental, statutory, or punitive damages of any kind, including, without
limitation, lost prots and/or lost revenue, regardless of the form of action, whether
in contract, tort, negligence, strict product liability, or otherwise, even if informed
of or aware of the possibility of any such damages in advance, (b) in an amount
greater than the amounts paid to UTS by buyer for the products, or (c) damage
or injury caused by the products, unless due to the gross negligence or willful
misconduct of UTS. The limitations set forth above shall be deemed to apply to
the maximum extent permitted by applicable law and notwithstanding the failure
of the essential purpose of any limited remedies. The parties acknowledge and
agree that they have fully considered the foregoing allocation of risk and nd it
reasonable, and that the foregoing limitations are an essential basis of the bargain
between the parties.