Product Warranty, Disclaimers, Terms and Conditions, Returns
- Limited Product Warranty.
- Limited Warranty. Zorpro warrants to original Buyer that for a period of one (1) year from the date of shipment of the product that such product will materially conform to specifications set forth in the Instruction Manual and be free from material defects in material and workmanship.
- Disclaimer. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1.1 ABOVE, ZORPRO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Limitation of Remedy. Buyer’s sole and exclusive remedy for any defect in the product, whether the claim arises by virtue of the limited warranty or otherwise, shall be limited to the repair or replacement (at Zorpro’s option) of such product. If, within the warranty period, Buyer believes the product to be defective, Buyer must promptly notify Zorpro of the nature of the defect. The product may not be returned without first obtaining Zorpro’s authorization and shipping instructions. If the product is defective and Zorpro is unable to repair the product to conform to the limited warranty, Zorpro will, at its option, either refund the purchase price or provide a replacement product which conforms to the limited warranty. The replaced or repaired product will have a limited warranty of 365 days from delivery of original product purchase date.
- Limitation of Liability.
- No Consequential or Indirect Damages. IN NO EVENT SHALL ZORPRO BE LIABLE TO BUYER, OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ZORPRO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
- Maximum Liability. IN NO EVENT SHALL ZORPRO’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT PAID TO ZORPRO FOR THE PRODUCT.
Buyer acknowledges and agrees that the parties entered into the agreement for the sale and purchase of the product in reliance upon the limitations of liability set forth in this Section 2, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
- Governing Law and Forum. This Agreement and all documents related to the product, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Utah, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Utah. Buyer irrevocably consents to the exclusive jurisdiction of the Fourth District Court, State of Utah, in and for Utah County, regarding all controversies between the parties.
- Modification. None of these terms and conditions may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by both the Buyer and Zorpro.
- Entire Agreement. These terms and conditions constitute the entire agreement between the parties and supersede any prior proposals, advertisements, negotiations, understandings, agreements or representations.
We do not accept any returns on products sold. If an item sold by Zorpro is under warranty we will fix or replace the broken item.