This Limited Warranty is provided by David Clark Company Incorporated (“DCCI”, “us”, “we”, or “our”) with respect to its David Clark products (the “Products”) subject to the provisions below, and other documents incorporated by reference therein (collectively, the “Agreement”).
Scope of Warranty
We warrant the Products to be free from defects in material and workmanship. This warranty applies only to new Products purchased from the David Clark website and through any other websites that may link to the David Clark website (the “Sites”). It does not apply to any of the following: (a) Products with repairs or modifications that we have not authorized in writing; (b) Products purchased from unauthorized resellers; (c) Products not stored, used, handled, or maintained in accordance with our written or oral instructions or recommendations; (d) Products in which objects, products, or accessories not supplied by us have been inserted; (e) accidents or force majeure; (f) Products damaged by environmental conditions, such as excessive heat; or (g) normal wear and tear.
This limited warranty shall survive for the following periods: (a) one year for powered units and (b) thirty days for accessories. The warranty periods begin on the date of your original purchase from the Sites. The warranty period for any repaired or replaced Products ends on the date your warranty from your original purchase ends.
WE MAKE NO OTHER WARRANTIES. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND DCCI DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, SECURITY, RELIABILITY, AND QUALITY.
If we determine that a Product contains a defect in material or workmanship, we will, in our sole discretion, either repair or replace defective parts, provide a new or refurbished equivalent Product, or refund the original purchase price paid on the Sites, exclusive of shipping, taxes, duties, and any other charges. THE FOREGOING IS YOUR SOLE REMEDY. WE SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES.
Upon our request, defective Products or parts must be returned to us. Your failure to comply with your Agreement with DCCI voids all warranties. In addition, you must give us written notice of the defective Product within thirty (30) days of your discovery of the defect. IN NO EVENT MAY A CLAIM BE BROUGHT AFTER ONE YEAR FROM THE DATE OF PURCHASE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DCCI OR ITS AFFILIATES, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, WHETHER OR NOT DCCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.00.