Lemeks Palmako PA28-3030 Instrucciones De Montaje, Instalación Y Mantenimiento página 35

Installation manual – English
proof of purchase and original Product purchase invoice;
4)
clear photographs of the defective Product and specifically of the defective part, and an
5)
explanation of the experienced defect.
3.2. Instructions. In case of a defect Customer must stop using the Product immediately, if requested
by reseller or Palmako. Furthermore, Customer must allow reseller and Palmako to inspect the
Product at Customer's premises during regular business hours and any defective parts must be
made available for inspection by reseller and Palmako and should be shipped upon first request.
Customer must follow all instructions by reseller and Palmako in connection to a Warranty claim.
3.3. Remedies. In case of a valid Warranty claim, as determined by the reseller or Palmako::
3.3.1. the reseller or Palmako will, at their sole discretion, remedy the defect in the Product at
its own expense, replace the defective part(s) of the Product, or supply the missing part(s). If
repairing the Product is considered not feasible by the reseller, the reseller or Palmako have
the right to replace the Product instead of repairing it. If the reseller or Palmako replaces the
Product or a part thereof, the Customer will be required to return the defective Product or part
thereof to the reseller or Palmako upon first request.
3.3.2. In special cases, the parties may agree in writing that the Customer will remedy the defect
or will have the defect remedied by a third party. Customer must provide a written cost estimate
of the repair or replacement of Product parts. Only costs and expenses that are pre-approved in
writing by reseller or Palmako will be reimbursed.
3.4. Shipping costs. In case of a valid Warranty claim, as determined by the reseller or Palmako, reseller
or Palmako will reimburse the shipping costs to transport the Product or its part(s) in connection
with the Customer exercising its rights under the Warranty. The reseller or Palmako will only
reimburse any additional costs incurred by the Customer if the Parties have so agreed in writing
and in advance.
4. DISCLAIMER, LIMITATION OF LIABILITY, APPLICABLE LAW AND ARBITRATION
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, CONCERNING THE PURCHASE, USE OR CONDITION OF
ANY PRODUCTS,
MERCHANTABILITY,
CONFORMITY WITH ANY DESCRIPTION OR SAMPLE. EXCEPT AS SET FORTH IN THIS
WARRANTY, ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND OTHER TERMS
IMPLIED BY LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PALMAKO OR ITS AFFILIATES BE LIABLE, HOWEVER CAUSED AND
WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. PALMAKO'S
AGGREGATE LIABILITY FOR CUSTOMER'S CLAIMS IN CONNECTION TO PRODUCTS
SHALL NOT EXCEED THE FULL PURCHASE PRICE OF THE PRODUCTS PAID BY
CUSTOMER.
THIS WARRANTY IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND ALL
DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO THIS WARRANTY OR THE
CONTRACT OR CONTRACTS RELATED TO THE SALE AND/OR INSTALLATION OF THE
PRODUCTS SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION
RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE
ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
INCLUDING, WITHOUT
FITNESS FOR A
LIMITATION, ANY
PARTICULAR PURPOSE,
WARRANTY OF
QUALITY OR