Version Date: [12/5/2016]
This Limited Warranty ("Warranty Policy") applies to Brizer branded hardware products ("Product(s)") sold by Brizer, Inc. ("Brizer"). Brizer’s warranty obligations are to the original purchaser ("you") only and are limited to the terms set forth below.
Brizer provides the following limited warranty to you if you purchased the Product(s) from Brizer directly or if you purchased the Product(s) from an authorized reseller. Brizer warrants that the Product(s) will be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of your purchase ("Warranty Period").
Your sole and exclusive remedies for warranty claims submitted to Brizer within the Warranty Period pursuant to this Warranty Policy are as follows:
For all Product(s) that fail the above warranty, Brizer will, at its sole option, either: (i) repair the Product(s); (ii) replace the Product(s) with a new or refurbished Product(s) (replacement Product(s) being of identical model or functional equivalent); or (iii) provide to you a refund in the amount of the price you paid for the Product(s) (excluding taxes and shipping costs); and
Any Product(s) that have been repaired or replaced under this Warranty Policy will have warranty coverage for the longer of: (a) ninety (90) days from the date of repair or replacement; or (b) the remaining original Warranty Period. Replacement parts used in the repair of the Product(s) may be new or equivalent to new or refurbished.
To make a warranty claim to Brizer pursuant to the limited warranty provided herein, you must: (a) contact Brizer within the Warranty Period at support@brizer.com; (b) obtain a return materials authorization (RMA) from Brizer and include with your Product return the RMA reference number provided by Brizer; and (c) return the Product(s) to Brizer with proof of purchase from Brizer or an authorized reseller as directed by Brizer to the address specified by Brizer in connection with the RMA. For return shipping, you should use a trackable shipping method. Brizer is not responsible for Products shipped to Brizer that Brizer does not have a record of receipt for unless you can verify shipment through your carrier’s tracking records. Brizer does not accept C.O.D. deliveries.
This Warranty Policy applies only to Product(s) manufactured by or for Brizer that are marked with the "Brizer" trade name or logo and contain a valid Brizer serial number.
This Warranty Policy does not apply to, and specifically excludes, the following: (a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship in the Product(s); (b) normal wear and tear and cosmetic damage, including, but not limited to, scratches, dents and broken plastic; (c) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, third-party applications downloaded to the Product(s) or companion applications that connect to and communicate with the Product(s) or if the serial number has been removed; (d) damage caused by operating the Product(s) outside the permitted or intended uses described by Brizer documentation; (e) damage caused by use with non-Brizer products; (f) any non-Brizer hardware products or any software, even if packaged or sold with the Product(s); and (g) modifications of the Product(s) firmware or software by anyone other than Brizer . Brizer reserves the right to disable Product(s) if Brizer suspects fraud or if Brizer determines that the Product(s) are counterfeit, stolen or lost in shipment.
TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND Brizer IS NOT RESPONSIBLE FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING ANY DATA STORED OR USED WITH THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT(S). Brizer’S LIABILITY SHALL NOT EXCEED THE AMOUNT THAT YOU PAID Brizer OR THE AUTHORIZED RESELLER FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
THIS WARRANTY POLICY SETS FORTH THE FULL EXTENT OF Brizer’S WARRANTY RESPONSIBILITY. THIS WARRANTY POLICY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD.
To the extent the foregoing disclaimers are not permitted by applicable law, any implied warranty, including any implied warranty of merchantability or warranty of fitness for a particular purpose, is limited in duration to the Warranty Period as provided herein. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this limitation may not apply to you.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Warranty Policy shall be governed and construed by the law of Florida, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Brizer arising out of or related in any respect to the Products shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Broward County, State of Florida. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Products be instituted more than one (1) year after the cause of action arose.
