The limited warranties provided by OMATA Inc. Inc. (“OMATA”) in this Limited Warranty Statement apply only to new OMATA-branded devices and new OMATA Inc.-branded accessories. (Devices and Accessories are referred to collectively as “OMATA Products”) that you (“Customer”) purchase in the United States, including the District of Colombia, and abroad, directly from OMATA Inc. for Customer’s own personal use, and not for resale or commercial use.
OMATA Inc. warrants that the Devices will be free from defects in workmanship and materials, under normal use, for one (1) year from the original purchase date with copy of receipt of purchase.
The warranties set forth in this Limited Warranty Statement do not apply to:
Warranty Remedies and Procedures
As Customer’s sole and exclusive remedy and OMATA Inc.’s entire liability under the limited warranties stated above, OMATA Inc. will, at its option, repair the OMATA Inc. Product or replace it with a comparable OMATA Inc. Product. Replacement OMATA Inc. Products and parts used to repair the OMATA Inc. Products may be new, refurbished or reconditioned. Repaired or replaced OMATA Inc. Products are warranted for the unexpired portion of the original warranty period or 90 days from the date of shipment whichever, is longer. All OMATA Inc. Products and parts that are replaced become the property of OMATA Inc..
Customer must contact OMATA Inc. Technical Support within the warranty period and furnish a dated proof of original purchase prior to the return of any OMATA Inc. Product for warranty service. To obtain contact information, refer to OMATA Inc.’s website or e-mail email@example.com. Upon validation of Customer’s warranty entitlement, OMATA Inc. will issue a Return Material Authorization (RMA) number along with return instructions. Customer must ship the OMATA Inc. Product to the designated location, postage pre-paid, in original or equivalent packaging within five (5) days after OMATA Inc.’s issuance of an RMA number. OMATA Inc. will not be responsible for any OMATA Inc. Product damaged or lost in transit. OMATA Inc. will return the repaired or replacement OMATA Inc. Product to Customer, postage pre-paid, in the United States
OMATA Inc. will not be responsible for any software, data or information contained in or stored on any Device (or on any removable media or storage devices such as CDs, DVDs or PC cards) that is lost, corrupted or damaged in transit or as a result of OMATA Inc.’s repair of any Devices. Data recovery is not included in the warranty service. Prior to shipping the Device back to OMATA Inc., Customer should backup all such software, data and information. All confidential, proprietary or personal data or information should be removed from the Device (and from any removable media or storage devices such as CDS, DVDs or PC cards) as returned to OMATA Inc. Customer will be responsible for reinstalling all software, data, information and passwords.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. OMATA Inc. DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OMATA Inc. OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS LIMITED WARRANTY STATEMENT. Some jurisdictions do not allow limitations on how long an implied warranty lasts, 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 by jurisdiction.
Limitation Of Liability
IN NO EVENT WILL OMATA Inc. LIABILITY TO CUSTOMER ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS LIMITED WARRANTY STATEMENT, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO OMATA BY CUSTOMER FOR THE OMATA PRODUCT GIVING RISING TO THE LIABILITY.
IN NO EVENT WILL OMATA BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR RESULTING FROM THE USE OR PERFORMANCE OF THE OMATA Inc. PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT OMATA Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS LIMITED WARRANTY STATEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER.
This Limited Warranty Statement will be governed by and construed in accordance with the laws of the State of California, USA excluding its conflict of laws rules and principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.