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LIMITED PRODUCT(S) WARRANTY
Your FosPower product(s) are covered by a Limited Lifetime Warranty. If a substantial defect in material or workmanship arises with your FosPower product(s), and a valid warranty claim is received by FosPower, you will be entitled to one of the remedies provided in the Sole and Exclusive Remedy section below. This Limited Lifetime Warranty is non-transferable and covers only the original end purchaser of the applicable FosPower product(s). Proof of purchase in the form of the original purchase receipt or packaging slip is required for warranty validation and service. Warranty claims must be made directly to FosPower. Please note that FosPower cannot be held liable, in any manner, for damages to your personal property resulting from any misuse or improper care and maintenance of the FosPower product(s) case.
SOLE AND EXCLUSIVE REMEDY
Your sole and exclusive remedy for any breach by FosPower of this Limited Warranty, and FosPower's sole and entire liability for such breach, is, at FosPower's option, to repair or replace the defective FosPower Product or, if the warranty claim is submitted during the first thirty (30) calendar days of the Warranty Period, refund the purchase price of the defective FosPower Product. Repair or replacement of the applicable FosPower Product (including parts and labor as well as re-shipping costs) shall be made at FosPower's expense. FosPower reserves the right to send you a replacement FosPower Product that is the same or of a similar style to the FosPower Product you returned under the Limited Warranty or a substitute equivalent to your original FosPower Product that may not be of like kind (depending on availability). Replacement FosPower Products will be furnished only on an exchange basis. Replacement or repaired FosPower Products are warranted as above only for the remainder of the original applicable warranty Period.
EXCLUSIONS AND LIMITATIONS
This Limited Lifetime Warranty does not cover any FosPower product(s) purchased through non-authorized dealers and/or online auction websites. Non-authorized dealer receipts and/or online sales auction confirmations are NOT accepted for warranty verification. This Limited Lifetime Warranty applies only to the FosPower product(s). The Limited Lifetime Warranty does not extend to or otherwise apply to any non-FosPower product(s), even if packaged or sold with the FosPower product(s). This Limited Lifetime Warranty applies only to the normal use of the covered FosPower product(s), in accordance with the written use instructions provided with the FosPower product(s). This Limited Lifetime Warranty does not apply to any of the FosPower Product(s) caused by accident, abuse, misuse, used for any purpose other than its intended purpose, acts of God, or any alteration or modification of the FosPower product(s).
Except as expressly set forth above in this Limited Lifetime product(s) warranty section, each FosPower product(s) is provided solely on an “as is” basis and FosPower makes no other warranties of any kind. To the maximum extent permitted by applicable law, FosPower specifically disclaims and excludes any and all other warranties, whether express, implied or statutory, including, without limitation, any implied warranties of non-infringement, quiet enjoyment, merchantability or fitness for a particular purpose. If such disclaimer of any implied warranty is not permitted by law, the duration of any such implied warranty is limited to the duration of the warranty period of the limited warranty as set forth above. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to you. If applicable law specifies a minimum warranty period that is longer than the warranty period set forth in the limited warranty, then the warranty period for FosPower product(s) subject to such applicable law shall be conformed to the minimum period so required. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
In no event, under any cause of action of theory of liability, shall FosPower, its distributors or suppliers be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages, of any nature whatsoever, arising out of the use of or inability to use any FosPower product(s), including, without limitation, property damage, loss of value of the FosPower product(s) or any third party product(s)s that are used in or with the FosPower product(s), or loss of use of the FosPower product(s) or any third party product(s)s that are used in or with the FosPower product(s), even if FosPower has been advised of the possibility of such damages. Without limiting the foregoing, you understand and agree that FosPower has no liability for any damage or destruction to consumer electronics devices or other personal property that are contained inside or outside the FosPower product(s), including, without limitation, laptops, cellular phones, or other handheld devices, or any loss of data contained in the foregoing devices. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract, tort (including negligence) or otherwise, the entire aggregate liability of FosPower and any of its distributors and/or suppliers shall be limited to the amount actually paid by you for the FosPower product(s) giving rise to liability. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The limitations of liability set forth above shall apply to the maximum extent permitted under applicable law.