Terms And Conditions - OPGAL Therm-App MD Pro User Manual

Therm-App MD™ Pro User Manual
18.

Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY; IT CONTAINS IMPORTANT INFORMATION ABOUT COVERAGE UNDER
THIS LIMITED WARRANTY, CUSTOMER OBLIGATIONS AND OTHER IMPORTANT TERMS, CONDITIONS, EXCLUSIONS
AND DISCLAIMERS.
1. WHO IS ENTITLED TO WARRANTY? Any Product purchased from Opgal Optronic Industries Ltd. and its affiliates ("Opgal") or from an authorized
reseller of Opgal, is eligible for the limited warranty coverage, subject to the terms and conditions set forth in this document. Only you, the original
purchaser of the Product, who purchased the Product from Opgal or its authorized reseller, are entitled to receive the warranty specified in this
document. Please note that this warranty is not an international warranty. The warranty will only be honored in the country in which the authorized
reseller or the Opgal entity from whom you purchased the Product, are located.
2. LIMITED WARRANTY. In accordance with the terms and conditions of and except as excluded or disclaimed in this document, Opgal warrants that
from the date specified on your invoice (the "Purchase Date") through the end of the applicable Warranty Period (as defined below), the Product
will conform to Opgal's published specifications at the Purchase Date and will be free from defects in materials and workmanship. YOU'RE SOLE
AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY, AT OPGAL'S SOLE DISCRETION, IS THE REPAIR OR REPLACEMENT OF A DEFECTIVE
PRODUCT IN A MANNER, AND BY A SERVICE CENTER OR AUTHORIZED RESELLER, AS AUTHORIZED BY OPGAL. IF THIS REMEDY IS ADJUDICATED
TO BE INSUFFICIENT, OPGAL SHALL REFUND YOUR PAID PURCHASE PRICE AND HAVE NO OTHER OBLIGATION OR LIABILITY TO YOU
WHATSOEVER.
3. WARRANTY PERIOD. The Product applicable Warranty Period is one (1) year from the Purchase
Date ("Warranty Period"). Any Product that is repaired or replaced under warranty, is covered for nighty (90) days from the date of return shipment
by Opgal or for the remaining duration of the applicable Warranty Period, whichever is longer. If the Product is purchased in an EU country, to the
extent you are a Consumer, you have an additional year (according to the EU-Directive 1999/44) to claim for deficiencies or malfunctioning of the
Product, which were present at the time of purchase, but were not apparent then, as determined by Opgal. In order to make this extended warranty
effective, you must contact the authorized reseller from whom you purchased the Product or Opgal local service center and notify them about the
production fault immediately, and no later than 60 days after detecting the fault.
4. WARRANTY EXCLUSIONS AND DISCLAIMERS. OPGAL MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCT OR THE
DOCUMENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE (EVEN IF YOU HAVE NOTIFIED US OF YOUR INTENDED USE FOR THE PRODUCT), AND NON-INFRINGEMENT. ROUTINE
PRODUCT MAINTENANCE, SOFTWARE UPDATES AND CALIBRATION ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY. OPGAL FURTHER
EXPRESSLY DISCLAIMS ANY WARRANTY COVERAGE WHERE THE ALLEGED NONCONFORMITY IS DUE TO NORMAL WEAR AND TEAR, ALTERATION,
MODIFICATION, REPAIR, ATTEMPTED REPAIR, OPENNING OR ATTEMPTING TO OPEN, IMPROPER USE, IMPROPER MAINTENANCE, NEGLECT,
ABUSE, IMPROPER STORAGE, FAILURE TO FOLLOW ANY PRODUCT INSTRUCTIONS, DAMAGE (WHETHER CAUSED BY ACCIDENT OR OTHERWISE),
OR ANY OTHER IMPROPER CARE OR HANDLING OF THE PRODUCT CAUSED BY ANYONE OTHER THAN OPGAL OR ON ITS BEHALF. THIS
DOCUMENT CONTAINS THE ENTIRE WARRANTY AGREEMENT BETWEEN YOU AND OPGAL AND SUPERSEDES ALL PRIOR WARRANTY
NEGOTIATIONS, AGREEMENTS, PROMISES AND UNDERSTANDINGS BETWEEN YOU AND OPGAL. THIS WARRANTY MAY NOT BE MODIFIED
WITHOUT THE EXPRESS WRITTEN CONSENT OF OPGAL. THIS WARRANTY DOES NOT HAVE THE EFFECT OF EXCLUDING OR LIMITING YOUR
STATUTORY RIGHTS OR CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE STATUTE.
5. WARRANTY CLAIMS. To be eligible for warranty repair or replacement, you must notify Opgal within thirty (30) days of discovering of any apparent
defect in materials or workmanship. Before you may return a Product for warranty service or repair, you must first obtain a returned material
authorization (RMA) number from Opgal. To obtain the RMA number you must provide an original proof of purchase. You are solely responsible
for complying with all RMA instructions provided by Opgal including but not limited to adequately packaging the Product for shipment to Opgal.
Opgal will pay for returning to you, any Product that Opgal repairs or replaces under warranty. Opgal reserves the right to determine, in its sole
discretion, whether a returned Product is covered under warranty. If Opgal determines that any returned Product is not covered under warranty or
is otherwise excluded from warranty coverage, Opgal may charge you a reasonable handling fee and return the Product to you, at your expense.
Confidential Opgal Propriety
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Document P/N UM-TAH00AQ-MD-PRO| Rev B