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NewerTech MAXPower RAID eSATA 6G-4e
Part 6: Warranty Information
NewerTech MaxPower RAID eSATA 6G-4e Controller Card 3 Year Warranty
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Limited Warranty: 3 years parts and labor
Exclusions & Limitations
This Limited Warranty applies only to the NewerTech MaxPower RAID eSATA 6G-4e Controller Card. The Limited Warranty does
not apply to any other NewerTech, Inc. (NewerTech) or Other World Computing, Inc. (OWC) hardware products or any software, even if
packaged or sold with other hardware. Manufacturers, suppliers, or publishers, other than NewerTech and OWC, may provide their own
warranties to the end user purchaser, but NewerTech, in so far as permitted by law, provides their products "as is". Software included
with the NewerTech MaxPower RAID eSATA 6G-4e Controller Card is not covered under this Limited Warranty. Refer to the licensing
agreement accompanying the software for details of your rights with respect to its use.
Neither NewerTech, nor OWC warrant that the operation of the product will be uninterrupted or error-free. Neither NewerTech, nor OWC
are responsible for damage arising from failure to follow instructions relating to the product's use.
This warranty does not apply: (a) to damage caused by use with non-NewerTech products; (b) to damage caused by accident, abuse,
misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or
intended uses described by NewerTech or OWC; (d) to damage caused by service (including upgrades and expansions) performed by
anyone who is not a representative of NewerTech, OWC or an Authorized Service Provider of NewerTech or OWC; (e) to a product or part
that has been modified to significantly alter functionality or capability without the written permission of NewerTech and OWC; (f ) to
consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; or (g) if any NewerTech
serial number has been removed or defaced.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY
APPLICABLE LAW, NEWERTECH AND OWC SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN
OR LATENT DEFECTS. IF NEWERTECH OR OWC CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE
EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY
AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY OWC IN ITS SOLE DISCRETION. No OWC or NEWERTECH reseller, agent, or
employee is authorized to make any modification, extension, or addition to this warranty.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, NEWERTECH, ALONG WITH OWC, ITS
PARENT, NEW CONCEPTS DEVELOPMENT CORPORATION, AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR DIRECT, 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; LOSS OF, DAMAGE TO OR CORRUPTION
OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT
OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA
STORED OR USED WITH OWC PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE
PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. OWC DISCLAIMS ANY
REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE
WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.
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