Warranty Agreement

Subject to the provisions described below, the product by eGauge Systems LLC (Manufacturer) is protected against defects in material and workmanship for the duration stated in the purchase contract.

Should a product fail to perform as described above within the warranted period, it will be repaired or replaced with the same or functionally equivalent product by Manufacturer, at its discretion, free of charge provided you: (1) return the failed product to Manufacturer with shipping charge prepaid, and (2) provide Manufacturer with proof of the original date of purchase. Repaired or replacement products will be returned to you with shipping charges prepaid.

Replacement products may be refurbished or contain refurbished materials. If Manufacturer, by its sole determination, is unable to repair or replace the defective product, it will refund the depreciated purchase price of the product.

This warranty does not apply if, in the judgement of Manufacturer, the product fails due to damage from shipment, handling, storage, accident, abuse or misuse, or if it has been used or maintained in a manner not confirming to product manual instructions, has been modified in any way, or has had any serial number removed or defaced. Repair by anyone other than Manufacturer or an approved agent will void this warranty. The maximum liability of Manufacturer under this warranty is limited to the purchase price of the product covered in the warranty.

Prior to returning any defective product, the end customer or the reseller from whom the end customer originally purchased the product must obtain a Return Materials Authorization (RMA) number from Manufacturer. All defective products should be returned to the Manufacturer with shipping charges prepaid. Manufacturer will not accept collect shipments.

Except as specifically provided in this agreement or as required by law, the warranties and remedies stated above are exclusive and in lieu of all others, oral or written, express or implied. Any and all other warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights are expressly excluded. Manufacturer shall not under any circumstances be liable to any person for any special, incidental, indirect, or consequential damages, including, without limitation, damages resulting from use or malfunction of the products, loss of profits or revenues, or cost of replacement goods, even if Manufacturer is informed in advance of the possibility of such damages.