shipment from Seller's facility. For the EPT-Series Li-ion Battery (25.2V 3.0A), the seller warrants that the Goods will be free of defects in materials or workmanship, under normal use and service, for a period of six (6) months from date of shipment from Seller's facility. The liability of Seller under the foregoing warranty is limited, at Seller's option, solely to repair or replacement with equivalent Goods, or an appropriate credit adjustment not to exceed the sales price to Purchaser. This warranty will apply only if (a) Purchaser notifies Seller in writing, within the warranty period, promptly upon discovery of defects, with a detailed description of such defects and the affected Goods, (b) Purchaser has obtained a Return Materials Authorization ("RMA") from Seller which RMA Seller agrees to issue to Purchaser promptly after Purchaser provides Seller's Customer Service Department with the original purchase order number and invoice number and date, (c) the defective Goods are returned to Seller within twenty days after the issuance of the RMA, with the RMA shown on each shipping carton, transportation and other applicable charges prepaid by Purchaser, and (d) Seller's examination of such Goods discloses to its reasonable satisfaction that defects were not caused by negligence, misuse, improper installation, improper maintenance, accident or unauthorized repair or alteration. The original warranty period for any Goods which have been repaired or replaced by Seller will not thereby be extended. Unless otherwise indicated in the RMA, defective products should be shipped to Seller at the following address: Returns Processing Center, Mountz, Inc., 19051 Underwood Road, Foley, AL 36535. THE FOREGOING WARRANTY IS PROVIDED EXPRESSLY IN LIEU OF, AND SELLER HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY OR ALL OTHER OBLIGATIONS OR LIABILITIES ON SELLER'S PART RELATING TO ANY ALLEGEDLY DEFECTIVE PRODUCT, AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SELLER ANY OTHER LIABILITY. 8. Limitations of Liability The remedies set forth in Sections 6 and 7 above constitute Purchaser's sole and exclusive remedies for nonconforming or defective Goods. In no event, including without limitation if Goods are nonconforming, defective, infringing, delayed, or not delivered, will Seller be liable for any special, contingent, incidental, indirect, or consequential damages (collectively, "Excluded Damages"), even if Seller has been advised of the possibility of such damages, whether under a contract, tort, warranty, property, or other legal theory. Excluded Damages include, but are not limited to, personal injury, property damage, anticipated profits, labor expended, delays, loss of use, and goodwill. In no event will Seller's aggregate liability to Purchaser, and all third parties, relating to or arising out of any Goods, exceed the purchase price of the Goods. 9. Returns Customers may request to return new and unused standard Products may be returned to Seller for a refund under the following terms: Timing: ● For customers within the continental United States, goods may be returned within thirty (30) days from the date of shipment from Seller’s facility. ● For customers outside of the continental United States, goods may be returned within ninety (90) days from the date of shipment from Seller’s facility. ● To return a Product, the Customer must call or email a return request to our customer care line at (408) 850-9978 (USA) or +44 1428 741756 (International) to request a Return Material Authorization form ("RMA"). The RMA will provide detailed instructions on the return process. Return Products must be shipped securely.
Defective Product:
● Claims of product defects will be reviewed under the warranty outlined in our Standard Terms and Conditions.
Incorrect Shipments:
● If Seller ships the wrong Product, it will provide the customer with a prepaid shipping label. ● If the Product shipped was not the Product ordered by the Customer, the Customer may elect to have the correct Product shipped.
Customizations:
● Items that include customizations, such as special engineering requests or laser engraving, are non-returnable and non- refundable. Please ensure all customizations are correct before placing your order, as these items cannot be altered or canceled once production has begun.
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Mountz - “The Torque Tool Specialists ® ”
January 1, 2024
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