The following limited warranty statement supersedes any previously written warranty statement: the limited warranty statement set forth below is provided in lieu of all other warranties and RapidX hereby disclaims all other warranties of any kind, whether express, implied or statutory.
RapidX warrants to you, the original retail purchaser ("Consumer"), that this product ("Product") will under normal use operate substantially in accordance with the accompanying documentation for a period of two (2) years from date of original purchase. Consumer's sole and exclusive remedy, and RapidX’s sole and exclusive responsibility under this warranty will be, at RapidX’s option, either to repair or replace the defective Product during the two (2) years limited warranty period so that it performs substantially in accordance with the accompanying documentation on the date of your initial purchase. Any replacement may be, at the option of RapidX, a new or remanufactured Product. If RapidX, in its sole discretion, determines it is not reasonable to replace the defective Product, RapidX may refund to Consumer the purchase price paid for the Product.
1. The forgoing warranty is limited and is not applicable to: (i) normal wear and tear of material, PVC or fabric; (ii) natural variation in fabrics or figure or the presence of character marks; (iii) defects or damage caused by misuse, accident (including without limitation collision, fire and the spillage of food or liquid), excessive soiling & improper cleaning or treatment , neglect, abuse, alteration, unusual stress, modification; (iv) cosmetic damages, such as scratches, nicks and dents; improper or unauthorized repair or installation, wiring, or testing, improper storage, or damaged caused by transportation; (v) Changes in surface finishes, including colorfastness, due to aging or exposure to light; (vi) improper or unauthorized repair or installation, wiring, or testing, improper storage, or damaged caused by transportation and use not in accordance with the published instructions and documentation; (vii) Removal of any manufacturer label(s) or sticker(s). ANY MISUSE, ABUSE, OR MODIFICATION TO THE ORIGINAL PRODUCT VOIDS THE WARRANTY, RAPIDX DOES NOT WARRANT THE PERFORMANCE OF THE PRODUCT WHEN USED IN COMBINATION WITH OTHER THAN ORIGINAL RAPIDX PRODUCT.
2. For any product purchased Within the first 30 days, Consumer needs to return product to dealer or retailer for a replacement. If the product is still within warranty and you can no longer return it to your dealer and for any Product purchased after the 30 days of purchase that is subject to the foregoing warranty, Consumer must contact RapidX to obtain a Return Material Authorization ("RMA") and return the defective Product together with proof of purchase to the address specified by RapidX in connection with the RMA. Consumer shall bear the cost of shipping the Product to RapidX and RapidX shall bear the cost of shipping the Product back to the Consumer after the completion of service under this limited warranty. RAPIDX reserves the rights to ship according to what it deems the most efficient standard method of shipping. Any Product returned to RapidX without an RMA or without proof of purchase will be returned to Consumer at Consumer's cost. Packaging material must be returned in the condition received. RapidX PAYs RETURN SHIPPING ONLY TO THE CONTINENAL UNITED STATES. Due to the immense expense, customers in Canada, Alaska, Hawaii and others outside the lower 48 states must pay the full cost of return shipping.
3. The limited warranty extends only to Consumer and is not assignable or transferable to any subsequent purchaser or user. THE LIMITED WARRANTY SET FORTH ABOVE IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES AND RAPIDX HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUALITY AND TITLE. To the extent RapidX may not, as a matter of applicable law, disclaim certain implied warranties, the duration of any such implied warranty shall be limited to the shorter of the two (2) year limited warranty period or the minimum time period permitted under such law. Some states do not allow limitations on the duration of implied warranties, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
4. IN NO EVENT WILL RapidX BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED, CLAIMS OF ANY THIRD PARTIES, OR ANY OTHER DAMAGES ARISING FROM RapidX’s BREACH OF THIS LIMITED WARRANTY OR THE USE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF RapidX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RapidX’s TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY CONSUMER FOR THE PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.