This Hardware Warranty and Disclaimer (the “Warranty”) represents the sole warranty terms between Pert Infoconsulting Pvt ltd. (“Pert”) and you pertaining to your purchase of the enclosed Pert Controller device (hereinafter, the “Hardware”) with which this Warranty is included. Any applicable warranties or disclaimers related to any other Pert service or offering, including those services related to the use of Hardware, are found in the Terms of Service related to that particular service or offering. You should only use the Hardware in accordance with the recommendations and specifications in the Pert Controller User Guide and Technical Specifications (the “Specifications”) available at support.Pert.me
Pert warrants only that the Hardware will be free from defects in material and workmanship for one (1) year (the “Limited Warranty”). Your sole remedy for breach of the Limited Warranty is the return of the allegedly defective Hardware to Pert at your sole expense, in accordance with instructions provided by Pert at support.Pert.me You must contact Pert support before returning any allegedly defective Hardware. If such Hardware is found by Pert to be defective, Pert, at Pert’s sole option, will repair or replace the Hardware with a functionally similar Pert device within thirty (30) business days of Pert’s receipt thereof or, if Pert determines that it is unable to repair or replace the Hardware, Pert will refund you the purchase price you paid for the defective Hardware. You may be required to furnish proof of purchase details when making a claim under this warranty.
Notwithstanding the foregoing, no warranty, expressed or implied, will extend to any Hardware (i) where identification labels on the Hardware have been removed or altered, (ii) where the purchase price was waived, (iii) that has been subjected to misuse, neglect, accident, improper storage or installation, or other use not in conformance with the Specifications, or (iv) that has been repaired, modified, or altered by anyone other than Pert. In addition to the foregoing, no warranty, expressed or implied, will cover problems that result from (i) disasters including fire, water, or other acts of nature, (ii) electrical conditions such as those caused by lightning strikes, power fluctuations, electrical surges or outages, or any other such condition that may affect the electricity source; (iii) loss or damage in transit; (iv) failure caused by a product for which Pert is not responsible; (v) normal wear and tear; (vi) a failure to follow the Specifications; or (vii) any other cause which does not relate to a Hardware defect. You hereby acknowledge and agree that you have not relied on any representations or warranties other than those expressly set forth herein.
Pert expressly disclaims, and you accept all responsibility for, any damages or costs arising from your installation, use, and removal of the Hardware. Such potential damages include, but are not limited to, damage to the premises where the Hardware is installed, including damage to any finish, paint, or other surface; any damages caused by use of the Hardware outside; and any fees charged by any third parties due to your installation or removal of the Hardware on leased or rented premises.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE HARDWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO PERT HARDWARE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLIENT ENJOYMENT, ACCURACY, QUALITY, TITLE, OR INFRINGEMENT. PERT DOES NOT WARRANT THAT THE HARDWARE IS ERROR-FREE OR THAT OPERATION OF SUCH HARDWARE WILL BE SECURE OR UNINTERRUPTED. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. THE PREVIOUS LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY.
LIMITATION OF LIABILITY. IN NO EVENT SHALL PERT, ITS AFFILIATES, SUBSIDIARIES, AUTHORIZED RESELLERS, AND THEIR SUPPLIERS BE LIABLE IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER THEORY OF LIABILITY, OR OTHERWISE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, DAMAGE OR DESTRUCTION OF DATA, OR OTHER BUSINESS LOSS, EVEN IF PERT HAS BEEN ADVISED OF SAME.
IN NO EVENT WILL PERT’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OR RELATED TO THE HARDWARE, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY, EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR PERT HARDWARE THAT IS THE SUBJECT OF THE CLAIM.
THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF REMEDIES SET FORTH HEREIN ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
NON-TRANSFERABLE. The Warranty is provided to you only and is not transferable to any third party.
GOVERNING LAW; VENUE. This Warranty is governed by the laws of the State of Telangana in India
ENTIRE AGREEMENT; SEVERABILITY. This Warranty constitutes the sole and exclusive agreement between the parties regarding the Hardware. If any provision of this Warranty is held invalid or unenforceable, the remainder of this Warranty will continue in full force and effect.
REVISIONS. Pert reserves the right to change the terms of this Warranty at any time without notice. Any changes to this Warranty shall apply only to new products or Hardware purchased after such changes take effect and are made available to you.