The warranty provided by Cobo Global HK Limited (“Company”) in this Limited Warranty Statement applies only to the Cobo Vault hardware products that a customer (“Customer”) purchases from Company for Customer’s own use, and not for resale (“Company Products”).
LIMITED WARRANTY. Company warrants that for one year after the shipment date, the Company Products will be free from defects in materials and workmanship under normal use. As Customer’s sole and exclusive remedy and Company’s entire liability for any breach of this limited warranty, Company will at its expense provide Customer with support services and/or replacement Company Products so that the Company Products will then be free from defects in materials and workmanship under normal use. Replacement Company Products may consist of both new and used components or may have been previously installed and is warranted for the unexpired portion of the original warranty period. Customer must return any Company Products in accordance with Company’s then-current Return Material Authorization (RMA) procedure. All Company Products that are replaced become the property of Company. Company will not be responsible for Customer’s or any third party’s software, firmware, information, or data contained in or stored on any Company Products returned to Company, whether under warranty or not.
WARRANTY DISCLAIMERS. THE LIMITED WARRANTIES SET FORTH IN THIS LIMITED WARRANTY STATEMENT ARE IN LIEU OF AND COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS LIMITED WARRANTY STATEMENT.
LIMITATION OF LIABILITY. COMPANY’S TOTAL LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE ACTUAL AMOUNTS PAID TO COMPANY BY CUSTOMER FOR THE COMPANY PRODUCTS GIVING RISE TO THE LIABILITY. IN NO EVENT WILL COMPANY BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR the cost of procuring substitute products OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY COMPANY PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS LIMITED WARRANTY STATEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
This Limited Warranty Statement will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, excluding that body of law known as conflict of laws.