Atrim, whose contact information is available at www.atrim.co, warrants the Atrim branded product sold (hereinafter the “Product”) free from free from material and manufacturing defects. It does so only when the Product (i) is purchased new, (ii) is delivered in new condition, (iii) is delivered in its original packaging, (iv) is purchased and used in the region that the Product was originally exported to and for use in, (v) is purchased from an Atrim-authorised importer and / or reseller (hereinafter the “Reseller”), and (vi) is subject to the proper installation, operation, and maintenance of the Product in accordance with installation instructions, the operating manual, and any and all further documentation made available digitally upon www.atrim.co - be sure to read the Product's support notes, digital materials, and quick start guide fully.
In line with the terms of sales between Atrim and the Reseller, any warranty claims and technical support against the foregoing warranty are the strict responsibility of the Reseller. Subject to the full terms of obtaining service, Atrim's sole obligation upon the submission of a valid claim under this warranty is to provide further information in obtaining warranty services from the Product's Reseller in order that it be repaired or replaced. Should the consumer have warranty claims they are to contact the Reseller from whom the Product was purchased and must do so within thirty (30) days of the manifestation of a problem. The consumer may be called upon to provide the complete standard equipment and documentation to prove their purchase of Product in order to access warranty service. The consumer will be required to provide the complete Product, inclusive of accessories, in the event that any warranty claims result in the need for Reseller to replace the Product. In the event of a Product replacement, Atrim may, at its own discretion, replace the Product with a different device similar in technical characteristics as determined by Atrim.
To obtain warranty services, the consumer may, at Atrim's or Reseller's discretion, be required to prepay shipping and transportation charges for returned device(s) and insure any such the shipment else accept the risk of loss or damage during such shipment and transportation. Any repairs under this warranty must be conducted by an authorised Atrim service representative and under Atrim's Return Merchandise Authorization (“RMA”) policy.
Atrim does not warrant against anything other than a material or manufacturing defect of the Product inclusive of, without limitation, normal wear and tear, damage caused by accident or abuse, failure to properly maintain and / or service the Product, nor any operational issues caused by incompatibilities, physical or otherwise, performance, or misuse. Excluded from the warranty are problems due to accidents, acts of God, civil or military authority, civil disturbance, war, strikes, fires, other catastrophes, misuse, misapplication, storage damage, negligence, electrical power problems, repairs not authorised by Atrim, and / or modification to the Product or its components. Atrim is not responsible for any radio, TV or other forms of interference caused by unauthorised modifications and / or misuse to the Product. Atrim will pass on to its Reseller all manufacturers' material warranties to the extent that they are transferable, but will not independently warrant any material.
Atrim does not authorise any person or party to assume or create for it any other obligation or liability in connection with the device except as set forth herein. Consumers, customers, and users shall indemnify, defend, and hold Atrim and its affiliates, shareholders, directors, officers, employees, contractors, agents, and other representatives harmless from all demands, claims, actions, causes of action, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses (including fees and disbursements of counsel) of every kind including, without limitation, injury or death, damage to property, and data loss whether such incidents are (i) caused by the accidental, negligent or wilful acts or omissions of any party or its officers, employees, subcontractors or agents, and / or (ii) arise from or are related to any actual or alleged infringement or misappropriation of any patent, trademark, mask work, copyright, trade secret or any actual or alleged violation of any other intellectual property rights arising from or in connection with the Product. In no event shall Atrim by liable for any indirect, incidental, punitive, special or consequential damages, or damages for loss of profits, revenue, or use incurred by customer or any third party, whether in an action, in a contract, or tort, or otherwise even if advised of the possibility of such damages. Atrim's liability and the customer's / user's exclusive remedy for any cause of action arising in connection with this agreement or the sale or use of the Product, whether based on negligence, strict liability, breach of warranty, breach of agreement, or equitable principles, is expressly limited to, at Atrim's option, replacement of, or repayment of, the purchase price for that portion of the Product with respect to which damages are claimed. All claims of any kind arising in connection with this agreement or the sale or use of the Product shall be deemed waived unless made in writing within thirty (30) days from Atrim's delivery, or the date fixed for delivery in the event of non-delivery.
The indemnity and warranty in above are exclusive in lieu of all other indemnities or warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose.