EXCLUSIVE LIMITED EXTENDED WARRANTY
EXCLUSIVE LIMITED EXTENDED WARRANTY applicable when a separate extended warranty is purchased at time of product purchase.
Product Warranty Solutions LLC (“PWS Co.”) warrants products and devices made, manufactured, or distributed by Prairie IT, LLC (the “Product or Products”) against defects in manufacturing, material, or workmanship under normal use and service arising during the Warranty Period, subject to the terms and conditions contained in this limited warranty agreement. This limited warranty applies solely to Products manufactured or distributed by Prairie IT, LLC (“Prairie IT”) or purchased from a Prairie IT-authorized dealer and subject to Prairie IT’s quality controls. All “knockoffs,” pirated products, counterfeits or imitations of original Prairie-IT Products are expressly excluded from coverage.
The warranty period of three (3) years begins at the original date of purchase of the Extended Warranty by a customer from a Prairie IT-authorized dealer (the “Warranty Period”).
SOLE AND EXCLUSIVE REMEDY
If a defect in manufacturing, material, or workmanship arises regarding any covered Product and a valid claim is received by PWS Co within seven (7) days of the expiration of the applicable Warranty Period, PWS Co will, in its discretion either: (1) repair the Product using new or refurbished parts; or (2) replace the Product with a new or refurbished Product or one that is substantially the same or similar to the Product customer returned to PWS Co. For purposes of this Limited Warranty, “refurbished” means a product or part that has been substantially returned to its original specifications. Replacement or repaired Products are warranted as above only for the remainder of the original applicable Warranty Period. In the event of a covered Product defect, these are customer’s sole and exclusive remedies. This Warranty is extended only to the original end-use customer and will not be extended to any other person or transferee.
WARRANTY EXCLUSIONS AND LIMITATIONS
Except for the remedies expressly set forth above or to the extent restricted or prohibited by applicable law, the entire risk of Product quality and performance is with the customer, and the customer assumes the entire cost of repair should the Products prove defective following their purchase. In addition to, and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not cover defects resulting from: normal wear and tear or otherwise due to the normal aging of the Product; cosmetic damage, including but not limited to scratches, dents, and broken plastic unless failure has occurred due to a defect in manufacturing, materials, or workmanship; improper or unreasonable use or maintenance; failure to follow operating instructions; accident; excess moisture; damage caused by accident, abuse, misuse, fire, lightning, or other external cause; power surges; connections to improper voltage supply; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures in returning the Product; loss of, damage to, or corruption of stored data; damages caused by use with non-Prairie IT products; Products that require modification or adaptation to enable them to operate in any country other than the country for which they were designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; and products purchased from unauthorized dealers that are not subject to Prairie IT’s quality controls. For customers who are covered by an applicable consumer protection law or regulation in their state, province, or country of purchase or residence, the benefits to customer under this Agreement are in addition to other rights and remedies of customer required under such laws or regulations. Such benefits may include additional warranties or rights relating to the performance of the product and remedies applicable in the event of a defect.
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY WARRANTED ABOVE, EACH PRODUCT HAS BEEN SOLD SOLELY ON AN “AS IS” BASIS. NEITHER PWS Co. NOR PRAIRIE IT MAKES ANY OTHER WARRANTIES NOT EXPRESSLY STATED ABOVE OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PWS Co SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. If such disclaimer of any implied warranty is not permitted by law, the duration of such implied warranty is limited to the duration of the warranty period applicable to the product as set forth above. Some states, provinces, and countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to customer. If applicable law specifies a minimum warranty period that is longer than the applicable warranty period set forth in this limited warranty, then the applicable warranty period for products subject to such applicable law will be conformed to the minimum period so required. This Agreement provides customer specific legal rights and customer may also have other rights which vary by state, province, and country.
IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL PWS CO., PRAIRIE IT, OR THEIR DISTRIBUTORS OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF USE OR VALUE OF THE PRODUCT, OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR IN CONNECTION WITH THE PRODUCT, EVEN IF PWS Co./IT PRAIRIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH OCCURENCE. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER PWS Co. NOR PRAIRIE IT SHALL BE LIABLE FOR ANY DAMAGE OR DESTRUCTION TO CUSTOMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE DIRECTLY OR INDIRECTLY CONNECTED TO, PAIRED WITH, OR OTHERWISE LINKED TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, LAPTOPS, CELLULAR PHONES, SMARTPHONES, OR OTHER HANDHELD DEVICES, OR ANY LOSS OF OR DAMAGE TO PICTURES, MEDIA, OR ANY OTHER DATA CONTAINED IN OR TRANSMITTED TO OR AMONG THE FOREGOING DEVICES. NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF PWS CO./PRAIRIE IT AND ANY OF THEIR RESPECTIVE DISTRIBUTORS AND/OR SUPPLIERS SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SUCH PRODUCT. Some states, provinces or countries may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to customer. The limitations of liability set forth above will apply to the maximum extent permitted under applicable law.
This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado. In the event of any dispute in connection with this Agreement, the aggrieved party agrees to provide timely written notice to the other party. Such written notice shall provide 21 days’ notice demanding resolution of the issues related to the dispute. If no such resolution is reached within 21 days’ notice, the parties shall submit the dispute to mediation conducted in accordance with the Consumer Arbitration Rules under the American Arbitration Association. If mediation is unsuccessful, the parties agree that jurisdiction and venue shall be exclusively in the courts of Larimer County, Colorado, USA. In the event suit is brought, the prevailing party shall be entitled to recovery of attorneys’ fees, court costs, and other related expenses incurred in connection therewith. If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term of this Agreement nor shall such decision render the remainder of this Agreement unenforceable. This Agreement contains the entire agreement and understanding of the Parties, and no other agreement or understanding except as expressly contained herein shall be binding upon the Parties. No modifications of this Agreement shall be binding unless agreed to in writing and signed by the Parties.
WARRANTY CLAIM PROCESS
To submit a warranty claim, follow the instructions of the warranty replacement card provided with Product at the time of your purchaser. Any warranty claims must be received no later than seven (7) calendar days after the expiration of the applicable Warranty Period. We may ask you to send us a photograph of your Product to validate the claim and, in some cases, require you to return the product to PWS Co. for inspection and verification. PWS Co. reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.
This warranty agreement was last updated May ____, 2020.