PinAcle warrants that the products delivered hereunder (the “Product(s)”) shall be free from defects in material or workmanship under normal use (the “Defects” and Products with such defects, the “Defective Products”) for a period of one (1) year after the date of delivery (the “Warranty Period”). This limited warranty extends only to the original user of the Product(s). Purchaser shall seek PinAcle’s authorization prior to returning any Product claimed to be defective to PinAcle or any of its sales representatives and, within the Warranty Period, at Purchaser’s sole costs. In the event PinAcle determines that the Product(s) returned for warranty correction are not Defective Products, Purchaser shall be responsible for all handling and transportation costs incurred by PinAcle to return such Product(s) back to the Purchaser. Purchaser’s sole and exclusive remedy and the entire liability of PinAcle under this limited warranty will be, at PinAcle’s sole discretion, to either repair or replace such Defective Product(s), provided Purchaser has promptly reported the defective nature of the Product(s) to PinAcle in writing within the Warranty Period and PinAcle has, upon inspection, confirmed the defective nature of such Product(s). This stated express limited warranty is in lieu of all liabilities or obligations of PinAcle for damages arising out of or in connection with the delivery, use or performance of the products. For greater certainty, the warranty does not cover accidents, misuse, neglect, unauthorized product modification, or acts of nature.

 

THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PINACLE. PINACLE MAKES AND PURCHASER RECEIVES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR THE PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS, OR ANY LEGAL WARRANTY UNDER THE PROVINCIAL CIVIL CODE IN EFFECT AT THE TIME & PLACE OF PURCHASE AND PINACLE EXPRESSLY DISCLAIMS THE SAME.

 

In no event shall PinAcle be liable for any consequential, exemplary or incidental damages, direct or indirect, including but not limited to, loss of use, revenue or profit arising in connection with the Product(s), even if PinAcle has been advised of the possibility of such damages.