Warranty Policy

 

 A. Limited Warranty Statement 

 1. Powerenz, Inc. (“Powerenz”) warrants to the end-user customer, who provides adequate proof of purchase that Powerenz’s products purchased from Powerenz will be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase. This warranty applies only to the original end-user purchaser and is non-transferable. Conditions and limitations of Powerenz’s warranty are stated below.

2. Powerenz’s limited warranty covers only those defects which arise as a result of normal use of the product, defective parts and/or labor, and does not apply to any: a. improper or inadequate maintenance; b. product of a special or custom-made nature;  c. unauthorized modification or misuse; d. improper installation, misapplication or negligence; e. other causes that do not relate to a product defect; f. defects or damage suffered as a result of force majeure (including theft); g. defects or damage suffered as a result of normal wear and tear; and/or h. stolen goods. 

3. If Powerenz receives, during the applicable warranty period, notice of a defect in a warranted Powerenz product, Powerenz shall at its sole option, either repair or replace the product, and shall return the repaired product or a replacement product within a reasonable time.

 

4. This warranty is valid in any country where Powerenz products are distributed by Powerenz or its authorized dealers.

 

5. The warranty as stated herein shall only apply to products directly manufactured by Powerenz.  No warranty shall be provided by Powerenz for products manufactured by any other company or entity.

 

B. Limitations of Warranty

 

 

1. NEITHER POWERENZ NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO POWERENZ’S PRODUCTS. POWERENZ SPECIFICALLY DISCLAIMS (and the customer, by accepting the POWERENZ product, specifically accepts such disclaimer and waives) ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR INTENDED PURPOSE OR USE AND THE WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO THE PRODUCT. POWERENZ FURTHER DISCLAIMS ANY WARRANTY THAT POWERENZ PRODUCTS, IN WHOLE OR IN PART, WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. 

2. The remedies provided in this Limited Warranty Statement are the customer’s sole and exclusive remedies.

3. Customer shall be responsible for all applicable taxes, duties and customs fees on any replacement unit, as well as all transport, insurance, storage and other charges incurred on all returned products.

4. Powerenz, Inc. (“Powerenz”) disclaims any warranty and expressly disclaims any liability for personal injury or damages. The Buyer acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement and the Buyer agrees to indemnify Powerenz and to hold Powerenz harmless from any claim related to the item of the equipment purchased. Under no circumstances will Powerenz be liable for any damages or expenses by reason of use or sale of any such equipment.

5. Powerenz assumes no liability regarding the improper installation or misapplication of its products. It is the installer's responsibility to check for proper installation and if in doubt, contact the manufacturer. 

 

C. Limitations of Liability

 

1. EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY STATEMENT, IN NO EVENT SHALL POWERENZ BE LIABLE FOR: a. any direct, indirect, special, incidental, consequential, foreseeable or unforeseeable, or punitive damages, whether based on contract, tort, delict or any other legal theory and whether advised of the possibility of such damages; and/or b. damages arising from the loss of use, production revenue and/or profit of in connection with the Powerenz product or any business interruption. 

2. The remedies provided in this Limited Warranty Statement are the customer’s sole and exclusive remedies.

3. Customer shall be responsible for all applicable taxes, duties and customs fees on any replacement unit, as well as all transport, insurance, storage and other charges incurred on all returned products.

 

D. Terms and Conditions

 

1. Risk of Loss.  Powerenz shall not be responsible for loss or damage to property, material, or equipment belonging to Customer, its agents, employees, suppliers, or anyone directly or indirectly employed by Customer while said material property, or equipment is in Customer’s care, custody, control, or under Customer’s physical control.  Customer and its insurers waive all rights of subrogation against Powerenz for such losses.

2. Remedies Cumulative No Waiver; Severability.  All remedies are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy.

3. Entire Agreement.  This instrument constitutes the entire agreement between Powerenz and Customer; and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto. 

4. Governing Law.  This Warranty and all the rights and liabilities of the parties hereto shall be governed by and construed in accordance with the laws of the State of Georgia .

5. Headings. The headings as to the contents of particular paragraphs of this Warranty are inserted for convenience and reference only and shall not be construed as a part of this Warranty nor be considered in construing the terms hereof. 

6. Construction.  In the event any parts of this Warranty are found to be void, the remaining provisions of this Warranty shall be binding with the same effect as if the void parts were not included.