Warranty

Comtrol Corporation makes no representations or warranties, express or implied, except as provided below. Comtrol warrants to the Customer that: a) its hardware product is free of defect in design, materials and workmanship under normal use for the period of five† (5) years from the date of purchase b) its firmware and software product is warranted for a period of one (1) year from the date of purchase or, with respect to the software, as set out separately in the respective End User Software License Agreement for use with the product and required to be agreed to before installation (in which case the language of the EULA is controlling and supersedes the language below). Comtrol warrants that its product under normal use will perform substantially in accordance with the documentation without significant errors that make it unusable. Comtrol, at its option, will repair or replace, at the business location of Comtrol, each product that is determined by Comtrol to be defective or non-conforming. This warranty shall not apply to any part of the product, which in the judgment of Comtrol, has been subjected to misuse, negligence, alteration, accident, improper maintenance, or damage by excessive physical or electrical stress. Adjustment of the product, where warning labels and operation manuals warn against such adjustments, will void this warranty. This warranty is void if the serial number of the Comtrol product has been defaced, altered, or removed, or if the product has been modified. This warranty does not apply to expendable components such as fuses or bulbs. Repair and replacement parts will be furnished on an exchange basis and may be either reconditioned or new. All replaced parts or products become the property of Comtrol. At the option of Comtrol, the sole remedy for breach of warranty shall be repair or replacement of the defective product, software workarounds, or refund. Comtrol does not warrant that the functions contained in the programs will meet requirements of the Customer or that the operation of the programs will be uninterrupted or error free. The Customer assumes the responsibility for the selection of the programs and hardware to achieve its intended results and for the installation, use, and results obtained from the programs.

Note † RocketModem models, 99430-5 and 99431-2, have a two year warranty.

Independent of the warranty or any other agreement between the Customer and Comtrol, regardless of the basis for any claim, including negligence and strict liability or other tort, in no event will Comtrol or anyone else who has been involved in the creation, production, or delivery of Comtrol products be liable for any damages in excess of the purchase price, whether lost profits, savings or data, or other direct, indirect, consequential, punitive, or incidental damages, even if Comtrol or an authorized dealer has been advised of the possibility of such damages, or for any claim by any other party. This warranty gives the Customer specific legal rights and the Customer may also have other rights that vary from state to state (U.S.) or in the Customer’s home country. Comtrol Corporation's maximum liability shall be limited to refund of the purchase price. Some consumer laws may not allow the limitation or exclusion of incidental or consequential damages for consumer products, so the above limitations or exclusions may not apply to the Customer. The price of the materials and programs reflects this allocation of risk. This warranty shall not apply to the extent any provision is prohibited by applicable law that cannot be preempted.