Page 18 Warranty and Other Product Information
Products or parts shipped by Customer to Palm, Inc. must be sent prepaid and
packaged appropriately for safe shipment, and it is recommended that they be insured
or sent by a method that provides for tracking of the package. When an advance
exchange is provided and Customer fails to return the original product or part to Palm,
Inc. within thirty (30) days from the date the warranty service authorization is issued,
Palm, Inc. will charge Customer the then-current published catalogue price of such
product or part.
WARRANTIES EXCLUSIVE:
IF THIS PRODUCT DOES NOT OPERATE AS
WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH OF THAT
WARRANTY SHALL BE REPLACEMENT OR REPAIR OF THE PRODUCT OR PART
OR REFUND OF THE PURCHASE PRICE PAID, AT PALM, INC.’S OPTION. TO THE
FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND
REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES,
TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES,
TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION,
AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
PALM, INC. NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO
ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
PALM, INC. SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING
AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR
MALFUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY
CUSTOMER’S OR ANY THIRD PERSON’S MISUSE, NEGLECT, IMPROPER
INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO OPEN, REPAIR,
OR MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF
THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, POWER CUTS OR
OUTAGES, OTHER HAZARDS, OR ACTS OF GOD. THIS WARRANTY DOES NOT
COVER PHYSICAL DAMAGE TO THE SURFACE OF THE PRODUCT, INCLUDING
CRACKS OR SCRATCHES ON THE LCD TOUCHSCREEN OR OUTSIDE CASING.
THIS WARRANTY DOES NOT APPLY WHEN THE MALFUNCTION RESULTS
FROM THE USE OF THIS PRODUCT IN CONJUNCTION WITH ACCESSORIES,
OTHER PRODUCTS, OR ANCILLARY OR PERIPHERAL EQUIPMENT AND PALM,
INC. DETERMINES THAT THERE IS NO FAULT WITH THE PRODUCT ITSELF. THIS
WARRANTY DOES NOT APPLY TO ANY MALFUNCTION OR FAILURE OF THE
PRODUCT OR PART DUE TO ANY COMMUNICATION SERVICE CUSTOMER MAY
SUBSCRIBE TO FOR USE WITH THE PRODUCT.
LIMITATION OF LIABILITY:
TO THE FULL EXTENT ALLOWED BY LAW, PALM,
INC. ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY,
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES
OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS
OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR
IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF
PALM, INC. OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO
REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT PALM,
INC.’S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE