Crystal Water Monitor Warranty Info
LIMITED WARRANTY FOR GENERAL GALACTIC CRYSTAL WATER MONITOR DEVICES
General Galactic Systems, Inc. (“General Galactic”) warrants to the original purchaser (“you” or “your”) that your General Galactic Crystal Water Monitor device (the “Device”) will operate in accordance with General Galactic’s applicable documentation under normal use in all material respects for a period of one (1) year from the date of original purchase (the “Warranty Period”). If a defect arises during the Warranty Period, your sole and exclusive remedy and General Galactic’s sole and exclusive obligation to you, at its option will be to either (1) repair the defective Device at no charge using new parts or parts that are equivalent to new in performance and reliability should the hardware revision allow for such repair, or (2) replace the defective Device. This Limited Warranty is valid only in the jurisdictions where the applicable Device is sold by General Galactic itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any Device that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the remaining Warranty Period.
This Limited Warranty applies only to the original purchaser of the Device that was purchased from an authorized retailer or sales channel and manufactured by or for General Galactic and can be identified by an authorized “Crystal Water Monitor” trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Limited Warranty does not apply to any (a) General Galactic products and services other than the Devices, (b) non-General Galactic hardware products, including without limitation any knock off or counterfeit version of a Device, (c) Devices that are, or General Galactic reasonably believes to be, stolen, or (d) Devices with unsupported hardware revisions.
This Limited Warranty does not apply to a Device or part of any Device that has been altered or modified (e.g. to alter functionality or capability) by anyone who is not a representative of General Galactic. In addition, the Limited Warranty does not cover damage to Devices (or any part thereof) due to normal wear and tear in the ordinary course of use or any problems caused by your or a third party’s negligence, abuse or misapplication, other external causes (including, without limitation, third party hardware or software, accident, abuse, misuse, problems with electrical power, servicing or modifications not authorized by General Galactic), or usage not in accordance with these terms or any other documentation provided by General Galactic. For example (but without limiting the foregoing exclusions), this Limited Warranty does not cover damage or problems arising from any use of a Device or any of its components outside of the recommended environment or the appropriate temperature ranges for such component as specified in the applicable documentation or as instructed by the Device (e.g., the sensor component of the Device is only intended to be operate in water between 0 to 50 degrees Celsius (32 to 122 degrees Fahrenheit), and the monitor component of the Device is only intended to operate out of water between -20 to 60 degrees Celsius (-4 to 140 degrees Fahrenheit)). If the temperature of the Device or any component exceeds the appropriate temperature range, you should follow the instructions on the Device or take other reasonable actions to bring the temperature for such component back to within the appropriate operational range. Failure to promptly do so may damage the Device and invalidate the Limited Warranty for your Device. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
To obtain warranty service, please contact General Galactic at email@example.com. Proof of purchase may be required to verify eligibility. General Galactic may restrict warranty service for Devices to the country where General Galactic or its authorized distributors originally sold the applicable Device. No Device reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE USE OF GENERAL GALACTIC DEVICES IS AT YOUR SOLE RISK. THE GENERAL GALACTIC DEVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE, GENERAL GALACTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. IF GENERAL GALACTIC CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, GENERAL GALACTIC ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE.
GENERAL GALACTIC MAKES NO WARRANTY THAT (I) THE GENERAL GALACTIC DEVICES WILL MEET YOUR REQUIREMENTS, (II) THE GENERAL GALACTIC DEVICES’ OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF THE GENERAL GALACTIC DEVICES WILL MEET YOUR EXPECTATIONS.
IT IS UNDERSTOOD THAT YOU ARE VOLUNTARILY USING THE GENERAL GALACTIC DEVICES WITH FULL KNOWLEDGE THAT THERE ARE INHERENT RISKS IN USING THEM AND YOU ASSUME AND ACCEPT ANY AND ALL RISKS THAT MAY BE ASSOCIATED WITH USE OF THE GENERAL GALACTIC DEVICES, INCLUDING BUT NOT LIMITED TO THE RISK OF PROPERTY DAMAGE OR LOSS, AND/OR SERIOUS INJURY (INCLUDING ELECTRIC SHOCK OR DEATH).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENERAL GALACTIC WILL NOT BE LIABLE OR OBLIGATED FOR ANY MATTER RELATING TO THE DEVICES OR THIS LIMITED WARRANTY, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE OR DATA, COST OR PROCUREMENT OF SUBSTITUTE GOOD OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF GENERAL GALACTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR (B) ANY AMOUNTS IN THE AGGREGATE IN EXCESS OF THE AMOUNT YOU HAVE PAID GENERAL GALACTIC IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM AROSE, OR, IF GREATER, FIVE HUNDRED DOLLARS ($500).
IF YOU ARE DISSATISFIED WITH THE GENERAL GALACTIC DEVICES OR ANY PORTION OF THE SERVICES PROVIDED IN CONNECTION THEREWITH OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE GENERAL GALACTIC DEVICES.
SOME JURISDICTIONS HAVE OTHER LEGAL REQUIREMENTS AND, FOR EXAMPLE, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
RELEASE AND INDEMNITY
To the extent permitted under applicable law, you hereby agree to hold harmless and indemnify and defend General Galactic and its officers, directors, employees and agents from and against any and all liabilities, losses, damages, demands, claims, suits, actions, judgments, causes of action, assessments, costs and expenses, including, without limitation, interests, penalties, attorneys' fees, any and all expenses incurred in investigating, preparing and defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation, asserted against, imposed upon, or incurred or suffered by any of them, directly or indirectly, as a result of, or arising out of your use of the Devices, except to the extent covered by this limited warranty or otherwise arising from General Galactic’s negligence or willful misconduct.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
This Limited Warranty shall be governed by the laws of the State of California, USA, without giving effect to any conflict of laws and principles that may provide the application of the law of another jurisdiction. Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty.
YOUR USE OF THE GENERAL GALACTIC DEVICES IS SUBJECT TO ADDITIONAL TERMS AVAILABLE BELOW, WHICH MAY BE UPDATED FROM TIME TO TIME.