TRV TECH LIMITED WARRANTY
Subject to the limitations set forth herein, TRV TECH, LLC, a Florida limited liability company (“TRV”) warrants to the original end-user purchaser (“Original Purchaser” or “You”) that for one (1) year after the date of purchase, all products offered for sale on its website (the “Goods”) will meet the performance requirements set forth on the label of the Goods. The Goods will comply with the applicable standards that are listed in the user manual provided within the packaging of the Goods as well as with the parameters set forth on the exterior of the packaging.
TRV warrants that, for a period of one (1) year after the date of purchase (the “Limited Warranty Period”), the materials and workmanship of the Goods purchased shall be free from defects, considering environmental conditions and subject to the limitations set forth below.
This limited warranty is conditioned upon the proper use of the Goods in the application for which they are intended [as set forth on the label/written instructions which accompany the Goods]. This limited warranty shall be null and void and shall not apply to any Goods that have, in TRV’s sole discretion based upon the inspection of the Goods by an authorized representative of TRV, been subjected to: (a) misuse; (b) abuse; (c) accident; (d) alteration or modification, unless such alteration or modification is made with a Good furnished by TRV and such modification using the Goods is approved by TRV, or the modification is made with any other product which TRV approves; (d) damage or breakage that is the result of external causes, such as carrier handling, unusual physical stress, cosmetic damage, flood, fire, earthquake, or other natural disaster; (e) unauthorized repair or service by anyone other than TRV or an authorized TRV third-party; (f) damage caused by using the Goods beyond the permitted or intended uses described by TRV or written instructions; (g) normal wear and tear; (h) defects or damage caused by improper testing, operation, maintenance, installation or adjustment; or (i) improper care or maintenance of the Goods (each, a “Disqualifying Event”). Intentionally destroying or damaging the Goods in any capacity will void this limited warranty.
In the event that TRV determines that the Goods are defective during an applicable Limited Warranty Period and not as the result of a Disqualifying Event, TRV shall, at its election: replace, repair, or issue a prorated purchase price credit for such Goods. Any claim under this limited warranty must be delivered to TRV within ten (10) days following the date of delivery or, for latent defects, within ten (10) days following discovery of such defect. Any latent defects discovered after the Limited Warranty Period shall not be replaced, repaired, or prorated the purchase price of the Goods. All returns shall be made to the address provided by TRV upon request and must include (1) proof of purchase, and (2) documentation explaining the claimed defect and all relevant supporting information. Shipping, handling, and repair costs will be borne by TRV if it is determined that the Original Purchaser is not at fault or the defect is the result of the negligence of TRV. The shipping, handling, and repair costs associated with any repair will be borne entirely by the Original Purchaser if in TRV’s sole discretion, the Goods have been misused in any way. TRV will estimate such cost and proceed at the time of return.
This is a limited warranty and is the sole and exclusive warranty for the Goods. This limited warranty is extended only to the Original Purchaser, and to no other person or entity, and is not transferable. If you purchased your Goods from a TRV Authorized Distributor then you qualify as an Original Purchaser. To the maximum extent permitted by law, (i) TRV and its employees, members, officers, representatives, agents, and (ii) its resellers and distributors, disclaim all other warranties, express or implied, regarding the Goods, including without limitation any warranties of merchantability, fitness for a particular purpose, or arising from any course of dealing, course of performance, or usage of trade. This limited warranty shall not be expanded in scope by any statement or comment made by any of TRV’s employees or agents, representation, description, course of dealing, course of performance, usage of trade, or otherwise. Your exclusive and sole remedy for any claim arising out of a Good defect, malfunction, or failure of performance, whether arising in contract, tort, strict liability, or otherwise, shall be the repair or replacement of, or, in TRV’s sole discretion, a refund of the amount of the purchase price paid for the Goods determined by TRV to be defective. TRV shall not be obligated to provide any remedy if you have not notified TRV in writing of such defect during the relevant warranty period. In no event shall TRV’s liability for any claim be greater than the amount of the purchase price paid for the Products. In no event shall TRV be liable for any punitive, exemplary, or consequential damages, anticipated or lost profits, incidental damages, or any other indirect losses, damages, or expenses that arise from any cause relating to the Goods, regardless of the form of the action, whether in tort (including negligence), contract, strict liability, or otherwise, and regardless of whether TRV has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This limited warranty is the sole and exclusive remedy of the Original Purchaser, and no statement, recommendation, or assistance made or offered by TRV or its employees, members, officers, representatives, or agents shall be considered an extension of any warranty or constitute a waiver of any of the provisions of this limited warranty. These terms and conditions relating to this limited warranty shall be governed by and construed in accordance with the laws of the State of Florida.
No TRV supplier, distributor, Original Purchaser, officer, agent, or employee is authorized to make any modification, extension, change or amendment to this limited warranty without the express prior written consent of the Manager of TRV. TRV reserves the right to make improvements or changes to its Goods at any time without incurring any obligation to Original Purchaser, suppliers, distributors, or customers who previously purchased Goods directly or indirectly from TRV.