WARRANTY, DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES
United Tactical Systems, LLC (UTS) warrants, solely to the end user, law enforcement agencies, private security firms, or private or public corrections agencies, that the product is delivered free from defects in materials and workmanship for a period of one (1) year from the original date of purchase.
Within the one-year warranty period, UTS’s liability and the buyer’s sole and exclusive remedy hereunder for all claims shall be limited to a refund or credit to buyer of the purchase price, or replacement of this product, at UTS’s option, provided that the non-conforming product is (1) returned during the warranty period and (2) properly packaged and shipped to UTS’s designated facility in accordance with UTS’s Return Merchandise Authorization (RMA) Policy.
THE REMEDY SET FORTH ABOVE SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY.
Products which have been improperly handled, stored or shipped, or which have been subject to abuse, misuse, alteration and/or neglect are not covered by the warranty. Aftermarket products and the use of non-authorized projectiles are strictly prohibited by UTS and any indication of their installation or use shall void all warranties.
DISCLAIMER OF WARRANTY: Except for the express limited warranty set forth above, UTS makes no warranties or representations of any kind, whether express or implied, with respect to the product, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third-party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. There are no warranties which extend beyond the description of the face hereof. Buyer shall make no warranty or representation regarding the products that is inconsistent with the warranty set forth above. UTS shall not be liable for any injury, loss, or damage, direct or consequential, arising out of the use or the inability to use this product.
Before Use: the user shall determine the suitability of the product and be fully trained for its intended use, and user assumes all risks and liability whatsoever in connection therein. In no event shall UTS be liable or obligated to buyer or to any third party in any manner for any (a) special, non-compensatory, consequential, indirect, incidental, statutory, or punitive damages of any kind, including, without limitation, lost profits and/or lost revenue, regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if informed of or aware of the possibility of any such damages in advance, (b) in an amount greater than the amounts paid to UTS by buyer for the products, or (c) damage or injury caused by the products, unless due to the gross negligence or willful misconduct of UTS. The limitations set forth above shall be deemed to apply to the maximum extent permitted by applicable law and notwithstanding the failure of the essential purpose of any limited remedies. The parties acknowledge and agree that they have fully considered the foregoing allocation of risk and find it reasonable, and that the foregoing limitations are an essential basis of the bargain between the parties.