Common use of Conditions of Warranties Clause in Contracts

Conditions of Warranties. It is a condition of these warranties that: (1) Purchaser must obtain an RMA by submitting all claims of defect within the specified warranty periods, in writing and with detail to xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx/xxxxxxxx; (2) return of Product is accompanied with a bill of sale or other evidence showing the date of purchase and identification of the original Purchaser; (3) Purchaser will prepay all freight, insurance and other transportation charges both to send Product to StarTek for warranty-coverage verification, repair or replacement, and to return Product to the Purchaser; and (4) StarTek retains all replaced parts and Products. Warranty Limitations All replacement Products are warranted for the time remaining in the original warranty period of the Product replaced. Replacement Products will be equivalent in function, but not necessarily identical to the replaced Product. Repair, replacement or refund as set forth in this Warranty is the sole and exclusive remedy under this Warranty or otherwise for Product defects. STARTEK DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED BY AFFIRMATION, PROMISE, DESCRIPTION, MODEL, SAMPLE OR OTHERWISE, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. Damage Limitations STARTEK IS NOT LIABLE FOR, AND HEREBY DISCLAIMS, ALL DAMAGES CAUSED BY ANY PRODUCT OR THE FAILURE OF A PRODUCT TO PERFORM, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR SAVINGS, UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) OR CONTRACT, SUSTAINED BY PURCHASER OR BY ANY OTHER PERSON. THIS LIMITATION CANNOT BE WAIVED OR AMENDED BY ANY PERSON AND WILL BE EFFECTIVE EVEN IF STARTEK OR ITS REPRESENTATIVE HAS BEEN ADVISED OF, OR MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO DAMAGES RELATING TO PERSONAL INJURY OR DEATH IN JURISDICTIONS WHERE SUCH DAMAGES MAY NOT BE DISCLAIMED AS A MATTER OF LAW.