VERRAGIO Ltd. ("VERRAGIO") stands behind any of its products that are sold by its authorized retailers. To identify the product of VERRAGIO, each such product must display a VERRAGIO trademark stamped thereon to verify it to be the product of VERRAGIO. Without any such indicator, VERRAGIO shall treat such product as an unauthorized copy of its product, and not provide any warranty therefor. This Warranty is limited to two specific products manufactured by VERRAGIO ("PRODUCT") which was registered at VERRAGIO's website, and for which this Warranty was issued.
VERRAGIO warrants that the PRODUCT shall substantially conform to specifications provided for this product to the authorized dealer selling this product to you. VERRAGIO further warrants that the PRODUCT shall be free of defects in materials and workmanship.
VERRAGIO shall take action under this warranty when the authorized dealer where you purchased the PRODUCT, delivers the PRODUCT to VERRAGIO, and enclose the PRODUCT, proof of purchase, receipt date and the VERRAGIO Warranty card. You agree to insure the PRODUCT, or assume the risk of loss or damage in transit.
LIMITATION OF LIABILITY
This warranty is limited to the repair and/or replacement, at VERRAGIO's discretion, of defective or non-conforming PRODUCT. VERRAGIO shall not be responsible for the failure of the Product to perform specified functions, or any other non- conformance caused by or attributable to: (a) any misuse of the PRODUCT; (b) your neglect of, abuse of, or accident to, the PRODUCT; or (c) ordinary wear and tear of the "PRODUCT". If VERRAGIO determines that the PRODUCT is not under Warranty, it will return the unwarranted piece to you via UPS or FedEx at a charge to you. VERRAGIO will not honor this warranty if VERRAGIO determines that the PRODUCT has been repaired or worked on by any party other than VERRAGIO, or that the product forwarded to VERRAGIO is not manufactured by VERRAGIO.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, VERRAGIO MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCT PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, VERRAGIO AND ITS DEALER SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM, OR ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THE PRODUCT OR INABILITY TO USE THE SAME, EVEN IF VERRAGIO OR ITS DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VERRAGIO OR ITS DEALERS TOTAL LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT.
APPLICABILITY OF LAW AND DISPUTES
You and VERRAGIO agree that the law of the state of New York shall apply to this Warranty. You also agree that any disputes arising out this Warranty shall be subject to an arbitration if requested by you or VERRAGIO, which shall be held in the state of New York, and in the City of New York.
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