Diamond Kinetics, Inc. of 700 River Avenue, Pittsburgh, PA 15212, (“Diamond Kinetics”) or the (“Company”) provides a limited consumer hardware warranty to the original consumer user (the “Customer”) of the Diamond Kinetics product. This limited warranty is non-transferable and does not extend to product used in any manner other than by an individual consumer, all other warranties are excluded as provided below.
Subject to the exclusions, limitations, and conditions stated below, Diamond Kinetics warrants that the SwingTracker product will be free from defects in workmanship and materials, under normal consumer use, for a period of twelve (12) months from the original purchase date.
LIMITATIONS AND EXCLUSIONS:
This warranty excludes (1) normal wear and tear; (2) damage caused by misuse, neglect, improper installation or testing, unauthorized attempts to modify the product, attempted servicing by anyone other than an authorized service representative of Diamond Kinetics or any other cause beyond the range of the intended use; (3) damage caused by accident, fire, water or liquids, power changes, other hazards, or acts of God; (4) use of the product with any non-SwingTracker device, component, such as chargers or connection cables, or service if such device, component or service causes the problem; (5) use of this product for any rental purpose; or (6) software installed on or with this SwingTracker product. Any third-party products, including software included with this SwingTracker product, are not covered by this Consumer Limited Warranty, and the Company makes no representations or warranties on behalf of such third parties. Any warranty on such third party products is from the supplier or licensor of the third-party product.
Important: Do not open the SwingTracker device. Opening the SwingTracker device may cause damage that is not covered by this warranty. Only Diamond Kinetics or an authorized Diamond Kinetics service center should perform service on this SwingTracker product. Opening the SwingTracker device case shall void this warranty.
EXCLUSIVE REMEDIES AND PROCEDURE:
Diamond Kinetics’s total obligation under this warranty shall be, at Diamond Kinetics’s sole discretion, to repair or replace the product or part with a comparable product or part, or if neither repair nor replacement is reasonably available, Diamond Kinetics may refund to Customer the purchase price paid for the product or part. Replacement products or parts may be new or reconditioned. Parts removed by Diamond Kinetics shall become the sole property of Diamond Kinetics.
To obtain warranty service for SwingTracker products, the Customer must contact the applicable Diamond Kinetics customer service center for a return authorization code, and return the unit shipping prepaid, with proof of the date of original purchase and return authorization code. Shipping labels must contain the return authorization code. ANY shipments sent for warranty service WITHOUT the appropriate return authorization code will be refused and returned to Customer at Customer’s expense. Diamond Kinetics will not be responsible for any loss or damage to the product incurred while the product is in transit from Customer for repairs. Customer should, as a precaution, purchase adequate insurance for the unit while it is in transit.
Diamond Kinetics’ repair or replacement of defective parts does not extend the term of this Limited Warranty, which shall expire upon the expiration of the applicable Consumer Limited Warranty period from the date of original purchase.
No oral or written information or advice given by Diamond Kinetics or its dealers, distributors, employees or agents shall in any way extend, modify or add to this Limited Warranty.
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL DIAMOND KINETICS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
EVEN IF DIAMOND KINETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DIAMOND KINETICS’S ENTIRE LIABILITY SHALL BE LIMITED TO COSTS OF REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT THE SOLE OPTION OF THE COMPANY.
Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty may give you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another.
This Consumer Limited Warranty shall be governed by the laws of the Commonwealth of Pennsylvania, U.S.A., and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.
Warning: Changes or modifications to this unit not expressly approved by the party responsible for compliance could void the user authority to operate the equipment.