LIFETIME LIMITED WARRANTY AND DISCLAIMER
XpresspaX recommends that the Customer test their Case usage application for fitness of use.
XpresspaX, Inc. (“XpresspaX”) warrants that the XPRESSPAX case (the "Case") will be free from defects in material and workmanship for the life of the Case, subject to the terms and conditions of this Limited Warranty and Disclaimer (the “Warranty”).
1. Returns The customer must contact XpresspaX in the event he or she believes the Case is defective and covered by this Warranty in order to open a warranty claim. Call XpresspaX at 1-508-625-1582 between 9:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday to speak with a customer service representative. In some instances, it may be determined that parts can be easily installed by the customer and XpresspaX reserves the right to ship replacement parts directly to the customer for installation. Otherwise, the customer must pay for shipping the Case to XpresspaX at it’s address, for inspection. If the Case is defective, as determined solely by XpresspaX after an inspection, the shipping costs will be refunded if proof of shipping is provided. No refunds of shipping costs will be made if the Case is not defective.
2. Repair or Replacement XpresspaX’s obligation under this Warranty is limited, at its sole and exclusive option, to either the repair or replacement of the Case where a defect has been claimed and is determined by XpresspaX to be present. Upon inspection by XpresspaX, the Case or parts thereof that prove to be defective will be repaired or replaced at no charge, and the Case will be shipped back to the customer by XpresspaX.
3. Limitation of Warranty The Warranty herein applies only to the original customer and is conditional upon the customer giving prompt notice to XpresspaX of any discovered defects. This Warranty is not transferable. XpresspaX shall not be responsible for any other defects or damage, including, but not limited to, any defects or damage caused by or resulting from: (a) alterations to the Case by anyone other than XpresspaX; (b) accident; (c) damage due to an intentional or negligent act of a third party; (d) abuse or negligence; (e) wear and tear.; (f) mishandling; (g) failure to use the Case in a safe and reasonable manner, or (h) force majeure. If the Case, in the judgment of XpresspaX, shows evidence of having been altered, modified or repaired without the authorization of XpresspaX, the Warranty herein shall not apply. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. XPRESSPAX SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. Liability XpresspaX’s cumulative liability for damages of any kind whatsoever arising out of the use or possession of the Case, regardless of the form of action, whether in contract or tort, including negligence or strict liability, shall be limited to the purchase price of the Case. IN NO EVENT SHALL XPRESSPAX BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR POSSESSION OF THE CASE, INCLUDING THE VALUE OF THE CONTENTS OF THE CASE, WHETHER OR NOT XPRESSPAX HAS RECEIVED NOTICE OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. XpresspaX recommends that the Customer test their Case usage application for fitness of use.