User's Manual
9US
Limited warranty
This limited warranty is provided by Fibar USA, LLC (the “Company”),
1040 E. Lake Ave., Glenview, Illinois 60025, as the sole and exclusive remedy
oered to a purchaser (the “Customer”) of the products (the “Products”) for
any alleged defects in any of the Products. The warranty is subject to all
terms sets forth below.
1. LIMITED WARRANTY:
Subject to the limitations of section 2, the company warrants that the
products sold by the company to the customer will be free from defects
in material and workmanship under normal use and regular service and
maintenance for a period of one (1) year from the date of purchase of the
products. The one-year period may be referred to as the “limited warranty
period”.
This is the sole and exclusive warranty given by the company with respect
to the products and is in lieu of and excludes all other warranties, express
or implied, arising by operation of law or otherwise, including without
limitation, any implied warranties of merchantability, tness for a particular
purpose, non-infringement and the implied condition of satisfactory
quality.
The product is not, is not intended to function or be used as, should not be
used as, and shall not be deemed to be, an alarm system or home security
system. The product’s intended use shall not include use as an alarm system
or home security system.
This limited warranty does not extend to any losses or damages due in
whole or in part to misuse, accident, abuse, neglect, normal wear and
tear, negligence (other than the Company’s), unauthorized modication
or alteration, use beyond rated capacity, unsuitable power sources
or environmental conditions, improper installation, repair, handling,
maintenance or application, third party actions or omissions (whether as an
agent or apparent agent of the Company), criminal acts, or any other cause
not the direct fault of the Company.
2. LIMITATION OF REMEDY:
If within the limited warranty period, the Customer discovers any covered
warranty defects and noties the Company within thirty (30) days of
such discovery, pursuant to the Claims Procedure in Section 4 below, the
Company shall, at its option and as the Customer’s exclusive remedy, repair
or replace F.O.B. point of manufacture.
The remedies set forth in this limited warranty are exclusive. The sole and
exclusive remedy for breach of any warranty hereunder shall be limited to
repair or replacement of the products. In the event that the product cannot
be repaired or replaced, the company reserves the right to substitute a
product of similar technical parameters. The company will not refund the
purchase price of the original product.
Failure by the Customer to give such written notice within the thirty (30)
day time period shall be deemed an absolute and unconditional waiver of
the Customer’s claim for such covered defects. All costs and expenses of
dismantling, reinstallation and freight, including the time of the Company’s
personnel and representatives for site travel and diagnosis under this
limited warranty, shall be borne by the Customer unless accepted in writing
by the Company. Products repaired or replaced during the limited warranty
period shall be covered by the foregoing limited warranty for the remainder
of the limited warranty period.
The Customer assumes all other responsibility for any loss, damage, or
injury to persons or property arising out of, connected with, or resulting
from the use of Products, either alone or in combination with other
products/components.
3. LIMITATION OF LIABILITY:
In no event, regardless of the form of the claim or cause of action (whether
based in contract, infringement, negligence, strict liability, other tort or
otherwise), shall the company’s liability to the customer or any third party
exceed the price paid by the customer for the specic products giving rise
to the claim or cause of action.
To the maximum extent permitted by applicable law, the company shall not
be liable to the customer or any third party for any general, direct, indirect,
incidental, special, consequential, or punitive damages, including, but not
limited to, loss of prots or anticipated prots, business interruption, loss
of use, revenue, reputation and data, costs incurred, loss or damage to
property or equipment, bodily injury, or death, arising from any claim or
cause of action relating to the product, whether such is based on warranty,
contract, tort (including negligence and strict liability.
These limitations shall apply notwithstanding any failure of essential
purpose of any remedy. Some states and/or jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages so the above
exclusions may not apply to certain customers.
The Customer assumes all other responsibility for any loss, damage, or
injury to persons or property arising out of, connected with, or resulting
from the use of Products, either alone or in combination with other
products/components.
4. CLAIMS PROCEDURE:
The Customer shall make a claim by written notice to the Company
through the contact information listed on its website at www.baro.com or
by contacting the Company through the telephone number listed on the
website. Any telephone conversations will be recorded. The Company will
issue a designated claim number for each claim made. The Customer may
be contacted by an authorized warranty service representative to arrange a
date for an inspection of the Product. This inspection shall be in the presence
of the Customer. The Product that is the subject of the claim shall be made
available by the Customer together with complete standard equipment
and the documents conrming the Product’s purchase. Covered defects
(as determined by the Company or its authorized service representative)
found during the limited warranty period shall be remedied within thirty
(30) days from the date of inspection or the date the Product is delivered to
the Company or its authorized service representative, whichever is later. The
limited warranty period shall be extended by the time that the Product is
in the possession of the authorized service representative or the Company.
Remember: before you submit a warranty claim, contact our technical
support using telephone or e-mail. More than 50% of operational problems
is resolved remotely, saving time and money spent to initiating claim
procedure.
5. GOVERNING LAW AND BINDING ARBITRATION:
Please read this section carefully. It aects customers’ rights and will have
a substantial impact on how claims the company and the customer have
against each other are resolved. This limited warranty contains a binding
arbitration provision which may be enforced by the parties.
The Company and the Customer agree that any claim or dispute at law or
equity that has arisen or may arise between them relating in any way to
or arising out of this limited warranty or the Products will be resolved in
accordance with the provisions set forth in this Section.