Use and Care Guide

27
Limited Warranty and Disclaimer
Plasticase, Inc. (“Plasticase”) warrants that the NANUK case
accompanying this document (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 Plasticase in the
event that he or she believes the Case is defective and
is covered by this Warranty in order to open a warranty
claim. Call Plasticase at 1-800-783-6883 (Canada-USA) or
[phone] (international) 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 Plasticase reserves the right to ship
replacement parts directly to the customer for installation.
Other instances require the customer to pay for shipping
the case to Plasticase at 1059 Boulevard des Entreprises
Ouest, Terrebonne, QC J6Y 1V2, Canada, for inspection. If
the Case is defective, determined solely by Plasticase 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 Plasticase’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 Plasticase to be present.
Upon inspection by Plasticase, 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 Plasticase.
3. Limitation of Warranty The Warranty herein applies only to
the original customer and is conditional upon the customer
giving prompt notice to Plasticase of any discovered defects.
Plasticase 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 Plasticase; (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 Plasticase, shows
evidence of having been altered, modied or repaired without
the authorization of Plasticase, 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. PLASTICASE SPECIFICALLY
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
4. Liability Plasticase’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
PLASTICASE 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
PLASTICASE HAS RECEIVED NOTICE OF THE POSSIBILITY
OR CERTAINTY OR SUCH DAMAGES OR LOSSES. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.