A. Warranties and Disclaimers
Except as expressly provided to the contrary elsewhere, Actek® Manufacturing & Engineering makes no, and hereby disclaims all warranties, express, implied, statutory or arising by custom or trade usage or otherwise, including for example, but not limited to the implied warranties of merchantability and fitness for a particular use or purpose, and warranties that any product will I) meet the requirements of the purchaser, II) operate as required by purchaser, or III) operate error free. Actek further disclaims any responsibility whatsoever to the purchaser or to any other third party for any injury to person or property caused by any Actek product regardless of whether that product has been subject to misuse, negligence, accident, improper installation or modification by unauthorized persons. Notwithstanding the above, Actek Mfg. & Eng. Inc. warrants that for the first twelve (12) months from purchase, its product will be free from defects in workmanship and materials and that if any such problem occurs within the warranty period, Actek will repair or replace such products that are returned to Actek Mfg. & Eng. Inc., located at 1110 Fullerton Road - City of Industry, CA 91748 USA. This limited warranty shall not apply to any product that has been misused, repaired or modified by any unauthorized person or if it is used in a manner not consistent with its intended purpose. Upon termination of the aforementioned 12-month period, the purchased product carries no warranty whatsoever. Any authorized adjustments to the product, made pursuant to the warranty does not void the warranty, nor does it imply an extension of the original twelve (12) month warranty period. All products serviced and/or replaced by Actek during the warranty period are subject to and carry the unexpired portion of the original warranty only.
Any questions regarding the proper use or installation of any Actek product should be directed to our office located at 1110 Fullerton Road - City of Industry, CA 91748 USA " 800-752-7229.
B. Limitations of Liability
Actek Mfg. & Eng. Inc. shall not be liable for any direct, special, indirect, incidental, consequential, punitive or exemplary damages of any kind, irrespective of the form of the action, irrespective of how it arises, and even if Actek knew or had reason to know of the possibility of such damages, irrespective of whether arising from activities performed with its product, or the negligence or other tort of Actek. In addition, Actek shall not be liable for any non-party claim related to the use of its product. Actek hereby expressly disclaims all such damages. Notwithstanding the foregoing, in the event of any claim for breach of any of Actek's obligations, whether express or implied, and particularly of any other claim or breach of warranty contained in Paragraph A, or of any other warranties, express or implied, or claim of liability that might, despite Paragraph A, be decided against Actek by lawful authority, Actek shall under no circumstances be liable for any consequential damages, losses, or expenses arising in connection with the use of, or inability to use, Actek's product for any purpose whatsoever. If for any reason any of the foregoing provisions shall be ineffective, any claim against Actek for damages arising out of its manufacture or sale of equipment, or use thereof, whether such liability is based on warranty, contract, negligence, strict liability in tort, or otherwise, shall not in any event exceed the full purchase price of the product.
The Laws of the State of California shall govern all disputes arising out of or based upon the use of Actek's products. Any action against Actek based upon any liability or obligation arising hereunder or under any law applicable to the sale of equipment or use thereof, must be commenced within one year after the cause of action arises or is waived.