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2 warranty information and registration, 1 warranty information, 2 limitation of liability – Armasight NSGNYX7P01P3DA1 Nyx7 PRO GEN 3P Night Vision Goggles User Manual

Page 8: 3 product warranty registration

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1.2 WARRANTY INFORMATION AND REGISTRATION

1.2.1 WARRANTY INFORMATION

This product is guaranteed to be free from manufacturing defects in material and workmanship under

normal use for a period of two (2) years from the date of purchase. In the event that a defect covered

by the below warranty occurs during the applicable period stated above, Armasight, at its discretion,

will either repair or replace the product; such action on the part of Armasight shall be the full extent of

Armasight’s liability, and the Customer’s sole and exclusive reparation. This warranty does not cover a

product if it has (a) been used in ways other than its normal and customary manner; (b) subjected to

misuse; (c) subjected to alterations, modifications or repairs by the Customer or by any party other than

Armasight without prior written consent of Armasight; (d) special order or “close-out” merchandise

or merchandise sold “as-is” by either Armasight or the Armasight dealer; or (e) merchandise that has

been discontinued by the manufacturer and either parts or replacement units are not available due to

reasons beyond the control of Armasight. Armasight shall not be responsible for any defects or dam-

age that in Armasight’s view are a result from the mishandling, abuse, misuse, improper storage or

improper operation of the device, including use in conjunction with equipment that is electrically or

mechanically incompatible with, or of inferior quality to, the product, as well as failure to maintain the

environmental conditions specified by the manufacturer. CUSTOMER IS HEREBY NOTIFIED THAT OPER-

ATION OF THE EQUIPMENT DURING DAYLIGHT HOURS OR UNDER ANY EXCESSIVE LIGHT CONDITIONS

MAY PERMANENTLY DAMAGE THE INTERNAL COMPONENTS OF THE UNIT AND SAID DAMAGE WILL

NOT BE COVERED UNDER THIS WARRANTY. This warranty is extended only to the original purchaser.

Any breach of this warranty shall be enforced unless the Customer notifies Armasight at the address

noted below within the applicable warranty period.
The Customer understands and agrees that except for the foregoing warranty, no other warranties

written or oral, statutory, expressed or implied, including any implied warranty of merchantability or

fitness for a particular purpose, shall apply to the product. All such implied warranties are hereby and

expressly disclaimed.

1.2.2 LIMITATION OF LIABILITY

Armasight will not be liable for any claims, actions, suits, proceedings, costs, expenses, damages or

liabilities arising out of the use of this product. Operation and use of the product are the sole responsi-

bility of the Customer. Armasight’s sole undertaking is limited to providing the products and services

outlined herein in accordance with the terms and conditions of this Agreement. The provision of prod-

ucts sold and services performed by Armasight to the Customer shall not be interpreted, construed,

or regarded, either expressly or implied, as being for the benefit of or creating any obligation toward

any third party of legal entity outside Armasight and the Customer; Armasight’s obligations under this

Agreement extend solely to the Customer. Armasight’s liability hereunder for damages, regardless of

the form or action, shall not exceed the fees or other charges paid to Armasight by the Customer or

Customer’s dealer. Armasight shall not, in any event, be liable for special, indirect, incidental, or conse-

quential damages, including, but not limited to, lost income, lost revenue, or lost profit, whether such

damages were foreseeable or not at the time of purchase, and whether or not such damages arise

out of a breach of warranty, a breach of agreement, negligence, strict liability or any other theory of

liability.

1.2.3 PRODUCT WARRANTY REGISTRATION

In order to validate the warranty on your product, Armasight must receive a completed Product War-

ranty Registration Card for each unit, or the Customer can complete a warranty registration on our

website, at www.armasight.com. Please complete the included form (Appendix C) and immediately

mail it to our Service Center:
Armasight Inc.

815 Dubuque Avenue

South San Francisco

CA 94080

United States of America.