Taoglas warrants to Distributor that for a period of twelve (12) months from the date of retail sale of the recreational vehicle unit into which the Taoglas LoPro™ (“Goods”) is installed (“Warranty Period”), that such Goods will be free from material defects in material and workmanship.
Taoglas makes no warranty, express or implied, with respect to the design or operation of any product or system in which any Taoglas’s product sold hereunder is a component.
EXCEPT FOR THE WARRANTY SET FORTH BELOW, TAOGLAS MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS (INCLUDING ANY SOFTWARE) OR SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (d) Products manufactured by a third party and third party software(“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by this warranty.
For the avoidance of doubt, TAOGLAS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Notwithstanding the foregoing, in the event of the failure of any Third Party Product, Taoglas will assist (within reason) Distributor (at Distributor ’s sole expense) in obtaining, from the respective third party, any (if any) adjustment that is available under such third party’s warranty.
Taoglas shall not be liable for a breach of the warranty set forth in Clause 1 unless: (i) Distributor gives written notice of the defect, reasonably described, to Taoglas within five (5) days of the time when Distributor discovers or ought to have discovered the defect and such notice is received by Taoglas during the Warranty Period; (ii) Taoglas is given a reasonable opportunity after receiving the notice to examine such Goods; (iii) Distributor (if requested to do so by Taoglas) returns such Goods (prepaid and insured to Taoglas at Taoglas’ designated warehouse) to Taoglas pursuant to Taoglas’s RMA procedures outlined below and Distributor obtains a RMA number from Taoglas prior to returning such Goods for the examination to take place; and (iii) Taoglas reasonably verifies Distributor ’s claim that the Goods are defective and that the defect developed under normal and proper use.
Taoglas shall not be liable for a breach of the warranty set forth in Clause 1 if: (i) Distributor makes any further use of such Goods after giving such notice; (ii) the defect arises because Distributor failed to follow Taoglas’ oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; (iii) Distributor alters or repairs such Goods without the prior written consent of Taoglas; (iv) repairs or modifications are made by persons other than Taoglas’ own service personnel, or an authorized representative’s personnel, unless such repairs are made with the written consent of Taoglas in accordance with procedures outlined by Taoglas; (v) any drawing, design or specification supplied to Taoglas from Distributor ; or (vi) reasonable wear and tear, willful damage, negligence, abnormal working conditions or misuse.
Taoglas shall, in its sole discretion, either repair or replace such Goods (or the defective part), provided that, if Taoglas so requests, Distributor shall, at Distributor ’s expense, return such Goods to Taoglas.
Any claim under this Product Limited Warranty must be in writing and must contain full details of the claim including the part numbers of any allegedly defective Goods. Taoglas shall be afforded reasonable opportunity and facilities to investigate any claim made under this clause and Distributor shall, if so requested in writing by the Taoglas, make available any Goods which are subject of any claim, and any packing, securely packed for collection from the Distributor ’s premises for examination by Taoglas. Taoglas shall have no liability with regard to any claim in the event the Distributor has not complied with the provisions of this Product Limited Warranty.
THE REMEDIES SET FORTH IN CLAUSE 8 SHALL BE DISTRIBUTOR ’S SOLE AND EXCLUSIVE REMEDY AND TAOGLAS’S ENTIRE LIABILITY FOR ANY BREACH OF THE PRODUCT LIMITED WARRANTY SET FORTH HERE.
Representations and warranties made by any person, including representatives of Taoglas, which are inconsistent or in conflict with the terms of this warranty, as set forth above, shall not be binding upon Taoglas.
IN NO EVENT SHALL TAOGLAS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, LOSS OF INFORMATION OR DATA, OR PERSONAL INJURY OR DEATH ARISING IN ANY WAY OUT OF THE MANUFACTURE, SALE, USE, OR INABILITY TO USE ANY GOODS, SOFTWARE OR SERVICE, OR ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY DISTRIBUTOR OR COULD HAVE BEEN REASONABLY FORESEEN BY DISTRIBUTOR , REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. (b) IN NO EVENT SHALL TAOGLAS’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO TAOGLAS FOR THE GOODS SOLD HEREUNDER.
Taoglas USA, Inc.
Paramount Dr, San Diego, California 92123, USA
An RMA – Return Material Authorization – is required prior to returning any antenna product to Taoglas while under the warranty policy. Please call our Customer Service Team at 4851 Paramount Drive, San Diego, CA 92123 on +1 858-450-0888 or send an email to customerserviceusa@taoglas.com to obtain the RMA number.
Please complete “Return Material Authorization (RMA) Request Form” in full and e-mail to RMA@taoglas.com Taoglas will then respond to customer by phone within 48 hrs of receiving RMA Request Form. Please include any relevant material i.e. pictures.
Upon receiving above information, Taoglas will first confirm whether there is a potential problem that may be covered by warranty or replacement service. If this is the case, you will be issued RMA # and an RMA Acknowledgment Form that confirms your request within 2 business days. Note: Return goods will not be received under any circumstance without RMA Acknowledgment Form and RMA #. Unauthorized returns or freight collection returns will be returned to you at your expense.
Once you have the RMA # and Acknowledge Form, re-package the product, and attach the RMA Acknowledgement Form on the outside of the package. Note: Protecting the value of returned products by packaging and shipping them correctly is your responsibility. We reserve the right to deny warranty coverage for any damage caused by inadequate packing, original protective packaging or an equivalent substitute must be used and all parts must be packed securely inside the external shipping carton to prevent mechanical damage.
Send the product to the return location written on the issued RMA Acknowledgment Form. All products must be returned freight prepaid within 30 days of obtaining an RMA. We reserve the right to cancel the RMA after 30 days. If you fail to return the product within the 30 days, please contact RMA@taoglas.com to get a new RMA.
On dispatch of the goods please email a copy of this form along with the Waybill number to RMA@taoglas.com Note: We will not accept unauthorized returns or freight collection returns; we will return these to you at your expense. If a returned product contains parts that are no longer available or repairable, we will contact you to discuss resolution and return of the material. Taoglas will reject any returns without a valid RMA #.
The repair department will evaluate all products returned for repair to determine warranty coverage and will resolve any questions that may arise during evaluation to make a final determination.
Taoglas will invoice you the purchase price of the replacement product and freight charges if the warranty or replacement service has been voided because of tampering, removal of components, improper maintenance, or any other reason as further set forth in the Limited Product Warranty or if Taoglas has not received the defective merchandise within thirty (30) days after receiving the RMA documents. See Section 8 Terms & Conditions page for full details relating to product warranty and liability http://taoglas.com/contact/terms-and-conditions
Note: The destination country importation, compliance with the relevant export controls, and customs clearance may impact actual delivery times.
