Limited Warranty


Joseph Productions, Inc. (Company) warrants to the original purchaser of Product to be free of defects in material and workmanship, provided: (1) Company has been notified of such defects within one year of purchase date and been given the opportunity of inspection by return of any alleged defective Product to Company, or its authorized distributor, free and clear of liens, encumbrances, transportation prepaid, accompanied by the statement of defects and proof of purchase; and (2) Product has not been subject to modification, abuse, misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, improper installation, alteration and/or modification (including but not limited to use of unauthorized parts or attachments), disassembly, or adjustment or repair performed by anyone other than an authorized service personnel during such period; and (3) such defect has not been caused by corrosion or ordinary wear and tear. This WARRANTY does not cover normal wear and tear of parts and/or damage resulting from any of the following: negligent use or misuse of product, use of improper voltage or current, and/or use contrary to operating instructions. Customer shall pay shipping costs on any return of Product and Company shall pay return shipping costs in the United States for the repaired or replaced product covered by this WARRANTY. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Company is willing and able to repair or replace non-conforming Product. Company will not evaluate warranted Product without Buyer first obtaining a Return Merchandise Authorization (RMA) number from Company. Returns must be prominently marked with the RMA number and returned as instructed by the Company. Company makes no other warranty, and the WARRANTY is limited to the duration of the expressed period as set forth above. BUYER AND COMPANY EXPRESSLY AGREE THAT THE BUYER'S SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY SHALL BE FOR THE REPAIR OR REPLACEMENT (AT COMPANY'S OPTION) OF NON-CONFORMING PRODUCT AS PROVIDED HEREIN. COMPANY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY, AND COMPANY ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND/OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER ("DAMAGES") EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO BREACH OF ANY OBLIGATION IMPOSED ON COMPANY HEREUNDER OR IN CONNECTION HEREWITH) FOR THE USE, STORAGE, DISPOSAL OR HANDLING OF PRODUCT. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. DAMAGES for purposes hereof shall include, without limitation, loss of use, income or profit, shutdown, slowdown or stoppage of any production line or facility, or losses sustained as the result of injury (including death) to any person, or loss of or damage to property (including without limitation property handled or processed by the use of Product). Buyer shall indemnify Company against all liability, cost or expense which may be sustained by Company on account of any such loss, damage or injury. Any liability of Company for any DAMAGES, indemnification (e.g., contractual, equitable, or by implication), contribution, subrogation, and/or any other right against the Company shall be limited to the greater of: the purchase price of Product or the proceeds collected and/or paid from Company's insurance (if any). NOTE: The Product is intended only for commercial use and is not a consumer product. Nevertheless, should the Product be considered a consumer product as may be covered by the Magnusson Moss Federal Warranty Act, please be advised that: (1) some states do not allow limitations on incidental consequential damages or how long an implied warranty lasts so that the above limitations may not fully apply; (2) this warranty gives specific legal rights, and a buyer may also have other rights which may vary from state to state. Limitation on Liability: In no event shall Company be liable for any consequential or incidental damages of any nature arising from the sale or use of Product, whether in contract, tort or otherwise, by either use or purchase of Product, the user or purchaser agrees to this limit on Company's liability. Company is not responsible for any modification, addition or alteration to Product by others. Company reserves the right to make changes in designs and specifications or to make additions or improvements. This WARRANTY is void if the product serial number and /or labels are altered or removed; if the product is modified in any manner which company concludes, after inspection, affects the reliability of the product; if the product has been repaired or serviced by anyone other than the company unless prior written authorization was issued to purchaser by company; if the product is damaged because not properly maintained as set forth in the product instructions, guidelines and /or user manual. This product is licensed as a professional device and not intended for home consumer use.