Limited
Warranty Subject to the limitations of liability set forth below,
Tempo Hardware, Inc. (the “company”) warrants to
purchasers that the products which the company sells under the
"Tempo" trademark or trade name, are free from defects
in workmanship and materials, under normal use, regular service
and maintenance, for two (2) years. This is the sole and exclusive warranty given by
the company with respect to products and is in lieu of any and
all other warranties, express or implied, arising by operation
of law or otherwise. All implied warranties, including but not
limited to the warranties of merchantability and fitness for
a particular purpose, are hereby excluded.
This warranty
does not cover defects or damage arising from improper installation,
lack of or improper maintenance, improper storage, shipping
and handling, ordinary wear and tear, misuse, abuse, accident,
unauthorized service, or use with unauthorized products or parts.
The sole and exclusively liability of the Company under this
warranty or otherwise, shall be limited to the repair or replacement
of any product or component part which shall prove defective
to the original purchaser from the Company. The Company will
not pay for the costs or repair performed other than in accordance
with this warranty. The
company shall not be liable for damages caused by delay in performance
and in no event, regardless of the form of the claim or cause
of action (whether based in contract, infringement, negligence,
strict liability, other tort or otherwise), shall the company's
liability to purchaser and/or its customers exceed the price
paid by purchaser for the specific products provided by the
company giving rise to the claim or cause of action. Purchaser
agrees that in no event shall the company's liability to purchaser
and/or its customers extend to include incidental, consequential
or punitive damages resulting from use of these products, or
arising out of any breach of this warranty.The
term "consequential damages" shall include, but not
limited to, loss of anticipated profits, business interruption,
loss of use or revenue, cost of capital or loss or damage to
property or equipment. The foregoing limitations and exclusions
are intended to be effective to the maximum extent permitted
by law. This warranty is governed by the law of California without
regard to its conflicts of law principles.
Written notice of a product believed to be defective as covered
by this warranty should be sent to Tempo Hardware, Inc. 1455
East Francis Street, Ontario, California 91761 within 30 days
from the discovery of the alleged defects, and should include
the purchaser's name and address, identification of the product,
and brief description of the defect. Upon receipt of such notice,
the Company will inform the purchaser where to ship such product,
shipping charges prepaid, for examination. In the event such
examination reveals a defect covered by this warranty, the Company
will, at its own option, repair or replace the product, and
return it or the replacement to the purchaser, with charge only
for transportation.
