Etaluma’s Terms and Conditions
Thank you for your interest in and use of Etaluma’s Products. We value your business and strive to make your purchase and use of our Lumascopes and Accessories as easy as possible. Our goal is to make YOU a very happy customer! Below are our Terms and Conditions applicable to our Products. If you have questions or concerns at any time, please Contact Us.
Etaluma Inc. warrants that every Product manufactured by Etaluma Inc. is free from defects in workmanship and material for twelve months from the date of delivery. This warranty does not apply to any Product that has been subjected to misuse, misapplication, neglect (including without limitation, inadequate or unauthorized maintenance by third party), accident, improper installation, modification, adjustment, or repair. Products supplied by Etaluma, but manufactured by others, are warranted only to the extent of the manufacturer’s warranty. All products are warranted F.O.B. Point of Manufacture.
Disclaimer of Warranty
The foregoing warranty constitutes Etaluma’s only warranty in connection with any sale and is in lieu of all other warranties expressed, implied, written or oral. THERE ARE NO IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF ANY PRODUCT FOR A PARTICULAR PURPOSE.
BUYER’S SOLE AND EXCLUSIVE REMEDY AND ETALUMA’S SOLE AND EXCLUSIVE OBLIGATION AND LIABILITY FOR BREACH OF THE LIMITED WARRANTY SHALL BE LIMITED TO REPAIRING OR REPLACING THE PRODUCT FOUND BY ETALUMA TO BE DEFECTIVE OR NONCONFORMING.
At Etaluma’s request, Buyer shall send, at Etaluma’s expense, any allegedly defective product to the facility where it was manufactured. If the Product is found by Etaluma to be non-defective, shipping expenses both to Etaluma and return to Buyer will be charged to Buyer.
The remedy set forth above is exclusive. The repair or replacement of the product constitutes fulfillment of all liabilities of Etaluma to Buyer under the warranties above-mentioned, whether based on contract, negligence of any kind, strict liability or tort, or otherwise with respect to or arising out of Product furnished under the sales contract.
Limitation of Liability
Buyer expressly agrees that, notwithstanding any other provisions of these Terms & Conditions, under no circumstances shall Etaluma’s total aggregate liability exceed the price paid by the Buyer for the Product.
BUYER EXPRESSLY AGREES THAT ETALUMA WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THE LOSS OF USE, INCOME, PROFITS, DATA, OR PRODUCTION; OR INCREASED COST OF OPERATION; OR DAMAGE TO MATERIAL ARISING IN CONNECTION WITH THE SALE, INSTALLATION, USE OF, INABILITY TO USE, OR REPAIR OR REPLACEMENT OF ETALUMA’S PRODUCTS. EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK WHICH IS SET FORTH IN THIS SECTION.
Buyer shall indemnify and hold Etaluma harmless for any claims, suits or demands from Buyer’s employees, workers, contractors, agents or any other persons beyond the limitation provided in this section.
Limitation on Claims and Actions
Any claim by Buyer for breach of the foregoing warranty shall be deemed waived by Buyer unless submitted to Etaluma in writing within thirty (30) days from the date Buyer discovered or by reasonable inspection should have discovered the alleged breach and within one year from the date the Product was delivered.
Documents, Website and Other Information. Every effort has been made to supply complete and accurate information to the Buyer. Etaluma however, makes no representations of warranties of any kind concerning the contents of any documents, electronic information including its website, and any other forms of information. Under no circumstances will Etaluma Inc. be held liable for any loss of data, property, injury to User, or other damages pertaining to or caused by the use of any of its information or any omissions. Additionally, Etaluma assumes no responsibility for their use nor any infringements of the intellectual property of other third parties that would result. The information contained in Etaluma’s documents, including electronic, is subject to change without notice. Etaluma reserves the right to make changes and product improvements at any time and without prior notice.
Application and Usage. Etaluma assumes no liability for damages or injuries (consequential, special, or otherwise) caused by the improper use and/or improper installation of any of its Products or where its Products are used in any application other than what it was designed for and intended. Etaluma expressly denies any responsibility if its Products have been modified without Etaluma’s prior written approval, or if its Products have been subjected to any unusual physical or electrical stress, or if the original identification marks have been removed or altered.
You acknowledge and agree that this limited license to use the website does not grant you any other right or license, by implication, estoppel or otherwise, under the intellectual property rights of Etaluma or any third party. You may not include content of the Etaluma website into any other website or create hyperlinks to this website from other websites without the prior written consent of Etaluma.
Etaluma prohibits transmission of any material on or through the website that is unlawful, in violation of the rights of any third party including, without limitation, intellectual property rights, or which contains a virus or other element aimed at disturbing the proper functioning of the website, any other software, or any electronic device.
DUE TO THE TECHNICAL LIMITATIONS REGARDING THE PROTECTION OF COMMUNICATION THROUGH THE INTERNET, ETALUMA DOES NOT REPRESENT OR WARRANT THAT INFORMATION OR DATA PROVIDED BY YOU THROUGH THIS WEBSITE WILL NOT BE ACCESSED BY UNATHORIZED THIRD PARTIES THROUGH HACKING, VIRUSES OR SIMILAR MEANS.
By placing an order to Etaluma or its worldwide Distributors through this website, you represent and warrant that you are legally authorized to submit binding orders on behalf of the institution you are employed with.
Despite our attempts to maintain the accuracy of the website, Etaluma makes no representations whatsoever in this regard. There may be errors, inaccuracies or unauthorized modifications to the website by third parties. If you become aware of an inaccuracy, please inform Etaluma so that it can be corrected. The contents of the website may be changed without notice.
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”. ETALUMA DOES NOT WARRANT UNINTERRUPTED ACCESS TO THE WEBSITE OR CORRECTION OF DEFECTS OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, ETALUMA DOES NOT REPRESENT THE ACCURACY OR RELIABILITY OF ANY CONTENT OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ETALUMA AND ITS WORLDWIDE DISTRIBUTORS ARE NOT LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
If you have questions or concerns, please Contact Us.