In addition to providing the foregoing information to our partners, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
ABS-brand Parts and Peripherals purchased separately (not installed by ABS during the manufacture of the System) are covered by a thirty (30) day warranty against defects in material and workmanship, unless otherwise noted in the product description.
Any repair services provided by ABS to customers after the expiration of the applicable warranty (“Out of Warranty”) shall be subject to the terms of ABS’s Out-of-Warranty service procedures and any applicable service order (see RMA Policies and Procedures, below). For a period of ninety (90) days after repair services are performed, ABS warrants that the services provided were performed in a professional and workmanlike manner. If the problem recurs within the 90-day service warranty period, ABS will, at its option:
- re-perform the services; ora.
a. replace the System or Part or Peripheral pursuant to the warranty terms herein; or
b. permit customer to return the System or Part or Peripheral and issue a refund pursuant to the warranty terms herein; or
c. refund the amount customer paid for the repair services.If customer purchased an extended service plan from ABS or a third party, please refer to the extended service plan for coverage, duration and terms of service.
Systems, Parts and Peripherals that customers return to ABS for Warranty or Out of Warranty repair or replacement are subject to the following policies and procedures:
ABS MAKES NO REPRESENTATION OR EXPRESS WARRANTY EXCEPT AS STATED IN THESE TERMS. ABS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IF ABS CANNOT DISCLAIM IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY.
IN NO EVENT SHALL ABS BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING DAMAGES ARISING FROM LOSS, DESTRUCTION, TRANSFORMATION OR CORRUPTION OF DATA, OR LOSS OF BUSINESS, REVENUE, OR PROFITS, WHETHER OR NOT ABS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CIRCUMSTANCES, ABS’S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PURCHASE OF THE ABS SYSTEM OR ABS-BRAND PARTS AND PERIPHERALS. ABS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS WHICH EXCEEDS THIS LIABILITY LIMIT.
The laws and regulations of the country, state and/or municipality in which you reside may confer you with rights which cannot be excluded, restricted or modified by the warranties herein (“Statutory Rights”). If these Statutory Rights apply to you, some terms of the warranties may be excluded.
ABS extends the warranties to purchasers of Systems and Parts and Peripherals for industrial, commercial and business use upon the same terms, conditions and exclusions applicable to consumer purchasers. HOWEVER, WITH RESPECT TO COMMERCIAL CUSTOMERS, ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXCLUDED AND DISCLAIMED.
The terms of the warranties shall be governed by and construed in accordance with the laws of the State of California, exclusive of choice of law rules.
Customer and ABS agree that any dispute or controversy arising out of, in relation to, or in connection with the terms of the warranties shall be finally settled by binding arbitration in Los Angeles, California under the then-current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules.
The terms of the warranties, including all documents referred to herein which are incorporated by this reference, constitute the entire agreement between customer and ABS with respect to the warranties and fully supersede any and all prior or contemporaneous written or oral communications or agreements with respect to the warranties. If any provision contained in the terms of the warranties is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of the terms of the warranties, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable. No modification, amendment or waiver of any term or condition hereof shall be effective unless consented to in writing by ABS.
You may direct any inquiries about the warranties to the ABS Customer Care Center:
Phone: (800) 685-3471
Attn: RMA Center
Fax: 626-271-9500 firstname.lastname@example.org