Please read the following carefully. It affects your rights as a purchaser of this product.
Other Machine Company’s warranty obligations and liability for all hardware products sold by Other Machine Company in the fifty United States, the District of Columbia, and U.S. Territories are limited exclusively to the terms set forth below (this “Warranty”).
Other Machine Company (herein-after referred to as “OMC”) warrants our Othermill hardware products against defects in materials and workmanship under normal use for a period of ninety (90) days, one (1) year for Othermill Pro, from the date of purchase by the original purchaser (the “Warranty Period”).
If a hardware defect arises, and a valid claim is received within the Warranty Period, at our sole option and to the extent permitted by law, OMC will either: (1) Repair the hardware defect at no charge, using new or refurbished replacement parts; (2) Exchange the product with a product that is new or reconditioned by OMC or that has been manufactured from new or serviceable used parts and is functionally equivalent to the original product; (3) Refund the purchase price of the product.
A repaired or replacement product assumes the remaining warranty of the original product or the equivalent of the Warranty Period from the date of replacement or repair, whichever is longer.
When a product is exchanged, any replacement item becomes your property and the replaced item becomes OMC property. In order to receive a refund, the product for which the refund is provided must be returned to OMC and becomes the property of OMC.
EXCLUSIONS FROM & LIMITATIONS TO WARRANTY
This Warranty applies only to hardware products manufactured by or for OMC. The Warranty does not apply to any non-OMC hardware products or any software, even if packaged or sold with OMC hardware. Manufacturers, suppliers, or publishers other than OMC may provide their own warranties to the end user purchaser. Software distributed by OMC with or without the OMC brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the Terms and Conditions for the software for details of your rights with respect to its use.
OMC does not warrant that the operation of the product will be uninterrupted or error-free. OMC is not responsible for personal injury or property damage arising or resulting from failure to follow instructions relating to the product’s use, storage, or handling.
This Warranty does not apply to: (1) Damage caused by accident, abuse, misuse, neglect, flood, fire, earthquake, or other external causes; (2) Damage caused by operating the product outside the permitted or intended uses described by OMC; (3) Damage to a product or part caused by or resulting from a modification to alter its functionality or capability without the written permission of OMC; (4) Cosmetic damage, including but not limited to scratches, dents, and ordinary wear and tear.
This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. OMC’s responsibility for hardware defects is limited to the repair or replacement service, or to refund, as described in this Warranty and determined by OMC in its sole discretion.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Except as explicitly provided in this Warranty, we do not guarantee, represent, or warrant that your use of our service or any OMC product will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service or the product will be accurate or reliable.
The products delivered to you by OMC are (except to the extent otherwise expressly stated by us in this Warranty) provided “AS IS” and “AS AVAILABLE” for your use, and, except as expressly set forth in this Warranty, without any representation, warranties, or conditions of any kind, either express or implied. OMC further disclaims all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Some states restrict or do not allow limitations on warranties, which may affect your rights, and this Limited Warranty will be adjusted to maintain compliance with such state limitations or restrictions.
No OMC reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty and the terms in this Warranty shall constitute the entire agreement between you and OMC concerning the matters discussed herein. If any term is held to be illegal or unenforceable by a court of competent jurisdiction, the legality or enforceability of the remaining terms shall not be affected or impaired and shall remain in full force and effect.
Except as provided in this Warranty and to the extent permitted by law, OMC is not responsible for direct, indirect, special, incidental, or consequential damages resulting from any breach of warranty or condition or any other reason, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, or corruption of data; or any indirect or consequential loss or damage howsoever caused, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with OMC products and any failure to maintain the confidentiality of data stored on the product. This is true even if OMC is advised of the possibility of such damages.
OMC’s liability for actual damage from any cause whatsoever will be limited to the greater of 1) $2,000 or 2) the amount you paid for the product that caused the damage. This limitation of liability will not apply to claims for bodily injury, or damage to real property or tangible personal property for which OMC is legally liable. In no event will either party be liable for any damage caused by the other party’s failure to fulfill its responsibilities under this Limited Warranty.
Some states do not allow for the foregoing damages cap and exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
OBTAINING WARRANTY SERVICE
Please access and review the online help resources referred to in the documentation accompanying this hardware product before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact OMC at firstname.lastname@example.org.
Help us help you. You must provide reasonable assistance to OMC in diagnosing issues with your product and follow OMC’s warranty processes.
OMC restricts service to the United States of America and the District of Columbia and U.S. territories. For qualifying warranty service, OMC will send a prepaid shipping label to enable you to ship the product in its original packaging to OMC’s repair service location for service. If the original packaging is not kept, you will be charged for a replacement OMC product packaging box to be sent to you to enable you to ship the product to OMC’s repair service location. Upon your receipt of the replacement product, the original product becomes the property of OMC and you agree to follow instructions, including, if required, arranging the return of original product to OMC in a timely manner.
Service options, parts availability, and response times may vary. In accordance with applicable law, OMC may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the according documentation for more details on this and other matters on obtaining warranty service.
EXTENDED WARRANTY SERVICE
In addition to the terms set forth above, you have the option to purchase an additional warranty from OMC (the “Extended Warranty”). If you choose to purchase the Extended Warranty, the following terms will apply:
Warranty Period. The Warranty Period will be extended from ninety (90) days for the Othermill to one (1) year from the date of purchase. The Warranty Period will be extended from one (1) year for the Othermill Pro to two (2) years from the date of purchase.
Non-refundable and Non-transferable. This Extended Warranty is not refundable, even if warranty service is never used. Further, the Extended Warranty applies only to the specific product it has been purchased for and is non-transferable.
No Shipping Costs. The purchase of the Extended Warranty includes free shipping anywhere in the continental United States.
Discounts Not Applicable. Any discounts provided shall not extend to the purchase price of the Extended Warranty.
For avoidance of doubt, all remaining terms of the Warranty remain in full force and effect and apply to the Extended Warranty.