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Discmagic Limited Warranty and Return Policy

DISCMAGIC LLC. Limited Warranty for Products and Return Policy
 

 1. Limited Warranty
 1.1 DISCMAGIC warrants products manufactured by DISCMAGIC and sold by DISCMAGIC or authorized representatives or distributors to be free of any defects in materials and workmanship under normal use and service or the warranty period, beginning on the date of original invoice, as follows:


(a) DISCMAGIC consumables (supplies): 30 days
(b) DISCMAGIC rebuilt units: 180 days
(c) Resale products distributed by DISCMAGIC: Original manufacturer warranty
(d) DISCMAGIC Used units sold "as-is" cycling: 10 days


The foregoing products and all other DISCMAGIC products are subject to the
DISCMAGIC Return Policy in Section 4.

1.2 This Limited Warranty extends only to the original buyer/end-user of the product and is
      not transferable in any manner.
1.3 DISCMAGIC shall have no obligation under this Limited Warranty until all invoices for
      the product are paid in full.
1.4 Under this Limited Warranty, DISCMAGIC reserves the right to inspect product to
      determine validity of buyer’s claim and DISCMAGIC, in its sole discretion, shall have the
      option of:
      a) Replacing warranted DISCMAGIC - manufactured product (F.O.B. point of
      purchase) without charge provided the product is returned to the point of purchase
      within 30 days of the date of invoice (replacement product may be model
      equivalent or better). This option is not available for rebuilt units and resale
      products, or
      b) Crediting the buyer's account with the price of the warranted DISCMAGIC -
      manufactured product provided the product is returned to the point of purchase
      within (30 days for consumables) (180 days for rebuilt units) of the date of invoice.
      This option is not available for resale products, or
      c) Repairing warranted product without charge for product returned to point of
      purchase and before the end of the stated warranty period in Section 1.1. This
      option is available for rebuilt units and resale products.
      Repair shall not extend the warranty period listed for the product in Section 1.1. However,
      parts installed during DISCMAGIC warranty repair are warranted for 30 days from date of
      repair invoice.


      DISCMAGIC shall honor the original manufacturer warranty for resale products.
      However, if the product is not under warranty, the buyer is responsible for all repair costs
      charged by the product manufacturer.


1.5 The foregoing remedy shall be DISCMAGIC’s sole liability and shall be the exclusive
      remedy of the buyer.
1.6 This Limited Warranty shall not apply to product that has failed due to or been damaged
      by (a) accident, misuse, abuse, improper application, negligence, alteration, force majeure
      occurrence(s), transportation or handling, failure to operate products in accordance with
      manufacturer instructions, or failure to maintain the recommended operating, charging, or
      storing environments in accordance with manufacturer instructions; (b) unauthorized
      repair, maintenance, service, or modification of product by the buyer or a third party or
      attachment to or use of non-DISCMAGIC supplied equipment; (c) use of nonDISCMAGIC
      supplies or consumables.

1.7 Claims under this Limited Warranty must be made to your DISCMAGIC representative in
      writing within 30 days of buyer discovery of product defect(s) (mailed certified return
      receipt-return receipt requested, postage prepaid). Product must be returned to the point of
      purchase (freight prepaid) with required documentation and in appropriate packaging
      clearly marked with a Return Merchandise Authorization (RMA) number obtained from
      DISCMAGIC (see Return Policy in Section 4). DISCMAGIC reserves the right of
      inspection to determine validity of buyer’s claim of defective product under the terms of
      this Limited Warranty. DISCMAGIC further reserves the right to approve and negotiate
      the terms of repair or replacement.
1.8 DISCMAGIC reserves the right to make changes to, at any time without notice, product
      design, color, material, and specifications without any obligation to incorporate new
      features or modifications in previously sold products. DISCMAGIC reserves the right to
      discontinue product.
1.9 This Limited Warranty shall be invalid if the buyer fails to comply with every term and
      condition of the Limited Warranty.

2. Limitation of Liability
2.1 THIS LIMITED WARRANTY CONSITUTES THE ONLY WARRANTY MADE BY
      DISCMAGIC CONCERNING THE PRODUCT AND IT HEREBY EXCLUDES
      ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, VERBAL
      OR OTHER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR
      FITNESS FOR A PARTICULAR PURPOSE.
2.2 UNDER NO CIRCUMSTANCES SHALL DISCMAGIC BE LIABLE TO THE
      BUYER OR ANY USER FOR CONSEQUENTIAL, INDIRECT, SPECIAL,
      PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED
      TO, LABOR AND ANALYSIS FEES), WHETHER FORESEEABLE OR
      UNFORESEEABLE, BASED ON ANY CLAIM OF ANY OTHER PARTY ARISING
      OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY,
      BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT
      LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS
      ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING THE FORM
      (E.G., CONTRACT, TORT OR OTHERWISE) IN WHICH ANY LEGAL OR
      EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WHATSOEVER
      WILL DISCMAGIC BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED,
      IN THE AGGREGATE, THE AMOUNT PAID BY BUYER FOR THE PRODUCT

3. Governing Law
3.1 This Limited Warranty constitutes the complete, final, exclusive, and fully integrated
      statement of warranty between DISCMAGIC LLC. and buyer concerning the products.
      Any action brought relating to this Limited Warranty shall be instituted and litigated in the
      courts of the State of Michigan located in Wayne County, Michigan, or the Federal courts
      for the 3rd circuit of Michigan. This Limited Warranty shall be governed by and construed
      in accordance with the laws of the State of Michigan. It is expressly agreed that the United
      Nations Convention on Contracts for the international Sale of Goods shall not apply.

4. Return Policy
4.1 Product Return Guidelines
      • Faulty, damaged, or missing items - Contact DISCMAGIC Customer Service to
        correct the problem immediately.
      • Package delivered damaged - Report damage immediately to the carrier. Retain
        all containers and packing material.
4.2 Product Return Policy
     

      • Qualifying supply or consumable product returned unused, unopened and in
         its original packaging and received at the point of purchase within 30 days of
         invoice: Buyer receives a refund of purchase price or replacement. See Non-returnable
         Items in Section 4.3.

      • Qualifying supply or consumable product returned used 25% or less and
        received at the point of purchase 30 days of invoice:
        Buyer receives a refund of purchase price or replacement. See Non-returnable
        Items in Section 4.3.

      • Supply or consumable product returned used 26% or more:
        Product cannot be returned. See Non-returnable Items in Section 4.3.

      • Qualifying rebuilt unit returned and received at the point of purchase within
        30 days of invoice: Buyer receives a refund of purchase price or warranted repairs – including parts
        and labor . See Non-returnable Items in Section 4.3.

      • Qualifying rebuilt unit returned and received at the point of purchase within
        180 days of invoice: Buyer receives warranted repairs – including parts and labor . See Non-returnable
        Items in Section 4.3.

      • Qualifying used unit returned and received at the point of purchase within 30
        days of invoice: At the sole discretion of DISCMAGIC the buyer receives a refund of purchase
        price or warranted repairs – including parts and labor . See Non-returnable Items
        in Section 4.3.

      • Qualifying used “as-is” cycling unit returned and received at the point of
        purchase within 10 days from shipment:
        At the sole discretion of DISCMAGIC the buyer receives a refund of purchase
        price or warranted repairs – including parts and labor . See Non-returnable Items
        in Section 4.3.

4.3 Non-returnable Items
      Custom orders (specials), used products (as defined in Section 4.2), incomplete products
      (product missing parts and/or a portion of original quantity; product with damaged or
      missing labeling), product with missing packaging, product not purchased from
      DISCMAGIC, expired lot or shelf-life product, perishable product, discontinued product,
      product not returned prior to 10 days (in some cases 180 days as defined in Section 4.2)
      after invoice, and certain resale items are non-returnable.

4.4 Returning Product to DISCMAGIC
1. From the U.S. or Canada, call Customer Service at 1-855-4DR-DISC or 1-855437-3472
    (international customers call 1-514-475-8076). Request a Return Merchandise Authorization (RMA) number.               Only packages with an RMA number will be accepted by DISCMAGIC.

2. Carefully package the product. Mark the RMA number on correspondence and on the outside of the package.

3. Ship freight prepaid to the address provided by Customer Service.