ArithmeType Calculus Keyboard

LIMITED PRODUCT WARRANTY

ArithmeType LLC, a Minnesota limited liability company (the “Company”), expressly warrants to the original purchaser (the “Buyer”); that, for a period of one (1) year from the date of purchase and delivery, the ArithmeType keyboard (the “Product”) will be reasonably free of defects in materials and workmanship. This Limited Warranty only applies to Company’s Products, which are used, stored, and handled in the manner recommended by the Company.

The Company will, at its option, repair or replace the Product without charge, if the Product fails or does perform as warranted solely due to a manufacturing defect within the warranty period, subject to the exclusions set forth in this Limited Warranty.  Repair or replacement during this one (1) year warranty shall include reasonable labor charges necessary to repair or replace the defective product.  During the entire one (1) year warranty, the Company’s obligation as to repair or replacement shall further be limited to repair or replacement with the styles, models, products, colors, etc. of the Product that are available at the time of the repair or replacement, and shall be limited to the repair or replacement of only the specific Product that fails due to a manufacturing defect. Any repaired or replaced product shall also remain subject to the original one (1) year warranty from the date of the original purchase, and any repair or replacement shall not extend the original warranty period in any manner or start a new warranty period. There are no other remedies available under this warranty.

Disclaimer of Warranties

The Product must be stored, handled, installed, used and maintained in accordance with instructions provided by Company, and this Limited Warranty is conditioned upon compliance with all such instructions.  Copies of the Company’s instruction manual is available from the Company at the address listed below.  You may also obtain these materials on the Company’s website at arithmetype.com or by contacting the Company at (651-661-MATH(6284).. 

This Limited Warranty does not cover defects caused by:

• noncompliance with Company’s instruction manual.  Such failures include, but are not limited to, exposure to physical abuse, including, but not limited to liquid damage, chemical abuse (e.g. harsh cleansers and solvents), thermal abuse or shock (e.g. excessive heat or cold), mechanical abuse (forceful pressure/dropping) or misuse; 
• improper storage, installation, handling, and/or use of the Product;
• damage not resulting from manufacturing defects that occur while the Product is in the customer’s possession or its transportation or delivery;
• unreasonable or unintended use of Product; 
• minor conditions such as stains, scratches, etc;
• failure or dissatisfaction with the appearance of the Product.

Any information or suggestion by the Company with respect to the Product concerning applications, specifications or compliance with codes and standards is provided solely for your convenient reference and are made without any representation as to accuracy or suitability.  You must verify and test the suitability of any information with respect to the Product for your specific application.

THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY THE COMPANY IN CONNECTION WITH THIS PRODUCT.  THE COMPANY CAN NOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  PRODUCTS SOLD BY THE COMPANY ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY THE COMPANY IN WRITING.  OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.  THE COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE REPAIR OR REPLACEMENT OF A NON-CONFORMING PRODUCT, OR AT THE OPTION OF THE COMPANY, RETURN OF THE PRODUCT AND A REFUND OF THE PURCHASE PRICE.  THE BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PRODUCT PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER PRODUCTS OR SUBSTANCES. 

Limitation of Liability

No claim by the Buyer of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Product in respect to which damages are claimed.  IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE BUYER IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS OF BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCT SOLD HEREUNDER, OR FOR ANY LIABILITY OF THE BUYER TO ANY THIRD PARTY WITH RESPECT THERETO.