Standard Limited Warranty
Ketra, Inc. (“ Ketra ”) warrants that, when installed in accordance with Ketra’s written installation instructions, the Ketra products for which the Ketra Specification Sheet contain the words “standard limited warranty” (“ Products ”) will comply with Ketra’s published specifications for such products and will be free from material defects in material and workmanship under normal use for the applicable period of time from the date of shipment, as outlined below under “Warranty Product Categories.” This limited warranty extends only to the end user customer that purchased the Products, either directly from Ketra or from an authorized reseller of the Products, for such customer’s own use and not for further resale (a “ Customer ”). This limited warranty is non-transferable.
As Customer’s sole and exclusive remedy and Ketra’s entire liability for any breach of this limited warranty, Ketra will, at its sole option and expense, either repair or replace the non-conforming or defective Product (or component thereof). Customer must provide warranty claims to Ketra within the warranty period promptly upon discovery and in accordance with Ketra’s then-current Return Material Authorization (RMA) Procedures as outlined further below. If Ketra replaces a Product under this warranty, the replacement Product is warranted for the unexpired portion of the original warranty period.
Ketra products are warranted to be free from material defects in material and workmanship for five (5) years from date of shipment.
Conditions and Exclusions
Ketra will have no obligation and this limited warranty will not apply if the Product is:
This limited warranty does not include any labor or materials costs that Customer may incur in order to have removed or reinstalled any Product that Ketra has repaired or replaced, including without limitation any labor or materials costs for modifications or repairs to facilities or third-party products in connection with which the repaired or replaced Products are used.
This limited warranty does not cover normal wear and tear, the exterior of mechanical damage that is not due to a Product non-conformity or defect or cosmetic repairs.
Return Material Authorization (RMA) Procedures
End users (those purchasing product from Customers of Ketra, and not directly from Ketra) should direct all inquiries for returns to the Customer from whom the end user purchased product, and not Ketra.
Customers wishing to return a Product covered by this Standard Limited Warranty must first contact Ketra directly and, if deemed necessary, obtain a Return Material Authorization (“ RMA ”) form which includes a unique RMA number. Customers may contact Ketra directly by emailing firstname.lastname@example.org.
Once an RMA has been authorized, the RMA form provided by Ketra should be attached to the outside of the box containing the Product being returned and the RMA number should also be prominently displayed on the outside of the box. Customer’s name, phone number and email address should be included on a packing slip so that Ketra may easily contact Customer. Each Product being returned must be packaged carefully and properly so as to prevent damages during shipment and must be shipped freight prepaid. Ketra recommends that Customer obtain a proof of delivery to ensure that the Product is received.
Returned product must be shipped to:
6231 E. Stassney Lane
Building 13, Suite 400
Austin, Texas 78704
If Ketra determines that a Product return is covered under this Standard Limited Warranty, Ketra will repair or replace the Product at no charge and the repaired or replacement Product will be returned to Customer at no charge. If Ketra determines that a Product is not covered, Ketra may assess a labor charge for the evaluation process and Customer will be responsible for all return shipping charges and fees.
Disclaimer of Warranties
THE LIMITED WARRANTY SET FORTH IN THIS STANDARD LIMITED WARRANTY IS IN LIEU OF, AND KETRA EXPRESSLY DISCLAIMS AND CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. NO ORAL OR WRITTEN STATEMENT OR REPRESENTATION BY KETRA, ITS AGENTS OR EMPLOYEES SHALL CONSTITUTE OR CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS STANDARD LIMITED WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY MADE HEREUNDER.
Limitation of Liability
IN NO EVENT WILL KETRA BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE PURCHASE, SALE, INSTALLATION, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT WILL KETRA’S LIABILITY TO CUSTOMER ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE PURCHASE, SALE, INSTALLATION, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER TO KETRA OR TO AN AUTHORIZED RESELLER FOR THE PRODUCTS THAT GIVE RISE TO A CLAIM FOR LIABILITY. KETRA AND CUSTOMER HAVE AGREED THAT THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS STANDARD LIMITED WARRANTY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
This Standard Limited Warranty shall be construed and enforced in accordance with the laws of the State of Texas, USA, without regard to such state’s laws related to conflict of laws.