Berk Technology Inc. products carry a 1 year manufacturer warranty from date of purchase with original receipt. Warranty is non-transferrable. Berk Technology Inc.’s warranty obligations for this hardware product are limited to the terms set forth below:
Berk Technology Inc., as defined below, warrants this hardware product against defects in materials and workmanship under normal use for a period of 1 year from the date of retail purchase by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid claim is received by Berk Technology Inc. within the Warranty Period, at its option and to the extent permitted by law, Berk Technology Inc. will either (1) repair the product at no charge, using new parts or parts equivalent to new in performance and reliability, (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. Berk Technology Inc. may request that you replace defective parts with new or refurbished user-installable parts that Berk Technology Inc. provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by Berk Technology Inc., assumes the remaining warranty of the original product. Parts provided by Berk Technology Inc. in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to Berk Technology Inc. and becomes Berk Technology Inc.’s property. Installation, removal, shipping, and other incidental charges are not covered under warranty. Any damage that may arise out of use of the product is not covered under warranty. Any property damage that occurs during use of the product is not covered under warranty. Any physical injury, bodily harm, or death that occurs during use of the product is not covered under warranty.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, BERK TECHNOLOGY INC. SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF BERK TECHNOLOGY INC. CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY BERK TECHNOLOGY INC. IN ITS SOLE DISCRETION.
No Berk Technology Inc. reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
All Berk Technology Inc. products are sold with no emissions warranty whatsoever. All Berk Technology Inc. products are for off road use only and may never be used on a public road.
CHOICE OF LAW
All terms and conditions of all transactions shall be governed by the laws of the State of California. No legal proceeding pertaining to any matter arising under or growing out of this transaction shall be instituted in any state other than California. Any legal proceeding with respect to this Agreement shall be filed in the appropriate Court in Orange County, California.
RETURNS AND EXCHANGES
Inspection of product should occur immediately upon arrival. Any claims of shortage or errors originating at Berk Technology Inc. must be made within 5 business days from received date. Damage to product or packaging must be claimed in accordance with the carrier’s policies. Returns are subject to the following:
• Retailers/Distributors must contact our offices via email within 30 days of order shipment to receive a Return Merchandise Authorization (RMA) number.
• Returns must be 100% complete with all parts in original packing and unused/undamaged. Boxes, manuals and warranty information (if any) must be intact.
• A completed Return Merchandise Authorization Form (RMA) must accompany the merchandise.
• Your RMA number must be written on the OUTSIDE of the box, next to your shipping label. This is very important as returns without an RMA number will be refused.
• Retailers/Distributors are responsible for shipping and handling charges on all returned items.
• Shipping charges are non-refundable and shall be deducted when issuing the refund.
• Special order items and electrical parts cannot be returned unless they are defective.
• All returned items are subject to a 25% restocking charge unless error is the fault of Berk Technology Inc..