IMPROV Learning

We shall not be liable for any loss, damage, delays, changes in shipment schedules or failure to deliver caused by any event beyond its control, including, without limitation, accident, fire, actual or threatened strike or riot, explosion, mechanical breakdown (including technological or information systems), plant shutdown, unavailability of or interference with necessary transportation, any raw material or power shortage, compliance with any law, regulation or order, acts of God or public enemy, prior orders from others, or limitations on our or our suppliers' products or marketing activities or any other cause or contingency beyond our control. Limitation on Warranty and Remedies. Unless otherwise stated on the Invoice, we warrant to you that any Product will be free from defects in materials and/or workmanship for a period of one (1) year from the date of shipment. During the warranty period, we will, at our option: (i) repair the Product, or (ii) replace the Product with a comparable Product. Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product, and warranted for the remainder of the original warranty. If applicable, an additional limited warranty statement will be included with each product shipped to you. We reserve the right to modify this warranty statement at any time, in our sole discretion. We will honor any such warranty only upon receipt of payment in full for the product to be warranted. You represent that you have used your own independent skill and expertise in connection with the selection and use of the Products purchased pursuant to this Agreement, and that it will independently determine the suitability for each use for which it is purchased. THIS LIMITED WARRANTY DOES NOT COVER, AND SHALL AUTOMATICALLY BECOME NULL AND VOID, FOR THE FOLLOWING REASONS: ABUSE, MISUSE, ACCIDENT OR PROBLEMS WITH ELECTRICAL POWER; IMPROPER STORAGE, INSTALLATION, APPLICATION OR MAINTENANCE; FAILURE TO NOTIFY US OF A CLAIMED COVERED DEFECT WHEN AND AS REQUIRED BY THIS AGREEMENT; OR FAILURE TO USE THE PRODUCTS IN ACCORDANCE WITH OUR SPECIFICATIONS AND STANDARD OPERATIONAL GUIDELINES. THIS WARRANTY IS EXCLUSIVE, AND EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE A CREDIT FOR THE COST OF SUCH PRODUCTS OR, AT OUR OPTION, REPLACEMENT OF SUCH PRODUCTS. WE SHALL UNDER NO CIRCUMSTANCES, WHETHER FOR A FAILURE OF ITS LIMITED REMEDY OR OTHERWISE, BE LIABLE TO YOU OR OTHERWISE FOR SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN OFFICER OF Atlantic Training.