GOTECH LIMITED WARRANTY
A) Limited Warranty. Subject to the limitations set forth below, Wells warrants to the original consumer purchaser that the GoTech™ diagnostic device will be new and not refurbished, if sold to you by a retailer in its original, unopened packaging and not otherwise designated by the retailer as “refurbished” or “returned”. Wells further warrants to the original consumer purchaser that for one (1) year from purchase, the GoTech™ diagnostic device will be of good construction without defect in design or workmanship. To initiate a warranty claim, contact Wells Customer Service at: 1-800-558-9770. Wells requires your full cooperation with its claims handling procedures, including a requirement that you provide your proof or purchase, verification that you are the original consumer purchaser and other documentation in order to process any warranty claim. When making a warranty claim, you agree to fully cooperate with the Wells claims procedures, including, without limitation, the requirements that you submit your GoTech™ diagnostic device to Wells (at Wells’ sole cost and expense) for Wells’ evaluation and inspection. If you submit a valid warranty claim, Wells will, in its sole discretion either: i) repair your non-conforming GoTech™ diagnostic device at no charge so that it is conforming; ii) replace your non-conforming GoTech™ diagnostic device with a conforming device at no charge or iii) refund your purchase price, net of rebates or other pricing promotions which you may have received.
B) Acts of Termination/What This Warrant Does Not Cover/Limitations. Wells offers its warranty to the original consumer purchaser of the GoTech™ diagnostic device. The warranty terminates the earlier of the date the original consumer purchaser sells the GoTech™ diagnostic device or one (1) year. The warranty provided by Wells does not cover: i) damage of the GoTech™ diagnostic device due to casualty, misuse or acts of God, however incurred or ii) any use of GoTech except as permitted. Wells makes no warranties that GoTechTM mobile application will be error-free and thus any output is provided to you in an AS-IS, AS AVAILABLE and WITH ALL-FAULTS basis. Wells does not warrant that access to the GoTechTM mobile application will be available or un-interrupted.
C) How State Law Applies. This Limited Warranty gives you specific legal rights, and you may also have other rights which may vary from state-to-state.
D) Limitation of Liability. you agree that Wells’ TOTAL liability to you will be limited to the LESSER OF YOUR ACTUAL DAMAGES OR THE price you paid for THE GoTech DIAGNOSTIC DEVICE. Wells disclaims any and all express or implied warranties, including the implied warranties of merchantability or fitness for a particular purpose. Wells will not be liable to you for incidental, consequential or punitive damages, including lost profits, even if Wells has been made aware that such damages are possible. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.