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PENDRIVER ONE YEAR LIMITED WARRANTY
PENDRIVER ONE YEAR LIMITED WARRANTY gTool expressly warrants to the original retail purchaser of the accompanying PenDriver and no one else, all parts of the product (except those parts referred to below which are specifically excluded from such warranty (see Exclusions)) to be free from defects in materials and workmanship for a period of one year from original date of purchase. SPECIAL WARRANTY NOTE TO CONTRACTORS AND COMMERCIAL USERS: The PenDriver is offered as a home use tool and carries a HOME USE WARRANTY. This tool is made for home use in the execution of projects and repairs in and around the home. Use of the tool for COMMERCIAL PURPOSES OR ON A JOBSITE is not covered under this warranty. The date of purchase shall be the date of shipment to the original purchaser, or the date the original purchaser took possession, custody or control of the product, whichever occurred first. This warranty shall be null and void if the product or any component thereof is modified, altered or used for any commercial purpose or on a jobsite. This warranty does not apply to any other product and/or component thereof manufactured or distributed by gTool, and does not apply to products and/or components thereof designed, manufactured and/or assembled by others, or which gTool makes no warranties whatsoever. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. WARRANTY PERFORMANCE By purchasing the product, purchaser expressly acknowledges and agrees that their sole and exclusive remedy under this warranty shall be strictly limited to the repair or replacement of any covered nonconforming items or parts thereof provided that any such nonconforming item and/or part is promptly returned to gTool’s facility postage pre-paid and insured (address: gTool Warranty Claims & Repair, BlockD Southdowns Office Park, Centurion, South Africa, Attn: Customer Service) within the applicable warranty period, with a written request by purchaser that gTool repair and/or replace the nonconforming item and/or part. We recommend that you keep the original product packaging in the event you need to ship the unit. We suggest the package be insured against loss or in transit damage. When sending your product include your name, address, phone number, dated proof of purchase (or copy), and a statement about the nature of problem. Warranty coverage is conditioned upon purchaser furnishing gTool with adequate written proof that they are the original purchaser and of the original purchase date. Parts returned, freight prepaid and insured, to gTool’s facility (see above address) will be inspected and, at gTool’s option, repaired and/or replaced free of charge if found to be defective and subject to warranty. gTool retains the sole discretion to determine whether any item or part is nonconforming and, if so, whether the item and/or part will be repaired and/or replaced. If the unit is repaired, new or reconditioned replacement parts may be used. If gTool chooses to replace the product, it may replace it with a new or reconditioned one of the same or comparable design. The repaired or replaced unit will be warranted under the terms of the remainder of the warranty period. Typically, a defective product that is returned within the first 30 days after the purchase date will be replaced; for items returned after the first 30 days and within the warranty period, covered defective parts not subject to normal wear and tear or other exclusions will be repaired or replaced, at gTool’s option. During the warranty period, gTool will be responsible for the return shipping charges. gTool’s repair and/or replacement of any nonconforming item and/or part thereof shall constitute fulfillment of all obligations to the purchaser. gTool shall not be responsible or liable for any expense, including freight charges, or repairs made outside gTool’s facility, unless expressly agreed to by gTool in writing. Under no circumstances shall gTool bear any responsibility for loss of the unit, loss of time or rental, inconvenience, commercial loss or consequential damages. EXCLUSIONS This warranty does not cover parts damaged due to normal wear, abnormal conditions, misapplication, misuse, abuse, accidents, operation at other than recommended pressures or temperatures, improper storage or freight damage. Parts damaged or worn by operation in dusty, damp, moist and/or wet environments are not warranted. Failure to follow recommended operating and maintenance procedures also voids warranty. This limited warranty does not apply to accessory items such as bits and other related items. DAMAGE TO THE PRODUCT RESULTING FROM TAMPERING, ACCIDENT, ABUSE, NEGLIGENCE, FAILURE TO FOLLOW INSTRUCTIONS, UNAUTHORIZED REPAIRS OR ALTERATIONS, DAMAGE WHILE IN TRANSIT TO OUR SERVICE FACILITY, USE OF UNAPPROVED OR IMPROPER ATTACHMENTS OR ACCESSORIES, COMMERCIAL AND RENTAL APPLICATIONS OR OTHER CAUSES UNRELATED TO PROBLEMS WITH MATERIAL OR WORKMANSHIP ARE NOT COVERED BY THIS WARRANTY. gTool will not be liable for the following: labor charges, loss or damage resulting from improper operation, maintenance or repairs made by other persons; pre-delivery services such as assembly, oil or lubricants, and adjustment; maintenance services that are normally required to maintain the product. The use of other than genuine gTool Repair Parts will void warranty. WARRANTY DISCLAIMERS EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, ALL OTHER EXPRESS WARRANTIES, GUARANTIES AND/OR REPRESENTATIONS BY gTool AND/OR ITS REPRESENTATIVE(S) REGARDING THE DESIGN, MANUFACTURE, PURCHASE, USE AND/OR OPERATION OF THE PRODUCT OR ANY COMPONENT THEREOF SOLD HEREUNDER, REGARDLESS OF WHETHER ANY SUCH WARRANTY, GUARANTY AND/OR REPRESENTATION, WRITTEN OR ORAL, ARISES BY OPERATION OF LAW AND/OR EQUITY AND/OR BY ANY ACT OR OMISSION OF gTool AND/OR ITS REPRESENTATIVE(S), OR THE BUYER, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY gTool AND/OR ITS REPRESENTATIVES. PURCHASER KNOWINGLY AND WILLINGLY WAIVES ANY AND ALL SUCH WARRANTIES AND RIGHTS, CLAIMS AND/OR CAUSES OF ACTION ARISING THEREFROM OR BASED THEREON. PURCHASER’S SOLE AND EXCLUSIVE REMEDY IS AS STATED ABOVE. EXCLUSION AND DISCLAIMER OF ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY, ORAL OR WRITTEN, OTHER THAN THE ABOVE WARRANTY IS MADE WITH REGARD TO THIS PRODUCT. ALL EXPRESS AND/OR IMPLIED WARRANTIES, GUARANTIES AND/OR REPRESENTATIONS BY gTool AND/OR ITS REPRESENTATIVE(S) REGARDING THE DESIGN, MANUFACTURE, PURCHASE, USE AND/OR OPERATION OF THE PRODUCT OR ANY COMPONENT THEREOF SOLD HEREUNDER, REGARDLESS OF WHETHER ANY SUCH WARRANTY, GUARANTY AND/OR REPRESENTATION, WRITTEN OR ORAL, ARISES BY OPERATION OF LAW AND/OR EQUITY AND/OR BY ANY ACT OR OMISSION OF gTool AND/OR ITS REPRESENTATIVE(S), OR THE PURCHASER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY gTool AND/OR ITS REPRESENTATIVES. PURCHASER KNOWINGLY AND WILLINGLY WAIVES ANY AND ALL SUCH WARRANTIES AND RIGHTS, CLAIMS AND/OR CAUSES OF ACTION ARISING THEREFROM OR BASED THEREON. PURCHASER’S SOLE AND EXCLUSIVE REMEDY IS AS STATED ABOVE. LIMITATION OF LIABILITY IN NO EVENT SHALL gTool AND/OR ITS REPRESENTATIVE(S) BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY BREACH OF ANY PROVISION OF ANY AGREEMENT BETWEEN gTool AND/OR ITS REPRESENTATIVE(S) AND PURCHASER, ANY WARRANTY HEREUNDER, AND/OR THE EXISTENCE, DESIGN, MANUFACTURE, PURCHASE, USE AND/OR OPERATION OF ANY ITEM(S) SOLD HEREUNDER EVEN IF gTool AND/OR ITS REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT, WHETHER AS A RESULT OF A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL gTool’S AND/OR ITS REPRESENTATIVE(S)’ LIABILITY EXCEED THE PRICE OF THE PRODUCT. ANY AND ALL LIABILITY CONNECTED WITH THE USE OF THIS PRODUCT SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIODS SPECIFIED ABOVE. LIMITATIONS ON WARRANTY DISCLAIMERS Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of the incidental or consequential damages, so part or all of the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If your product is not covered by this warranty, please contact us on our website www.gTool.com for general repair information and charges.
Whowins Ltd 3b 181 Des veoux Road Sheng Wan Hong Kong Luke@gtool.com
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