Remedies

Question

Remedies

Accepted Answer

Remedies

The sole and exclusive obligation of Sunshine and the buyer’s exclusive remedy under this warranty is for Sunshine to repair or replace any defective Sunshineproduct. Sunshine will retain sole discretion as to which of these remedies Sunshine will provide to the buyer. On-site warranty service is not covered and will be at the buyer’s own expense, unless authorized by Sunshine in writing previous to the commencement of the on-site warranty service.

The buyer must notify Sunshine within 30 business days of learning of any accident or incident involving Sunshine products.

Sunshine retains the right to either examine Sunshine products in situ or issue shipping instructions for the return of the product. Pursuant to confirmation by Sunshine that the defect is covered by this warranty the repaired or replaced product will be covered under the original two-year warranty for the remainder of the period during which it is applicable.

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Limited Product Warranty

This limited product warranty includes all products sold under the Sunshine brand name. All Sunshine products, including parts used in all Sunshine products have a warranty guaranteeing that they will comply with our published specifications and be free from defects for a period of two years from the date of invoice from Sunshine. Exceptions will be made only in the event that a different time period has been set forth in the Sunshine product manual, user guide, or any other product document.

Firmware

Firmware that is contained in any Sunshine product and properly installed with any Sunshine-specified hardware has a warranty of two years from date of invoice from Sunshine, guaranteeing performance in accordance with Sunshine’s published specifications, unless otherwise provided in a separate licensing agreement, and is subject to the limitations for third-party products set forth below.

Exclusions

Prior to use, the buyer shall determine the suitability of the Sunshine product for his or her intended purpose and will assume all risk and liability whatsoever in connection therewith. This warranty shall not be applicable to any Sunshine products having been subjected to misuse, neglect, improper storage and handling, installation, accidental damage, or having been altered in any way by persons other than Sunshine or those people authorized by Sunshine. Third-party products are not covered under this warranty.

Nonconforming products should not be returned to Sunshine unless:

1) Product is unused,

2) Product is provided in its original packaging,

3) And product is accompanied by Sunshine's Return Material Authorizaton.

Limitation on Liability

In no case will Sunshine be liable to the buyer or to any third parties for any special, punitive, consequential, or indirect damage or damages, including without limitation the loss of capital, use, production or profits, arising from any cause whatsoever, even in the event that Sunshine has been advised of the possibility of such damage or damages.