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WARRANTY AND LIABILITY LIMITATION – NEW PRODUCT AND TESTED PRODUCT

Subject to the provisions set forth herein, (a) all New Products carry a forty-five (45) day warranty from the date of invoicing, which provides that the New Product will perform to the original manufacturer’s specifications as demonstrated by the manufacturer’s diagnostics, (b) all Tested Products carry a forty-five (45) day warranty from the date of invoicing, which provides that the Tested Product will perform as described in the auction details.  Cascade’s sole responsibility is to replace or repair, at its option, any component that does not function as described.  If the New Product or Tested Product that you purchased does not function as described, you must, within the forty-five day period, call Cascade to receive a return authorization number and return to Cascade the New Product or Tested Product along with the authorization number.  New Products and Tested Products shall not be returned to Cascade without an authorization number.  Cascade will perform the replacement or repair, at its option, within a reasonable period of time, not to exceed one (1) week (excluding shipping time).  In the event the New Product or Tested Product cannot be replaced or repaired, Cascade will issue a refund in the amount of the original purchase price of the New Product or Tested Product.  Any modification to the New Product or Tested Product by you voids all warranties and repairs to the New Product or Tested Product will be performed at Cascade’s then current hourly rates, subject to the then current minimum charge.  In no event shall Cascade have any liability for any damages, whether incidental, consequential, punitive or otherwise (even if Cascade has been advised of the possibility of such damages), for any breach of warranty or any other act, omission, default or breach, including, but not limited to, any liability for lost profits, product recall costs or any loss of business or goodwill.  THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SERVICE CONDITION, SERVICE OVER ANY PERIOD OF TIME, OR NONINFRINGEMENT, EACH OF WHICH CASCADE HEREBY EXPRESSLY DISCLAIMS IN ITS ENTIRETY.  By purchasing a New Product or Tested Product, whether you purchase in bulk or through eBay or Cascade’s website, you acknowledge that you have had an opportunity to review Cascade’s warranty terms, have done so to the degree that you are familiar with them, and you accept their terms and conditions, including the limitations, exclusions and disclaimers in them. 

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