KMDSI warrants every new Mask, Helmet, Scuba Regulator, Manifold Block or Kirby Morgan Air Control System 5 (KMACS 5) (each, a Product) to be free from defects in workmanship for a period of three hundred sixty five (365) days from the date of purchase from a KMDSI authorized dealer. This warranty covers all metal and plastic parts, but does NOT cover rubber parts, communications components, or head and chin cushions. In addition, due to the electrolytic nature of underwater cutting and welding, chrome plating cannot be warranted when the diver engages in these activities.
Any defect of the product in workmanship or material covered by this warranty discovered within three hundred sixty five (365) days from the date of purchase must be promptly communicated in writing to the nearest authorized KMDSI dealer or (if no such dealer in the buyer’s country) contact KMDSI directly at (805) 928-7772. No Product returns will be accepted by KMDSI without a returned merchandise authorization (RMA) number from KMDSI. Upon receipt of the RMA from KMDSI, the buyer should return the defective Product or part, freight prepaid, to an authorized KMDSI dealer or the KMDSI plant, as directed by the RMA. KMDSI will repair or replace the Product at no charge, within a reasonable time, as it deems necessary.
This warranty is null and void if:
The Product is not registered with KMDSI within ten (10) days of purchase, or
The Product has not been properly serviced and/or maintained according to KMDSI factory recommended procedures described in the manual or Product updates have not been performed as recommended by KMDSI, or
Unauthorized attachments or modifications have been made to the Product, or
The Product has been used for purposes other than those for which it was designed, or otherwise has been abused, misused, or subjected to unusual conditions, or the Product's intended service has been exceeded.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCT COVERED BY THIS WARRANTY IS MARKETED AND SOLD BY KMDSI SOLELY FOR COMMERCIAL OR INDUSTRIAL USE AND IS NOT A CONSUMER PRODUCT INTENDED FOR PERSONAL, FAMILY, OR HOUSEHOLD USE.
In purchasing any Product subject to this warranty, the buyer agrees that its sole and exclusive remedy and KMDSI’s entire obligation in contract, tort, or otherwise under this contract will be repair or replacement at KMDSI’s option of the Product or any parts which KMDSI determines during the applicable warranty period are defective in workmanship or material covered by this warranty. All exchanged parts are the property of KMDSI. The buyer’s exclusive remedy and the KMDSI’s entire liability in contract, tort, or otherwise is the payment by KMDSI of the buyer’s actual damages up to but not to exceed the amount paid by the buyer for the Product.
In no event shall KMDSI be liable to the buyer for indirect, special, incidental or consequential damages (including, but not limited to, damages for lost profits, lost sales, loss of business opportunity, or for injury to persons or property arising out of the use of the Product). Any claim or action for breach of warranty must be commenced within one year following delivery of the Product to the buyer.
Buyer acknowledges that this warranty is the sole and exclusive warranty of the Product and that it supersedes any and all oral or written representations and undertakings between KMDSI, its dealers, and the buyer relating to the Products. This warranty allocates the risks of product failure between KMDSI and the buyer, which allocation is recognized by both parties and is reflected in the price of the goods. The buyer acknowledges that it has read this agreement, understands it, and is bound by its terms.