C&A Marketing, Inc. (“BCL”), as manufacturer of the BCL label printer (including its Hardware, Software and replacement parts, the “Product”) warrants to the End-User (as defined below) as follows:
For purposes of this Warranty,
- “End-User” means the original purchaser and user of the Product.
- “Hardware” means the physical Product purchased from BCL.
- “Product” means BCL-branded Hardware, Software or replacement parts.
- “Software” means any machine-readable instructions used by a processor to perform specific operations on the Product.
The Company warrants the Product against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (“Warranty Period”) with proof of purchase. If a Hardware defect arises and a valid claim is received within the Warranty Period, the Company, at its sole option and to the extent permitted by law, will either (1) repair the Product defect at no charge, using new or refurbished replacement parts, (2) exchange the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original device, or (3) refund the purchase price of the Product. A replacement Product or part thereof shall enjoy the warranty of the original Product for the remainder of the Warranty Period, or ninety (90) days from the date of replacement or repair, whichever provides you longer protection. When a Product or part is exchanged, any replacement item becomes your property, while the replaced item becomes the Company’s property. Refunds can only be given if the original Product is returned. In any case, End-User is responsible for freight to BCL and all costs and risks associated with this transportation. BCL shall be responsible for return shipment to End-User, unless BCL, in its sole and absolute discretion, determines that the affected Hardware is not defective or is not covered by this warranty, in which case End-User shall be responsible for return shipment. No charge will be made to End-User for warranty repairs if the repairs are covered. BCL shall not be responsible for any damage to or loss of any Software programs, data or removable data storage media, or the restoration or reinstallation of any Software programs or data. Warranty repair shall be performed in a good and workmanlike manner. The repair shall conform in all material respects to the applicable BCL published specification for a period of thirty (30) days following completion of the repair or until the end of the original warranty period, whichever is longer. End-User’s sole and exclusive remedy in regard to warranty repair shall be to request BCL to re-perform the non-conforming warranty repair.
Software “as is”
Software is licensed “as is” with no warranty, except that End-User may, for a period of 90 days from when the instance of Software or Hardware is first shipped by BCL or, with proof of purchase or license, from the purchase date whichever is later, obtain if available, releases and technical support from our website.
The above warranty provisions may not be transferred by an End-User to anyone else and shall not apply to any Product (i) that has been repaired, tampered with, altered or modified, except by BCL or its authorized repairer providers; (ii) to the extent that in BCL’s sole determination the defects or damage result from normal wear and tear, misuse, negligence, improper storage, water or other liquids including contamination with bodily fluids, battery leakage, use of parts or accessories not approved or supplied by BCL including but not limited to the print heads or engine, media, supplies, batteries and other peripherals, or failure to perform operator handling and scheduled maintenance instructions supplied by BCL; or (iii) that has been subjected to unusual physical or electrical stress, abuse, or accident, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable specification.
EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, BCL DISCLAIMS ALL WARRANTIES AND CONDITIONS ON HARDWARE, SOFTWARE OR WARRANTY REPAIR FURNISHED, INCLUDING ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR USE OR PURPOSE AND THAT SOFTWARE, SOLUTION, OR WARRANTY REPAIR WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE OR THE PROVISION OF WARRANTY REPAIR WILL BE UNINTERRUPTED, PRIVATE, TIMELY, SECURE, ACCURATE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN SOFTWARE WILL BE CORRECTED, OR THAT HARDWARE OR SOFTWARE, WILL BE COMPATIBLE WITH FUTURE PRODUCTS OR SOFTWARE VERSIONS OR INTEROPERATE WITH THIRD PARTY HARDWARE OR SOFTWARE. THE REMEDY SET FORTH IN THIS HARDWARE WARRANTY SECTION ABOVE IS END-USER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS AND IS EXPRESSLY IN LIEU OF ALL OTHER REMEDIES THAT MAY BE AVAILABLE TO END-USER AT LAW OR IN EQUITY. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to the particular End-User.
BCL SHALL NOT UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO ANY END-USER OR ANY THIRD PARTY FOR LOSS OF PROFITS (DIRECT OR INDIRECT), ANY DESTRUCTION OR LOSS OF DATA (DIRECT OR INDIRECT), DIMINUTION OF GOOD WILL, OR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER WITH RESPECT TO ANY CLAIM IN CONNECTION WITH BCL PRODUCTS. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the particular End User.
Any warranty claims shall be made to:
C&A Marketing, Inc.
114 Tived Lane East
Edison, NJ 08837
Attention: Warranty Claims