All products have been thoroughly tested to be free of defects in material and workmanship. If any product should malfunction while used in its recommended environment during the applicable warranty period, EP Holdings, Inc. (EP Holdings, Inc.- Action Sport Drives), at its option, will repair or replace the product at no charge, provided the product or any part thereof has not been abused, misused, neglected, replaced, repaired, or modified. EP Holdings, Inc. shall make the final determination as to the existence and cause of any defect. No warranty is made with respect to custom products produced to original Buyer specifications, except as specifically stated in writing by EP Holdings, Inc.. Buyer acknowledges and agrees that neither EP Holdings, Inc. nor any agent or representative of EP Holdings, Inc. has made any warranty, promise or guarantee regarding the product or its suitability for any particular use except as expressly set forth herein. EP Holdings, Inc.'s warranty shall not be enlarged, diminished, or affected by, and no obligation or liability shall arise or grow out of, EP Holdings, Inc.'s rendering of technical advice or service in connection with any product furnished there under. EP Holdings, Inc. makes no representation or warranty whatsoever to Buyer with respect to the performance, appropriate use, safety or characteristics of the products, except as expressly provided herein. EP Holdings, Inc. reserves the right to make modifications to both hardware and software without prior notification. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES ON ALL PRODUCTS ARE NOT TRANSFERABLE TO ANY OTHER PRODUCT NOR ANY OTHER PERSON.
The following EP Holdings, Inc. products are covered by this warranty for a period of two (2) years from the date of original purchase: USB SkateDrive®, USB SurfDrive®, USB SnowDrive® and USB Capless GorillaDrive™.
THE FOREGOING IS THE COMPLETE WARRANTY FOR EP HOLDINGS, INC. PRODUCTS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO EP Holdings, Inc. PRODUCTS AND EP Holdings, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EP Holdings, Inc. BE LIABLE TO THE PURCHASER OR TO THE USER OF AN EP Holdings, Inc. PRODUCT FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS, LOST PROFITS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE OR INABILITY TO USE THE EP Holdings, Inc. PRODUCT, EVEN IF EP HOLDINGS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.