Every pen sold by Gate City Pen Company (“we,” “our,” and ”us”), is warranted against defects in material and workmanship for a period of ten years from the date of its original retail purchase. This warranty shall commence upon the return to us of the original registration card packaged with the pen when it was purchased, and shall remain in force so long as the pen is owned by the original purchaser (“you” and “your”). This warranty is not transferable to subsequent owners.
Should it be determined that your pen is defective, we shall, at our option, repair or replace the pen. If we elect to replace the pen, the replacement pen will be one of the same model if available. If we cannot provide a replacement of the same model, we shall provide as similar a pen as possible.
This warranty shall be void if your pen’s registration card is not on file with us. In this case, or if the need for repair or replacement arises out of damage to the pen, we shall assess appropriate charges for repair or replacement and will contact you to obtain your approval before we proceed to repair or replace the pen.
In all cases, you are responsible for costs incurred in conveying the pen to us or to our authorized agent. If we repair or replace your pen under the terms of this warranty, we shall send the repaired pen or its replacement to you at our expense; if the repair or replacement is not covered by this warranty, you must pay the costs of conveying the pen to you.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW WARRANTIES.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PEN EVEN IF WE OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Copyright © 2010-2015 Gate City Pen Company