By purchasing Obvius products, buyer agrees that all of the following terms and conditions apply to every purchase and supersede any purchase order terms or acknowledgment:
Payment terms are stated on each invoice. Buyer agrees to pay finance charges of 18% per annum on any past due amount. Buyer further agrees to pay any court costs, collections or attorney fees if legal action must be taken to recover any unpaid balance. Buyer agrees that Oregon law will govern all purchases and that the venue for jurisdiction shall be Washington County, Oregon.
Obvius provides this warranty for all its products in lieu of all other warranties (whether express or implied), including any implied warranty of merchantability or fitness for a particular purchase. This warranty is the buyer’s exclusive remedy for all claims against Obvius. Obvius will not be liable for any consequential or incidental damages and total liability shall be limited to the purchase price of the product.
Obvius promises buyer that any product manufactured by Obvius shall be free from all material defects in material or manufacture for a period of 2 years from the date of sale. This warranty does not include ordinary wear and tear or replaceable components (e.g., batteries). During the warranty period, Obvius will repair or replace (at its sole discretion) any product shown to be defective under this warranty at no charge to buyer. Returned freight prepaid by buyer. The warranty shall remain in full force and effect for such 2 year period, provided that the product: (1) was installed, operated, and maintained properly; (2) has not been abused or misused; (3) has not been repaired, altered, or modified outside of Obvius’ authorized facilities; (4) has not been sold subject to other warranty terms specified at the time of sale; and (5) is still owned by the original purchaser. This warranty provides specific legal rights that may be varied by state law. Obvius’ products are not intended for use in critical applications such as nuclear facilities, human implantable devices or life support. Obvius is not liable, in whole or in part, for any claims or damages arising from such uses.
New, unused products sealed in the original packaging may be returned within 90 days of original purchase. Obvius reserves the right to refuse any returns of obsolete products. Products returned for reasons other than warranty are subject to a 20% restocking fee. Custom products may not be returned, other than for warranty or repair.
Obvius product specifications are subject to change without notice.