12
Limited Warranty (U.S. only)
LIMITED WARRANTY, DISCLAIMER OF WARRANTIES AND LIMITED REMEDY
(A) LIMITED WARRANTY. FRANKLIN WARRANTS TO THE ORIGINAL END USER THAT FOR
A PERIOD OF ONE (1) YEAR FROM THE ORIGINAL DATE OF PURCHASE AS EVIDENCED BY
A COPY OF YOUR RECEIPT, YOUR FRANKLIN PRODUCT SHALL BE FREE FROM DEFECTS
IN MATERIALS AND WORKMANSHIP. THIS LIMITED WARRANTY DOES NOT INCLUDE
DAMAGE DUE TO ACTS OF GOD, ACCIDENT, MISUSE, ABUSE, NEGLIGENCE,
MODIFICATION, UNSUITABLE ENVIRONMENT OR IMPROPER MAINTENANCE. THE SOLE
OBLIGATION AND LIABILITY OF FRANKLIN, AND YOUR EXCLUSIVE REMEDY UNDER
THIS LIMITED WARRANTY, WILL BE REPAIR OR REPLACEMENT WITH THE SAME OR AN
EQUIVALENT PRODUCT OF THE DEFECTIVE PORTION OF THE PRODUCT, AT THE SOLE
OPTION OF FRANKLIN IF IT DETERMINES THAT THE PRODUCT WAS DEFECTIVE AND THE
DEFECTS AROSE WITHIN THE DURATION OF THE LIMITED WARRANTY. THIS REMEDY IS
YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. THIS WARRANTY GIVES
YOU CERTAIN RIGHTS; YOU MAY ALSO HAVE OTHER LEGISLATED RIGHTS THAT MAY
VARY FROM JURISDICTION TO JURISDICTION.
(B) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. EXCEPT FOR THE
LIMITED WARRANTIES EXPRESSLY RECITED ABOVE, THIS FRANKLIN IS PROVIDED ON
AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE
QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE
ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THIS
WARRANTY APPLIES ONLY TO PRODUCTS MANUFACTURED BY FRANKLIN AND DOES
NOT INCLUDE BATTERIES, CORROSION OF BATTERY CONTACTS OR ANY OTHER DAMAGE
CAUSED BY BATTERIES. NEITHER FRANKLIN NOR OUR DEALERS OR SUPPLIERS SHALL
HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER
COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR THEY ARE OTHERWISE FORESEEABLE. WE ARE
ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE
LIABILITY TO YOU, AND THAT OF OUR DEALERS AND SUPPLIERS, SHALL NOT EXCEED
THE AMOUNT PAID BY YOU FOR THE FRANKLIN PRODUCT AS EVIDENCED BY YOUR
PURCHASE RECEIPT. YOU ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF
RISK. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF THE LAWS OF THE RELEVANT JURISDICTION DO NOT PERMIT
FULL WAIVER OF IMPLIED WARRANTIES, THEN THE DURATION OF IMPLIED WARRANTIES
AND CONDITIONS ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY
GRANTED HEREIN.
(C) WARRANTY SERVICE: UPON DISCOVERING A DEFECT, YOU MUST CALL FRANKLIN’S
CUSTOMER SERVICE DESK, 1-800-266-5626, TO REQUEST A RETURN MERCHANDISE
AUTHORIZATION (“RMA”) NUMBER, BEFORE RETURNING THE PRODUCT
(TRANSPORTATION CHARGES PREPAID) TO:
FRANKLIN ELECTRONIC PUBLISHERS, INC.
ATTN: SERVICE DEPARTMENT
ONE FRANKLIN PLAZA
BURLINGTON, NJ 08016-4907
IF YOU RETURN A FRANKLIN PRODUCT, PLEASE INCLUDE A NOTE WITH THE RMA, YOUR
NAME, ADDRESS, TELEPHONE NUMBER, A BRIEF DESCRIPTION OF THE DEFECT AND A
COPY OF YOUR SALES RECEIPT AS PROOF OF YOUR ORIGINAL DATE OF PURCHASE. YOU
MUST ALSO WRITE THE RMA PROMINENTLY ON THE PACKAGE IF YOU RETURN THE
PRODUCT, OTHERWISE THERE MAY BE A LENGTHY DELAY IN THE PROCESSING OF YOUR
RETURN. WE STRONGLY RECOMMEND USING A TRACKABLE FORM OF DELIVERY TO
FRANKLIN FOR YOUR RETURN.