Subject to the terms provided herein, all returns for exchange, refund or credit must be made within fourteen (14) days from the date of purchase. All questions or comments relating to returns should be referred to firstname.lastname@example.org or by calling (714) 832-8874.
To qualify for an exchange, refund or credit, the product must be in re-sellable condition, which shall be determined at Geckodrive's sole discretion. Factors affecting the re-sellable condition of a product shall include, but are not limited to: obvious signs of use or abuse; customer negligence; excessive wear and tear and/or damaged/missing product or parts. Where it is determined, at Geckodrive's sole discretion, that the product is, in fact, re-sellable, Customer will be given a full refund or credit for the product, less the cost of shipping. Customer should expect a refund within 7 to 14 business days of Geckodrive's receipt of the product.
All products returned to Geckodrive for evaluation and/or repair must be accompanied by the appropriate "product returns" form found in the "support" section of this website. If an item is shipped back for evaluation and/or repair any defective parts covered by warranty will be replaced with similar or equivalent part(s) at no cost to the Customer. However, any part that is different from the original configuration will require the Customer to purchase the part at cost.
CUSTOM PARTS AND PRODUCTS DO NOT QUALIFY FOR REFUND OR CREDIT.
Geckodrive warrants to the original purchaser that any part of its product purchased will be free of defects in workmanship and parts for a period of twelve (12) months from the date of delivery (hereinafter "Warranty Period"). During the Warranty Period, Geckodrive will, at its option: (1) provide replacement parts necessary to repair the product; (2) replace the product with a comparable product; or (3) refund the amount Customer paid for the product upon its return. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of thirty days for the US or the remainder of the warranty period. Any additional purchases or upgrades will not extend this warranty. This product warranty covers normal use only. This product warranty does not cover damage caused during shipment and any damage caused by: actions that are beyond Geckodrive's control, including without limitation, impacts, fluids, fire, flood, wind, earthquake, lightning or similar disaster, war, lockout, epidemic, destruction of production facilities, riot, insurrection, or material unavailability; unauthorized modifications, attachments or peripherals; improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse or mishandling.EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, GECKODRIVE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. GECKODRIVE'S AND CUSTOMER'S MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE CUSTOMER PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED UNDER THE APPLICABLE LAW. NEITHER CUSTOMER NOR GECKODRIVE WILL BE LIABLE TO THE OTHER FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, "DOWN TIME", CUSTOMER'S TIME, LOSS OF USE OF RELATED EQUIPMENT, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ABSOLUTE OR STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER THE APPLICABLE LAW. THIS AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
LIMITATION OF LIABILITY
Customer's exclusive remedy with respect to any claim concerning this Agreement or any goods sold pursuant to this Agreement shall be for damages. Geckodrive's liability with respect to any claim concerning the products sold shall not exceed the purchase price of the particular goods with respect to which the claim is made, or, at Geckodrive's option, the repair or replacement of those goods. These amounts are agreed upon as liquidated damages and not as penalties.
It is intended and expressly agreed that the purpose of the preceding provisions is to set upper limits to the amount recoverable by Customer. These liability limitations shall apply whether the claim is based in contract, negligence, strict liability, other tort, or any other cause. In no event shall Geckodrive be liable for indirect, special, incidental, consequential or punitive damages, even if it has been advised of the possibility of such damages. Further, Geckodrive shall not be required to pay transportation charges for the return of any goods unless Geckodrive authorizes such return in advance and in writing. If Customer desires that Geckodrive assumes a greater liability than what is provided for in this paragraph, Geckodrive will amend this Agreement by attaching an addendum setting forth the additional liability and an additional amount to be paid by Customer for Geckodrive's assumption of that additional liability. No such amendment shall be effective unless signed by Customer and Geckodrive. Geckodrive is not an insurer, and nothing in such addendum shall be construed to hold Geckodrive as an insurer.
INSPECTION AND CLAIMS
Customer has ten (10) days from the date of delivery of the product to examine the goods for any damage, defect or shortage. All claims for any cause whatsoever (whether based in contract, negligence, strict liability, other tort or otherwise) shall be deemed waived unless made in writing and received by Geckodrive within thirty (30) days after Customer's receipt of the product with respect to which the claim is made, or, if the claim is for non-delivery of goods, within forty-five (45) days after the date upon which the goods were to be delivered. Customer's failure give written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver of such claim.