Insta Express warrants that the Products sold on the Platform by Suppliers will substantially conform to the features specified in its Product listing. Insta Express does not warrant that Products sold by Suppliers to Customers under the Agreement will be free from any defects. If a Product does not operate as warranted during the applicable warranty period as indicated on the Product or as notified by the Supplier on the Product Page, the Customer shall follow the procedure to claim a warranty as indicated on the Product Page (if eligible).The Customer shall notify the relevant warrantor within the time period as indicated on the Product or the Product Page. Failure to claim a warranty by the Customer with respect to a Product shall mean waiver of the right to claim warranty with respect to the Product purchased by the Customer. The Customer shall be entitled to all available remedies with respect to the Products as indicated by The Supplier, or on the Product, or as indicated on the Product Page.
The Customer may be entitled to the following remedies which may include without limitation, (a) Insta Express or the Supplier as the case may be, may deliver to Customer an equivalent Product to replace such defective Product at Supplier’s or Insta Express’s expense or (b) if replacement is not feasible, refund or issue a credit to Customer (at Insta Express’s or Supplier’s sole discretion) in the amount of the purchase price paid for the defective Product.
lIMITATON OF lIABILITY
Insta express or a supplier shall not be liable under this warranty if its testing and examination disclose that the alleged defect in the product does not exist or was caused by customer’s, end user’s or any third person’s misuse, negligence, improper installation or improper testing, attempts to repair or use beyond the range of the intended use, or by accident, fire, lightning or other hazard or any other cause beyond insta express control.
Customer acknowledges and agrees that Customer is solely responsible for the selection of the Products, their ability to achieve the results Customer intends, their use with any (including without limitation) any Products, hardware, software, peripherals or any system, and the performance that Customer, Customer’s customers and end users obtain from using them. Customer alone shall assume any and all warranty obligations with customers and end users for each Product that Customer resells, and Customer has no authority to obligate Insta Express in any way under each such warranty.