By using the Device you are agreeing to be bound by the terms of this limited warranty as set out below.
This Limited Warranty does not apply to any product, other than the Device, manufactured by a third party, even if packaged or sold with the Device. Any software distributed by us (including the Device’s operating systems and any of our applications) is not covered by this Limited Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. We do not warrant that the operation of the Device will be uninterrupted or error-free. We are not responsible for damage arising from failure to follow instructions relating to the Device’s use.
This Limited Warranty does not apply: (a) to consumable parts, such as that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Device’s specifications; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Device outside our published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of us; (g) to a Device that has been modified to alter functionality or capability without the written permission of us; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Device; (i) if you cannot prove in any way that you are the authorized owner of the Device (e.g., by presenting proof of purchase); (j) if you make any further use of the Device although we instructed you not to do so after giving notice for the obtainment of the Limited Warranty as described below and (k) any warranty of merchantability, warranty of fitness for a particular purpose, warranty for title, warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
You shall inform us in writing, without delay, when you discover a defect by sending an email to [email protected] or using the contact forms available on our website.
Notwithstanding the aforementioned, we shall not be liable for a breach of the Limited Warranty unless: (i) you gave us a written notice of the defect within the Warranty Period which shall be given after no more than 14 days from the time when you discovered or ought to have discovered the defect; (ii) such notice shall reasonably describe the defect and/or failure (iii) We were given a reasonable opportunity after receiving the notice to examine such Device and you shall (if requested to do so by us) return such Device to our place of business at our cost for the examination; and (iv) We reasonably verified your claim that the Device is defective.
Limited Warranty service options and remedies:
Subject to all other terms of this Limited Warranty, we will provide you with the Limited Warranty service, during the Warranty Period, through one or more of the following options, as we may decide in our sole discretion: (i) repair or replace such Device (or the defective part) or (ii) credit or refund the price of such Device at the pro rata contract rate provided that, if we so requests, you shall, at our expense, return such Device to us.
THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS LIMITED WARRANTY.
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL WE OR OUR AFFILIATES, DISTRIBUTORS, MARKETERS OR AGENTS (“UP AFFILIATES”) BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE OR UP AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.