Serious Integrated, Inc. - Limited Warranty
YOUR USE OF THIS PRODUCT IS SUBJECT TO THE TERMS SET FORTH BELOW AND AT WWW.SERIOUSINTEGRATED.COM/TERMSOFSALE. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD DISCONTINUE USE AND RETURN THE PRODUCT (WITH INCLUDED MATERIALS AND ORGINAL PACKAGING) WITHIN 30 DAYS OF RECEIPT, TO YOUR PLACE OF PURCHASE. BY USING THIS PRODUCT YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS.
- Goods. Subject to provisions set forth in the Terms of Sale, including without limitation, Section 13 (Limitation of Liability), Serious Integrated, Inc. (“SERIOUS”), warrants to you (“Customer”) that the SERIOUS hardware products delivered to Customer (collectively, “Goods”) when properly used or installed, will substantially conform to the functional specifications set forth in the applicable user manual or product specification, for a period on one (1) year from the date of sale to Customer. SERIOUS does not warrant that Product will meet Customer’s requirements or that operation of the Product will be error free.
- Third Party Goods. Goods supplied by third parties and sold through SERIOUS are covered under the supplier’s warranty provided with those Goods. Customer should contact the third party supplier directly for all support after the sale, including technical support and warranty issues. If Customer does not receive information with the Goods to enable it to contact the third party provider, Customer may contact SERIOUS and SERIOUS will provide Customer with the third party supplier’s contact information.
- Software. SERIOUS software products (“Software”) are licensed pursuant to the terms of the applicable SERIOUS Software license agreement. Unless otherwise stated in a separate, signed agreement between Customer and SERIOUS, any Software is provided “AS IS” and without any warranty of any kind and SERIOUS and its suppliers or licensors do not warrant the performance or results Customer may obtain by using such Software. Customer is responsible for determining the suitability of Software for Customer’s purposes.
- Services. Any fee-based services provided by SERIOUS and paid for by Customer (“Services”), are provided “AS IS” without any warranty of any kind, except as may be otherwise provided in an applicable Services agreement executed separately by Customer and SERIOUS.
- Exclusions. The foregoing warranties do not apply: (1) in cases where Goods have suffered misuse, abuse, neglect, alteration, accident, mishandling, repair, operation outside the associated environmental specifications, improper installation, improper testing, or the like after shipment; (2) where Goods are designated as experimental or to be used for development purposes; (3) to Goods not manufactured or provided by SERIOUS; (4) to Goods for which claims are being made by anyone other than Customer; (5) to Goods used, sold, or distributed by Customer despite failing Customer’s tests; (6) to any product or equipment within which Goods are contained or integrated; (7) to any product obtained from an unauthorized third party; (8) to any samples, which are provided “AS IS.”
- Remedies. To obtain a remedy for failing to meet any of the foregoing warranties, the following conditions must be met: (1) Customer notifies SERIOUS in writing promptly on discovery of the deficiency in Goods with reasonable detail within the warranty period; (2) Customer returns Goods to SERIOUS promptly on receipt of a Return Material Authorization (“RMA”), at Customer’s risk and expense; and (3) SERIOUS confirms the claimed deficiency is present and finds it is not attributable to any Exclusions (as set forth above). If all of these conditions are met, SERIOUS, at its sole option, will either replace or repair the deficient Goods or credit Customer’s account for the amount Customer paid SERIOUS for such Goods and reimburse Customer’s reasonable shipping costs for return of same.
To obtain warranty service during the warranty period, you must begin the return process by contacting the authorized vendor from which you purchased your product.
Please include the details of your complaint and provide a daytime phone number and email address where you can be reached. If service is needed at any time during the warranty period, Customer may be required to furnish a sales receipt/proof of purchase/payment indicating the date of purchase, amount paid and the place of purchase. Customers who fail to provide such proof of purchase/payment will be charged for the repair of any Good or Services Deliverable.
THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE (TO THE FULLEST EXTENT PERMITTED BY LAW) ANY OTHER WARRANTY, CONDITION, STIPULATION, STATEMENT, TERM, OR UNDERTAKING OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO CONDITION, QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE. UPON THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD, ALL WARRANTY LIABILITY TERMINATES. CUSTOMER HAS RELIED ON ITS SKILL, JUDGMENT, AND NEEDS TO SELECT GOODS. THIS CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE FOREGOING WARRANTIES. SERIOUS WILL HAVE A REASONABLE TIME TO PROVIDE EACH REMEDY. THESE WARRANTIES CANNOT BE EXPANDED EXCEPT IN A WRITING EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF SERIOUS. VERBAL REPRESENTATIONS AND TECHINICAL ASSISTANCE DO NOT EXPAND THESE LIMITED WARRANTIES.
The above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights. You may also have other rights that may vary from jurisdiction to jurisdiction.