Limited Warranty
LIMITED WARRANTY COVERAGE
Open Labs, Inc. ("Open Labs") warrants this hardware product against defects in materials and workmanship for a period of ONE (1) year, TWO (2) years, or THREE (3) years from the date of original retail purchase, depending on the product and service upgrade option purchased. If you purchase the Platinum Service Year 2 upgrade option, it also includes a Year 2 limited hardware warranty. If you purchase the Platinum Service Year 2 & 3 upgrade option, it also includes a Year 2 & 3 limited hardware warranty. To determine which limited warranty came with your hardware product(s), see your packing slip or invoice. If your packing slip or invoice does not state the length of your limited warranty, then it is ONE (1) year from the date of original retail purchase of your Open Labs hardware product. Open Labs limited warranty obligations are limited to the following set forth in this document. If a defect exists, at its option Open Labs will: a) repair the product at no charge, using new or refurbished replacement parts, b) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or c) refund the purchase price of the product. A replacement product or part assumes the remaining warranty of the original product or Ninety (90) days from the date of replacement or repair, whichever gives longer coverage. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes Open Labs' property. When a refund is given, the product becomes Open Labs' property.
OBTAINING WARRANTY SERVICE
If you purchased the product in the Europe, you may deliver the product, at your expense, to any Open Labs' Authorized Service Provider located in Europe. If you purchased the product outside Europe you have no warranty or repair rights in Europe for the product. Be aware, however, that many countries may not yet have Open Labs' Authorized Service Providers and not all Authorized Service Providers have all parts or replacement units for the product. If the product cannot be repaired or replaced in the country it is in, it may need to be sent to a different country or returned to the country of purchase at your expense for repair or replacement. Some products may be eligible for Express Mail/Courier Service. Express Mail/Courier Service involves mailing the product directly to Open Labs. To determine if the product is eligible for this service, call an Open Labs directly at the telephone numbers set out in the service and support reference material accompanying the product. If the product qualifies for this service, the telephone representative will provide further information and instructions. To locate an Authorized Service Provider refer to the service and support reference materials accompanying the product or visit our web site. When you contact the Open Labs' Authorized Service Provider, you will be asked to furnish your name, address, telephone number, and proof of the original purchase (receipt) containing a description of the product(s), purchase date, and the appropriate Open Labs' serial number(s).
RMA Number Required
In any case before shipping a product to Open Labs under warranty or repair service, Open Labs must be contacted to obtain a Return Material Authorization number (RMA number). The RMA number must be clearly marked on the shipment of any product shipped to Open Labs under the product warranty.
Back Up Your Data Before Return
Before you deliver your product for warranty or repair service it is your responsibility to keep a separate backup copy of the system software, application software and data, and disable any security passwords. You will be responsible for reinstalling all such software, data and passwords. Data recovery is not included in the warranty or repair service and Open Labs is not responsible for data that may be lost or damaged during transit, repair or replacement.
Freight damage claims are invalid for fixtures shipped in non-factory boxes and packing materials. Additionally the packing materials may not be covered under by a freight damage claim.
ASSIGNMENTS AND SEVERABILITY
This Agreement shall not be assigned or transferred by Buyer without the prior written consent of Open Labs. Any attempted assignment or transfer of any of the rights, duties or obligations of this Agreement shall be void.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to hardware products manufactured by or for Open Labs that are properly identified by the "Open Labs" trademark, trade name, or logo. The Limited Warranty does not apply to any non-Open Labs hardware products or any software, even if packaged or sold with Open Labs hardware or software. Non-Open Labs manufacturers, suppliers, or publishers may provide their own warranties. Software distributed by Open Labs under the Open Labs brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the Open Labs Software License Agreement for more information. Open Labs and its Authorized Service Providers are not liable for any damage to or loss of any programs, data, or other information stored on any media, or any non-Open Labs product or part not covered by this warranty. Recovery and reinstallation of system and application software and user data are not covered under this Limited Warranty. Software that is not legally registered by the user and is not a legally authorized copy that has been installed on an Open Labs product may void the Limited Warranty and any continued technical support for the product will be at the sole discretion of Open Labs. This warranty does not apply: a) to damage caused by accident, abuse, misuse, misapplication, or non-Open Labs products including improper cleaning of controls or contacts due to exposure to a dirty, dusty or otherwise contaminated environment; b) to damage caused by service (including upgrades and expansions) performed by anyone who is not an Open Labs Authorized Service Provider; c) to a product or a part that has been modified without the written permission of Open Labs; or d) if any Open Labs serial number has been removed or defaced e) damage to units used for loan or rental.
THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. OPEN LABS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF OPEN LABS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.
No Open Labs reseller, agent, or employee is authorized by Open Labs to make any modification, extension, or addition to this warranty.
OPEN LABS IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH OPEN LABS PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. OPEN LABS SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.
Some jurisdictions/states may not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by jurisdiction.
WAIVER
Continued use or possession of the Products after expiration of the applicable warranty period will be conclusive statement by Buyer that the warranty is fulfilled to Buyer’s satisfaction, unless Buyer has previously notified Open Labs in writing of a particular defect. Failure of Open Labs to enforce any term and condition of this Agreement will not be deemed to be a waiver of such term or condition. Each shipment made hereunder shall be considered a separate transaction. In the event of any default by Buyer, Open Labs may decline to make further shipments.
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SUPPORT
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PLATINUM SERVICE
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PRODUCT REGISTRATION
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