Hardware Limited Warranty Agreement
SpinetiX S.A. manufactures its hardware products from parts and components that are new or equivalent to new in accordance with industry-standard practices. SpinetiX warrants to the Customer in accordance with the following provisions that its branded hardware products, purchased by the Customer from a SpinetiX company or an authorized SpinetiX Reseller, will be free from defects in materials, workmanship and design affecting normal use, as long as the original End User continues to own or use the Product. The firmware installed in the hardware Product is covered by the SpinetiX End-User Software License Agreement and is guaranteed according to the terms of the Software Limited Warranty stated therein. In the event of discontinuance of product manufacture, SpinetiX warranty support is limited to two (2) years from the announcement of discontinuance. Products for which proper claims are made will, at SpinetiX’ option, be repaired or replaced. SpinetiX owns all parts removed from repaired products. SpinetiX uses new and reconditioned parts made by various manufacturers in performing repairs and building replacement products.
This Warranty does not apply to defects from: improper or inadequate installation, use or maintenance; actions or modifications by unauthorized third party or the Customer accidental or willful damage. This Warranty does not apply to the external power supply unit nor the internal memory medium.
Making a claim
To make a claim the Customer must request a RMA (Return Material Authorization) to SpinetiX, providing the proof of purchase, indicating name and address of the Reseller, date of purchase, model and serial number, name and address of the Customer and details of symptoms and configuration at time of malfunction, including peripheral and software used. Otherwise, SpinetiX may refuse the guarantee claim. Customer must send to SpinetiX the defective product at his expenses, along with all cables and accessories that came in the original package, properly packed in original or equally protective packaging together with details listed above and the RMA number provided to the Customer by SpinetiX.
Limitation and statutory rights
SpinetiX makes no other warranty, guarantee or like statement other than as explicitly stated above and this Warranty is given in place of all other warranties whatsoever, to the fullest extent permitted by law. In the absence of applicable legislation, this Warranty will be the Customer's sole and exclusive remedy against SpinetiX or any of its affiliates, and neither SpinetiX nor any of its affiliates shall be liable for loss of profit or contracts, or any other indirect or consequential lost arising from negligence, breach of contract, or howsoever.
SPINETIX PRODUCTS ARE NOT INTENDED FOR USE IN DIRECT LIFE SUPPORT APPLICATIONS WHERE MALFUNCTION MAY RESULT IN DIRECT PHYSICAL HARM OR INJURY TO PERSONS. NO WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE OFFERED.
This Hardware Limited Warranty Agreement shall be governed by and construed in accordance with the laws of Switzerland. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Hardware.
Version 1.0 - 10.12.2010