| Additional Warranty Information |
SmartDisk
Corporation warrants its products to be free of defects in material and
workmanship under normal use and service for a period of 1 year from
the date of purchase. SmartDisk's sole obligation with respect to
claims of non-conformance made within the one (1) year warranty period
described above shall be, at its option, to repair or replace any item
of Equipment which SmartDisk, in its sole discretion, determines to be
defective. The Customer shall obtain a Return Merchandise Authorization
(RMA) number from SmartDisk prior to returning any Equipment to
SmartDisk under this warranty by contacting Technical Support at (941)
436-2520 or via the web at http://www.smartdisk.com/support.asp. The
Customer shall prepay shipping charges for Equipment returned to
SmartDisk for warranty service, and SmartDisk shall pay freight charges
for the return of the Equipment to the Customer, excluding customs
duties or taxes, if any. All returns require a dated proof of purchase
and a letter explaining the problem. SmartDisk Corporation, Inc. will
not be responsible for items returned without an RMA or improperly
packaged. Replacement Equipment shall be new or like new in performance
and shall be warranted for the remaining duration of the warranty term
of the non-conforming Equipment. All replaced Equipment shall become
the property of SmartDisk. Any claims of defects not made within such
one (1) year period shall be deemed waived by Customer.
SmartDisk's
warranty obligations there under are expressly conditioned upon (i.)
the Products being properly installed, used and maintained at all times
by Customer; (ii.) the Products not being subject to unusual mechanical
stress or unusual electrical or environmental conditions or other acts
of God; (iii.) the Products not being subjected to misuse, accident or
any unauthorized installation/ de-installation by Customer or other
third party; (iv.) the Products not being altered or modified in an
unauthorized manner, unless approved in writing or otherwise performed
by SmartDisk and (v.) Customer promptly installing all Product
revisions which have been released for such Products by SmartDisk
throughout the warranty term. SmartDisk does not warrant that the
Products will operate in any specific combination which may be selected
for use by Customer or that the operation of the Products will be
uninterrupted or error free, or that all non-conformance or defects
will be remedied. Additionally, SmartDisk shall have no warranty
obligations for any failure of the Products to conform to the
applicable Product specifications resulting from the combination of any
Product(s) with hardware and/or software not supplied by SmartDisk. If
it is determined that any Product(s) reported as defective or
non-conforming by Customer during the warranty period is not defective
or non-conforming, SmartDisk may, at its option, charge Customer for
any labor provided and expenses incurred by SmartDisk in connection
with such determination, at SmartDisk's then current rates.
SmartDisk
Corporation shall not be responsible for unauthorized sale or
misrepresentation by unauthorized 3rd party resellers. SmartDisk
warranties are not transferrable with ownership. Products purchased by
auction, yard sale, flee market or purchased as demo units may not be
covered under SmartDisks warranty.
THE WARRANTIES OF SMARTDISK
AND REMEDIES OF CUSTOMER SET FORTH IN THIS SECTION ARE EXCLUSIVE AND
ARE GIVEN BY SMARTDISK AND ACCEPTED BY CUSTOMER IN LIEU OF ANY AND ALL
OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING HEREBY EXPRESSLY
AND UNEQUIVOCALLY DISCLAIMED BY SMARTDISK AND WAIVED BY THE CUSTOMER.
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