FASETTE Two-Year Limited Warranty For consumer ELECTRONICs & OTHERS
THIS LIMITED WARRANTY SHALL NEITHER EXCLUDE NOR LIMIT (I) ANY MANDATORY STATUTORY RIGHTS OF THE CLIENT OR (II) ANY OF THE CLIENT'S RIGHTS AGAINST THE SELLER/DEALER OF THE PRODUCT.
FASETTE GMBH ("FASETTE") warrants that this consumer electronics ("Product") is free from defects in material and workmanship according to the following terms and conditions:
1. The Limited Warranty for the Product extends for TWO (2) years beginning on the date of original purchase or delivery of the Product, whichever is the later. In case of a change of owner/user, such warranty period shall continue for the remaining part of the twenty-four (24) month period and otherwise remain unaffected.
2. During the period of the Limited Warranty, FASETTE will repair, modify or replace, at FASETTE's sole option, any defective parts, or any parts that will not properly operate for their intended use with new or refurbished replacement items if such repair or replacement is needed because of product malfunction or failure during normal usage. No charge will be made to the Client for the repair or replacement of any such parts. FASETTE will also pay for the labour charges incurred by FASETTE in repairing or replacing the defective parts. The repaired Product will be warranted for the balance of the original warranty period or for ninety (90) days from the date of repair, whichever is longer. This Limited Warranty does not cover damage to or defects in (other than manufacturing defects) appearance, cosmetic, decorative or structural items and any non-operative parts. FASETTE's limit of liability under the Limited Warranty shall be the price paid by the Client for the Product less a reasonable amount for usage. These remedies are the Client's exclusive remedies for breach of this Limited Warranty.
3. Upon request from FASETTE, the Client must prove the date of the original purchase or delivery of the Product by producing a legible and non-modified original certificate of authenticity which clearly indicates the name and address of an authorised retailer, the date and place of purchase/delivery, the product type and the IMEI or serial number of the Product, a bill of sale or a dated receipt which contains the same information.
4. FASETTE shall bear the cost of shipping the Product to the location from which the Client handed over the Product to FASETTE (or its representatives) after the completion of service under this Limited Warranty.
5. The Client shall have no coverage or benefits under this Limited Warranty if any of the following conditions are applicable:
a. The Product has been subject to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, spillage of food or liquid, exposure to chemical agents, unauthorised modifications, unauthorised connections, unauthorised repair, rough handling, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of FASETTE, including without limitation damage caused by shipping, deterioration of consumable parts, such as batteries which by their nature have a limited lifecycle, and breakage or damage to antennas.
b. The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to thermal, environmental or weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancel bots or damage caused by the connection to other products not recommended for interconnection by FASETTE.
c. The Customer Service Department at FASETTE was not advised by the Client in writing of the alleged defect or malfunction of the Product within thirty (30) days after the expiration of the applicable warranty period.
d. The Product was not returned to FASETTE or its authorised retailer within thirty (30) days after the appearance of the defect within the warranty period.
e. The Product serial number plate or the accessory data code has been removed, defaced, altered or is illegible.
f. The defect or damage was caused by the defective function of the cellular network system or by inadequate signal reception by the external antenna.
g. The defect was caused by the Product being used with or connected to an accessory not manufactured and supplied by FASETTE or used other than for its intended use.
h. The battery was short-circuited or the seals of the battery enclosure or cells are broken or show evidence of tampering or the battery was used in equipment other than that for which it has been specified.
i. The Product software needs to be updated due to changes in cellular network parameters.
6. If a problem develops during the period of the Limited Warranty, the following procedure will apply:
a. The Client shall return the Product to the place of purchase for repair or replacement processing or if this is not convenient because of distance (more than 50 miles/80 km) or for other good cause, the Client may contact FASETTE Customer service.
b. The Client shall bear the costs of transporting the Product to the relevant FASETTE service location, with transport and insurance charges prepaid.
c. Subject to Clause 6(e), the Client will be billed for any parts and/or labour charges not covered by this Limited Warranty.
d. FASETTE will repair or authorise the repair of the Product under the Limited Warranty within 30 days after receipt of the Product by FASETTE or a FASETTE authorised service centre, or within an extended period as may be notified by FASETTE to Client due to the nature of the repair ("Timeframe"). If FASETTE cannot repair within the Timeframe, or after a reasonable number of attempts to repair the same defect, FASETTE at its sole option, will provide a replacement Product or refund the purchase price of the Product less a reasonable amount for usage.
e. If the Product is returned to the Customer Service Department at FASETTE during the period of the Limited Warranty, but the problem with the Product is not covered under the terms and conditions of this Limited Warranty, the Client will be notified and given an estimate of the charges the Client must pay to have the Product repaired, with all shipping charges billed to the Client. If the estimate is refused, the Product will be returned freight collect. If the Product is returned to the Customer Service Department at FASETTE after the expiration of the warranty period, FASETTE's normal service policies shall apply and the Client will be responsible for all shipping charges.
7. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WARRANTIES AND CONDITIONS STATED IN THIS LIMITED WARRANTY ARE IN LIEU OF ALL OTHER CONDITIONS, WARRANTIES OR OTHER TERMS CONCERNING THE SUPPLY OR PURPORTED SUPPLY OF, OR FAILURE TO SUPPLY OR DELAY IN SUPPLYING THE PRODUCT WHICH MIGHT, BUT FOR THE AFFECT OF THIS CLAUSE 7, HAVE EFFECT BETWEEN FASETTE AND THE CLIENT OR WOULD OTHERWISE BE IMPLIED OR INCORPORATED INTO THIS LIMITED WARRANTY OR ANY COLLATERAL CONTRACT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED (INCLUDING WITHOUT LIMITATION, THE IMPLIED CONDITIONS, WARRANTIES OR OTHER TERMS AS TO SATISFACTORY QUALITY OR FITNESS FOR PURPOSE).
8. FASETTE SHALL NOT BE LIABLE FOR LOSS OR DAMAGE, WHETHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES OR DAMAGE WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE):
a. LOSS OF ANTICIPATED BENEFITS OR PROFITS.
b. LOSS OF ACTUAL OR ANTICIPATED SAVINGS.
c. PUNITIVE DAMAGES.
d. THIRD PARTY CLAIMS.
e. LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT OR FACILITIES.
f. DOWNTIME OR LOSS OF BUSINESS.
g. LOSS OF OPPORTUNITY.
h. LOSS OF GOODWILL.
i. LOSS OF REPUTATION.
j. LOSS OF OR DAMAGE TO OR CORRUPTION OF DATA.
9. FASETTE does not warrant uninterrupted or error free internet or data connections.
10. FASETTE shall not be liable for any delay in rendering service under the Limited Warranty, or loss of use during the period that the Product is being repaired.
11. FASETTE's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the sale of the Product shall be the price paid by the Client for the Product less a reasonable amount for usage.
12. The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to, this Limited Warranty shall not affect the validity or enforceability of any other terms or rights or the remainder of any such term or right, which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.
13. FASETTE neither assumes nor authorises any authorised service centre or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this Limited Warranty, including the provider or seller of any extended warranty or service agreement. Any change or amendment to this Limited Warranty requires FASETTE's prior written consent.
14. This Limited Warranty represents the whole agreement between the parties relating to the subject matter hereof.
15. This Limited Warranty allocates the risk of failure of the Product between the Client and FASETTE. The allocation is recognised by the Client and is reflected in the purchase price of the Product.
16. Any action or lawsuit for breach of warranty must be commenced within thirty (30) months following delivery of the Product.
17. All warranty information, product features and specifications are subject to change without notice.
18. Questions concerning this Limited Warranty may be directed to the Customer Service Department at the following addresses:
FASETTE REGIONAL OFFICES:
Contact us from Europe, Middle East and Africa:
FASETTE GMBH
email: sales@fasette.de (Europe)
email: sales@fasette.com (Middle East and Africa)
FASETTE operates a policy of continuous development. FASETTE reserves the right to make changes and improvements to any of the products described in this document without prior notice.
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