uQontrol Limited Hardware Warranty
IMPORTANT: BY USING YOUR UQONTROL DEVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE LIMITED HARDWARE WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR UQONTROL DEVICE UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE UQONTROL DEVICE AND RETURN IT WITHIN THE RETURN PERIOD STATED IN UQONTROL’S RETURN POLICY (FOUND AT www.uQontrol.com/returns) TO UQONTROL OR THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND. HOW CONSUMER LAW RELATES TO THIS WARRANTY THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, UQONTROL DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE. WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. UQONTROL DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, UQONTROL LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT UQONTROL’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
uQontrol warrants to the original end-user purchaser of the uQontrol hardware product and accessories contained in the original packaging (“uQontrol Device”) that the uQontrol Device will be free from defects in materials and workmanship for a period of ONE (1) YEAR from the date of original retail purchase by the original end-user purchaser (“Warranty Period. All claims made under the Warranty will be governed by the terms set out in this warranty document.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not extend to anyone other than the original end-user purchase of the uQontrol Device. This Warranty does not apply to any non-uQontrol branded hardware products or any software, even if packaged or sold with uQontrol hardware. Manufacturers, suppliers, or publishers, other than uQontrol, may provide their own warranties to you – please contact them for further information. Software contained in the uQontrol Device at the time of purchase (including, but not limited to system software) is not covered by this Warranty; please refer to the licensing agreement accompanying the software for details of your rights with respect to such software. uQontrol does not warrant that the operation of the uQontrol Device will be uninterrupted or error-free. uQontrol is not responsible for damage arising from failure to follow instructions relating to the uQontrol Device’s use. SEE LIMITATION OF LIABILITY below. This Warranty does not apply:
- to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship;
- to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports;
- to damage caused by use with another product;
(d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause;
- to damage caused by operating the uQontrol Device outside a reasonable way for the intended purpose;
- to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of uQontrol;
- to an uQontrol Device that has been modified to alter functionality or capability without the written permission of uQontrol;
- to defects caused by normal wear and tear or otherwise due to the normal aging of the uQontrol Device, or
- if any serial number has been removed or defaced from the uQontrol Device or from related software.
YOUR RESPONSIBILITIES YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE UQONTROL DEVICE STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, uQontrol or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow uQontrol’s procedures for obtaining warranty service. Before submitting your uQontrol Device for warranty service you should maintain a separate backup copy of the contents of its storage media and remove all personal information that you want to protect.
DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. UQONTROL AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE UQONTROL DEVICE SERVICED.
Following warranty service your uQontrol Device or a replacement device will be returned to you as your uQontrol Device was configured when originally purchased, subject to applicable updates. uQontrol may install system software updates as part of warranty service that will prevent the uQontrol Device from reverting to an earlier version of the system software. You will be responsible for reinstalling all other data and information. Recovery and reinstallation of other data and information are not covered under this Warranty.
Important: Do not open or attempt to open the uQontrol Device VOID WARRANTY.
Opening or attempting to open the uQontrol Device will cause damage that is not covered by this Warranty and will VOID the Warranty. Only uQontrol should perform service on this uQontrol Device.
WHAT WILL UQONTROL DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to uQontrol, uQontrol will, at its option sole discretion,
- repair the uQontrol Device using new or previously used parts that are equivalent to new in performance and reliability,
- replace the uQontrol Device with a device that is at least functionally equivalent to the uQontrol Device and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
- exchange the uQontrol Device for a refund of your purchase price.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the uQontrol Device is still not functioning properly after making use of these resources, please contact an uQontrol representative using the information provided below. An uQontrol representative will help determine whether your uQontrol Device requires service and, if it does, will inform you how uQontrol will provide it. When contacting uQontrol via telephone, other charges may apply depending on your location. Online information with details on obtaining warranty service is provided below.
If uQontrol determines that your uQontrol Device is eligible for warranty service, uQontrol will provide you with instructions on how you may ship (at your expense) your uQontrol Device to uQontrol. If all instructions are followed, uQontrol will return the repaired uQontrol product or a replacement product to you. We will pay to ship the repaired or replacement product to you if you use an address in the United States (excluding Puerto Rico and U.S. possessions and territories). Otherwise, we will ship the repaired or replacement product to you freight collect. uQontrol reserves the right to change the method by which uQontrol may provide warranty service to you, and your uQontrol Device’s eligibility to receive a particular method of service. Service options, parts availability and response times may vary according to country. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges.
LIMITATION OF LIABILITY EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UQONTROL 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 LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE UQONTROL DEVICE OR ANY FAILURE TO MAINTAIN THE SECURITY OR CONFIDENTIALITY OF INFORMATION STORED ON THE UQONTROL DEVICE. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. UQONTROL DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY uQontrol DEVICE UNDER THIS WARRANTY OR REPLACE THE uQontrol DEVICE WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE uQontrol DEVICE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
HOW DO WE RESOLVE DISPUTES?
ALL DISPUTES WITH UQOTROL ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY, except that you may assert claims in small claims court if your claims qualify. Any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s Product or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes unless the AAA refuses to do so in which event JAMS or another arbitrator mutually agreed upon by the parties shall be the arbitrator. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Idaho, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against uQontrol employees, representatives, and affiliates if any such claim arises from the Product’s sale, condition or performance.
If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.