For Sciamble Branded Product Only
IMPORTANT: BY USING YOUR SCIAMBLE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE SCIAMBLE 3 MONTHS LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY.
IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD OF 30 DAYS TO THE SCIAMBLE OWNED RETAIL STORE OR THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND.
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, SCIAMBLE 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.
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. SCIAMBLE 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, SCIAMBLE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT SCIAMBLE'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.
Sciamble Corp. of 445 Minnesota Street Ste 1500, St. Paul, Minneapolis 55101, U.S.A. (“Sciamble”) warrants the Sciamble-branded hardware product and Sciamble-branded accessories contained in the original packaging (“Sciamble Product”) against defects in materials and workmanship when used normally in accordance with Sciamble's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Sciamble’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
This Warranty does not apply to any non-Sciamble branded hardware products or any software, even if packaged or sold with Sciamble hardware. Manufacturers, suppliers, or publishers, other than Sciamble, may provide their own warranties to you – please contact them for further information. Software distributed by Sciamble with or without the Sciamble brand (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 its use. Sciamble does not warrant that the operation of the Sciamble Product will be uninterrupted or error-free. Sciamble is not responsible for damage arising from failure to follow instructions relating to the Sciamble Product’s use.
This Warranty does not apply: (a) to protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Sciamble Product’s specifications (Sciamble Product specifications are available at www.sciamble.com under the technical specifications for each product); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Sciamble Product outside Sciamble’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Sciamble or a Sciamble Authorized Service Provider (“SASP”); (g) to a Sciamble Product that has been modified to alter functionality or capability without the written permission of Sciamble; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Sciamble Product; (i) if any serial number has been removed or defaced from the Sciamble Product; or (j) if Sciamble receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Sciamble Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
IF YOUR SCIAMBLE PRODUCT IS CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, Sciamble or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Sciamble's procedures for obtaining warranty service. Before submitting your Sciamble Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE SCIAMBLE PRODUCT’S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT Sciamble AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE SCIAMBLE PRODUCT SERVICED.
Following warranty service your Sciamble Product or a replacement device will be returned to you as your Sciamble Product was configured when originally purchased, subject to applicable updates. Sciamble may install system software updates as part of warranty service that will prevent the Sciamble Product from reverting to an earlier version of the system software. Third party applications installed on the Sciamble Product may not be compatible or work with the Sciamble Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
If during the Warranty Period you submit a claim to Sciamble or a SASP in accordance with this warranty, Sciamble will, at its option:
(i) repair the Sciamble Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the Sciamble Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the Sciamble Product for a refund of your purchase price.
Sciamble may request that you replace certain user-installable parts or Sciamble Products. A replacement part or Sciamble Product, including a user-installable part that has been installed in accordance with instructions provided by Sciamble, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Sciamble Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Sciamble's property.
Please access and review the online help resources described below before seeking warranty service. If the Sciamble Product is still not functioning properly after making use of these resources, please contact a Sciamble representative or, if applicable, a Sciamble owned retail store ("Sciamble Retail") or SASP, using the information provided below. A Sciamble representative or SASP will help determine whether your Sciamble Product requires service and, if it does, will inform you how Sciamble will provide it. When contacting Sciamble via telephone, other charges may apply depending on your location.
Sciamble will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your Sciamble Product to a Sciamble Retail or SASP location offering carry-in service. Service will be performed at the location, or Sciamble Retail or a SASP may send your Sciamble Product to a Sciamble Repair Service (“SRS”) location to be serviced. Once you are notified that service is complete, you will retrieve the Sciamble Product from the Sciamble Retail or SASP location without delay unless Sciamble notifies you that the Sciamble Product will be sent directly to your location from the SRS location.
(ii) Mail-in service. If Sciamble determines that your Sciamble Product is eligible for mail-in service, Sciamble will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Sciamble product, so that you may ship your Sciamble Product to a SRS or SASP location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the SRS or SASP location will return the Sciamble Product to you. Sciamble will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Sciamble Product are followed.
(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Sciamble Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Sciamble requires return of the replaced Sciamble Product or part. Sciamble may require a credit card authorization as security for the retail price of the replacement Sciamble Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Sciamble will offer alternative arrangements for service. Sciamble will ship a replacement Sciamble Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Sciamble Product or part. If you follow the instructions, Sciamble will cancel the credit card authorization, so you will not be charged for the Sciamble Product or part and shipping to and from your location. If you fail to return the replaced Sciamble Product or part as instructed or return a replaced product or part that is ineligible for service, Sciamble will charge your credit card for the authorized amount.
(b) Service where Sciamble does not require return of the replaced Sciamble Product or part. Sciamble will ship you free of charge a replacement Sciamble Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Sciamble Product or part.
(c) Sciamble is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Sciamble at the telephone number listed below.
Sciamble reserves the right to change the method by which Sciamble may provide warranty service to you, and your Sciamble Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Sciamble Product cannot be serviced in the country it is in. If you seek service in a country that is not the 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. For international service, Sciamble may repair or replace Sciamble Products and parts with comparable Sciamble Products and parts that comply with local standards.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCIAMBLE 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 Sciamble PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE SCIAMBLE PRODUCT.
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. SCIAMBLE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY SCIAMBLE PRODUCT UNDER THIS WARRANTY OR REPLACE THE Sciamble PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE SCIAMBLE PRODUCT.
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.
No Sciamble reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Sciamble Product purchase took place. Sciamble or its successor in title is the warrantor under this Warranty.