MFT HARDWARE WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. OTHER THAN AS PERMITTED BY LAW, MFT 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 THAT MAY AFFECT 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. MFT 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, MFT LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT MFT’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW.
WHAT IS COVERED BY THIS WARRANTY?
MFT warrants the MFT provided hardware product and accessories contained in the original packaging (“MFT Product”) against defects in materials and workmanship when used normally in accordance with MFT’s published guidelines for a period of ONE (1) YEAR from the date of original purchase by the end-user purchaser (“Warranty Period”). MFT’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY ?
This warranty does not apply to any non-MFT provided hardware products or any software, even if packaged or sold with MFT hardware. Manufacturers, suppliers, or publishers, other than MFT, may provide their own warranties to you but MFT, in so far as permitted by law, provides their products “AS IS”. Software distributed by MFT with or without the MFT 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. MFT does not warrant that the operation of the MFT Product will be uninterrupted or error-free. MFT is not responsible for damage arising from failure to follow instructions relating to the MFT Product’s use.
This warranty does not apply: (a) to consumable parts, such as batteries, 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; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the MFT Product outside MFT’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of MFT; (g) to an MFT Product that has been modified to alter functionality or capability without the written permission of MFT; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the MFT Product, or (i) if any serial number has been removed or defaced from the MFT Product.
IF YOUR MFT 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, MFT or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow MFT’s procedures for obtaining warranty service. Before submitting your MFT 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 if any.
DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE MFT PRODUCT’S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT MFT 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 MFT PRODUCT SERVICED.
Following warranty service your MFT Product or a replacement product will be returned to you as your MFT Product was configured when originally purchased, subject to applicable updates. 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.
WHAT WILL MFT DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to MFT. MFT will, at its option,
(i) repair the MFT Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the MFT Product with a product that is at least functionally equivalent to the MFT Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability.
MFT may request that you replace certain user-installable parts or products. A replacement part or product, including a user-installable part that has been installed in accordance with instructions provided by MFT, assumes the remaining warranty of the MFT Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes MFT’s property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the MFT Product is still not functioning properly after making use of these resources, please contact an MFT representative. An MFT representative will help determine whether your MFT Product requires service and, if it does, will inform you how MFT will provide it.
When contacting MFT via telephone, other charges may apply depending on your location.Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
MFT will provide warranty service through one or more of the following options:
MFT reserves the right to change the method by which MFT may provide warranty service to you, and your MFT 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 MFT 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, G.S.T. and other associated taxes and charges
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MFT 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 MFT PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE MFT 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. MFT DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY MFT PRODUCT UNDER THIS WARRANTY OR REPLACE THE MFT PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE MFT 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 MFT 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 MFT Product purchase took place. MFT is identified at the end of this document according to the country or region in which the MFT Product purchase took place. MFT or its successor in title is the warrantor under this warranty.