Important!
Opening a hardware Product may cause damage; such damage is not covered by this warranty. Only
Phicom or an authorized service provider should open and perform Product service.
To the extent permitted by law:
(1)
this warranty and your rights under it are exclusive and are in lieu of any other
oral, written, statutory, express or implied warranties, remedies and conditions;
and
(2)
Phicom disclaims all other warranties, including but not limited to warranties of
merchantability
and
fi tness for a particular purpose and warranties against hidden
or
latent
defects.
If Phicom cannot lawfully disclaim statutory or implied warranties then, to the extent permitted by law,
all such warranties will be limited in duration to the duration of the express warranty and to the repair or
replacement service or refund as determined by Phicom in its absolute discretion.
No Phicom reseller, agent, or employee is authorised to make any amendment, extension, or addition
to this warranty.
If any term or condition of this warranty is held to be illegal or unenforceable, the legality or enforceability
of the remaining terms and conditions will not be affected or impaired.
Except as provided in this warranty and to the maximum extent permitted by law, Phicom is not
responsible for direct, special, incidental or consequential damages resulting from any breach of
warranty or condition, or under any other class, category of head of claim, including but not limited to
loss of use; loss of revenue; loss of actual or anticipated profi ts (including loss of profi ts 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 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 Phicom Product
and any failure to maintain the confi dentiality of data stored on the Product.
Phicom does not authorise use of and reliance on any Phicom product in safety-critical situations, where
the failure of a Phicom product or its compromised or interrupted operation could cause or contribute
to personal injury or death (“potentially life-threatening situations” or “PLTS”). For the avoidance of any
doubt, Phicom does not assume liability for any risk of personal injury or death arising out of the use or
misuse and operation of any of its Products in such circumstances.
Phicom may be prepared to assist you to undertake a risk management assessment and prepare a
protocol for your use of Phicom Products in the context of PLTS, but always on the basis that all such
use (including misuse) remains entirely at your risk.
It is your responsibility to identify and comply with the law governing your use of the Product applicable
in each jurisdiction in which the Product is to be used.
Only those products designated by Phicom as “military grade” are authorised for use in military
applications. Please refer to the specifi c terms and conditions of use for each Phicom Product.
Obtaining warranty service
Before seeking warranty service, please fi rst refer to Phicom’s online help resources identifi ed in the
Product documentation.
If the Product is still not functioning properly, you should contact Phicom representatives or, if applicable,
a Phicom retail store, distributor or authorized service provider.
Phicom will determine whether the Product requires service and, if so, Phicom will advise you how,
where and by whom service will be performed.
It is important that you assist Phicom to diagnose issues with your Product and that you follow Phicom’s
warranty processes.
Service options, parts availability and response times will vary according to the place in which service
is requested. Please note that service options are subject to review and change by Phicom at any time
and Phicom may restrict service to be performed in the place at which the Product was originally sold.
Upon receipt of the replacement Product or part, the original Product or part becomes the property of
Phicom and you agree to properly follow instructions, including, if required, arranging the return of the
original Product or part to Phicom in a timely manner.
When providing service requiring the return of the original Product or part, Phicom may require a credit
card authorisation as security for the retail price of the replacement Product or part and applicable
shipping costs. If you follow all Phicom’s instructions, Phicom will cancel the credit card authorisation,
and you will not be charged for the product or part and shipping costs. If you fail to return the replaced
product or part as instructed, Phicom will charge your credit card for the authorised amount.
If you seek service in a country that is not the country of original purchase, you must comply with
relevant export requirements and be responsible for the payment of all duties, taxes, levies, fees and
other charges including shipping and handling costs.
Where international service is available, Phicom may repair or exchange defective Products and parts
with comparable products and parts that comply with local law.
Phicom may require you to provide proof of purchase details and/or comply with registration or other
requirements before providing warranty service.
Phicom will collect, maintain and use your information in accordance with Phicom’s privacy policy
accessible at:
http://www.phicom.com.au/privacy
Recovery and reinstallation of software programs and user data are not covered under this warranty.
If your Product is capable of storing software programs, data and other information, you should protect
its contents against possible operational failures.
Phicom recommends that you keep a separate backup copy of such information. You should also
disable any security passwords prior to seeking service, as the contents of your Product will be
deleted and the storage media reformatted. Repaired Products will be returned configured as originally
purchased, subject to updates. You will be responsible for reinstalling other software programs, data
and passwords.
29
30