Chapter 5 - Warranty
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5
Warranty Information
This chapter outlines coverage, terms and conditions of WalkAbout
Computer’s Limited Warranty and how to obtain warranty service.
The standard WalkAbout Computers Limited Warranty is valid for one
year from the date of shipment. Extended warranty protection is
available for up to four additional years.
WALKABOUT COMPUTERS
LIMITED WARRANTY
1. WHAT IS COVERED BY THIS WARRANTY
WalkAbout Computers, Inc. warrants for the duration of this limited
warranty (“Warranty”) that WalkAbout Computers’ products, which are
comprised of the HAMMERHEAD XRT family of products, all accessories
to such Products manufactured or created by WalkAbout Computers
(“Accessories”), and all replacement Products and Accessories repaired or
replaced pursuant to the Warranty (“Replacement Products”) are free from
defects in material and workmanship under normal use and service subject
to the terms and conditions set out below.
2. LENGTH OF WARRANTY
The Warranty is valid for a period of one (1) year for Products and
Accessories, from the original date of sale from WalkAbout Computers
and/or a WalkAbout Computers Authorized Reseller. In addition to the one
(1) year limited warranty, WalkAbout Computers provides a lifetime
warranty on the Hammerhead XRT housing, defined as the top and bottom
aluminum frames, against any defects in material and workmanship under
normal use and service. During any such period, WalkAbout Computers
will, at its option, either repair or replace with new or “like new” used parts
any of the Products, Accessories or Replacement Products sold by
WalkAbout Computers which prove to be defective, provided that such
Products or Accessories are returned in accordance with the terms of this
Warranty.
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3. TERMS AND CONDITIONS
(i)
This Warranty applies to the retail purchaser or lessee of Products and
Accessories that have been properly installed, used and serviced
according to the specifications provided and practiced by WalkAbout
Computers.
(ii)
Damage due to abuse, accident, misuse, modification, misapplication,
or damage as a result of shipment or improper service cancels all
obligations of WalkAbout Computers under this Warranty.
(iii)
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESSED OR
IMPLIED, WARRANTIES OR CONDITIONS OF MERCHANTABLE
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM
THE COURSE OF DEALING IN OR USAGE OF TRADE. SOME
JURISDICTIONS DO NOT ALLOW THIS LIMITATION, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
(iv)
This Warranty and the statute of limitations shall run concurrently with
any acceptance period. No suit, litigations, or action shall be brought
based on the alleged breach of this Warranty or implied warranties
more than two (2) years after the date of purchase in those
jurisdictions allowing such a limitation; otherwise, no such action shall
be brought more than two (2) years after the expiration of this
Warranty.
4. HOW TO OBTAIN WARRANTY SERVICE
(i)
Immediately notify WalkAbout Computers or a WalkAbout Computers
Authorized Reseller of problems encountered during the warranty
period. As appropriate, WalkAbout Computers will provide a return
merchandise authorization number (the “RMA” number) for the return
of your Products, Accessories and/or Replacement Products.
(ii)
Label and/or include the following information with the
Products/Accessories shipping container:
a) your name, address and telephone number
b) the RMA number received from WalkAbout Computers,
c) a description of the problem, and
d) proof of the date of original purchase from WalkAbout
Computers, e.g., bill of sale or other evidence indicating the
date of original purchase.
(iii)
Return the Products, Accessories and/or Replacement Products with
the above mentioned information, transportation and insurance costs
prepaid to WalkAbout Computers’ warranty repair facility at the
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address noted below. WalkAbout Computers is not responsible for
loss or damage, which may occur in transit.
(iv)
Once repaired or replaced under the terms specified in the Warranty,
WalkAbout Computers will return ship, pre-paid, the Products,
Accessories and/or Replacement Products to the originating party.
5. WHAT IS NOT COVERED
(i)
This Warranty does not cover and WalkAbout Computers shall not be
liable for any loss resulting from:
a) parts and components of products, software and/or accessories
not supplied by WalkAbout Computers,
b) parts and components of Products, Accessories, and/or
Replacement Products and software related thereto supplied,
installed and/or distributed but not manufactured, created
and/or assembled by WalkAbout Computers, for which
WalkAbout Computers provides a warranty depot service only;
c) damage to Products, Accessories and/or Replacement Parts
caused by accident, fire, floods, or acts of God;
d) improper use or care of the Products. Accessories and/or
Replacement Parts or failure to use Product and/or Accessory
as stipulated in the owner’s manual supplied by WalkAbout
Computers;
e) defects or damage caused by mishandling, misuse, improper
testing or improper operation;
f)
defects or damage caused by adjustments, alterations or
modifications of any kind;
g) repair by someone other than WalkAbout Computers or a
WalkAbout Computers Authorized Reseller for a defect or
malfunction covered by this Warranty; and
h) programming or service by anyone other than WalkAbout
Computers or a WalkAbout Computers Authorized Reseller.
(ii)
WalkAbout Computers is not responsible for and shall not be liable for
transportation and insurance charges incurred in or damages resulting
from transporting the Products, Accessories and/or Replacement
Products to WalkAbout Computers for warranty service.
(iii)
WalkAbout Computers shall not be responsible for consequential,
special, incidental or contingent damages or expenses of any nature
or kind whatsoever, including, without limitation, damages for any loss
of revenue, profits, property, information or use of any kind. Such
damages and expenses are not recoverable under this Warranty, even
if WalkAbout Computers has been notified of the possibility thereof. In
any event, WalkAbout Computers’ liability for any breach shall be
limited to actual direct, provable damages not to exceed the amount
originally paid to WalkAbout Computers for the Product and/or
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Accessories. These limitations apply to all causes of action, including
breach of contract or negligence. Some jurisdictions do not allow the
exclusion or limitation or certain remedies including damages, so the
above exclusion or limitation may not apply to you.
(iv)
WalkAbout Computers is not responsible for any third-party software
created for use in the integration and/or operation of any Products,
Accessories and/or Replacement Products whether or not such third-
party software was installed by WalkAbout Computers. Maintenance
and support service for third-party software is the sole responsibility of
the creator thereof.
6. ADDITIONAL
INFORMATION
(i)
The agents, dealers and employees of WalkAbout Computers are not
authorized to make any modifications to this Warranty, or additional
warranties binding on WalkAbout Computers about or for Products,
Accessories and/or products sold or supplied by WalkAbout
Computers. Additional statements, whether oral or written, except
signed written statements from an officer of WalkAbout Computers, do
not constitute warranties and should not be relied upon.
(ii)
The Warranty gives you specific legal rights. You may also have other
rights which vary from one jurisdiction to another.
(iii)
For certain non-WalkAbout Computers products, product components,
software and accessories supplied and/or distributed by WalkAbout
Computers which are expressly warranted by the manufacturer of
such products, WalkAbout Computers will provide a warranty depot
service. Where applicable, information with respect to this service will
be included.
