non-conformance made within the warranty period described above shall
be, at its option, to repair or replace any item of Equipment that Verbatim, in
its sole discretion, determines to be defective, subject to the procedure set
forth below.
Verbatim’s warranty obligations hereunder are expressly conditioned upon
(i.) the Products being properly installed, used and maintained at all times by
Customer; (ii.) the Products not being subject to unusual mechanical stress
or unusual electrical or environmental conditions or other acts of God;
(iii.) the Products not being subjected to misuse, accident or any
unauthorized installation/deinstallation by Customer or other third party; (iv.)
the Products not being altered or modified in an unauthorized manner, unless
approved in writing or otherwise performed by Verbatim and (v.) Customer
promptly installing all Product revisions that have been released for such
Products by Verbatim throughout the warranty term. Verbatim does not
warrant that the Products will operate in any specific combination that may
be selected for use by Customer or that the operation of the Products will
be uninterrupted or error free, or that all non-conformance or defects will be
remedied. Additionally, Verbatim shall have no warranty obligations for any
failure of the Products to conform to the applicable product specifications
resulting from the combination of any Product(s) with hardware and/or
software not supplied by Verbatim. If it is determined that any Product(s)
reported as defective or non-conforming by Customer during the warranty
period is not defective or non-conforming, Verbatim may, at its option, charge
Customer for any labor provided and expenses incurred by Verbatim in
connection with such determination, at Verbatim’s then current rates.
Verbatim is not liable for any damage to or loss of any programs, data,
or other information stored on any media contained within the Verbatim
hardware product, or any non-Verbatim product or part not covered by this
warranty. Recovery or reinstallation of programs, data or other information is
not covered under this Limited Warranty.
Verbatim shall not be responsible for unauthorized sale or misrepresentation
by unauthorized third party resellers. Verbatim warranties are not
transferable with ownership. Products purchased by auction, yard sale, flea
market or purchased as demo units may not be covered under Verbatim’s
warranty.
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THE WARRANTIES OF VERBATIM AND REMEDIES OF CUSTOMER SET
FORTH IN THIS SECTION ARE EXCLUSIVE AND ARE GIVEN BY VERBATIM AND
ACCEPTED BY CUSTOMER IN LIEU OF ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ALL SUCH OTHER WARRANTIES BEING HEREBY EXPRESSLY AND
UNEQUIVOCALLY DISCLAIMED BY VERBATIM AND WAIVED BY CUSTOMER
TO THE EXTENT ALLOWED BY LAW (AND TO THE EXTENT NOT WAIVABLE BY
LAW, ARE LIMITED TO THE TERM OF THE EXPRESS WARRANTY SET FORTH
HEREIN).
VERBATIM IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY
OR CONDITION, INCLUDING ANY COSTS OF RECOVERING OR REPRODUCING
ANY PROGRAM OR DATA STORED IN OR USED WITH THE VERBATIM PRODUCT.
VERBATIM SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE
TO REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR MAKE A
PRODUCT EXCHANGE WITHOUT RISK TO
OR
LOSS OF PROGRAMS OR DATA.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. FOR EXAMPLE,
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THESE RESTRICTIONS MAY NOT APPLY TO
YOU.
Return Procedure:
The Customer shall obtain a Return Merchandise Authorization (RMA)
number from Verbatim prior to returning any Equipment to Verbatim under
this warranty by contacting Technical Support (see www.verbatim.com/
support). The Customer shall prepay shipping charges for Equipment
returned to Verbatim for warranty service, and Verbatim shall pay freight
charges for the return of the Equipment to the Customer, excluding
customs duties or taxes, if any. All returns require a dated original proof
of purchase and a letter explaining the problem. Before you deliver your
product for warranty service it is your responsibility to backup all data,
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