AccuBANKER Three (3) Year Limited Warranty
AccuBANKER's warranty obligations are limited to the terms set forth below:
AccuBANKER, as defined below, warrants this AccuBANKER-branded hardware product against defects in materials and workmanship under normal use for a period of THREE (3) YEARS from the date of retail purchase by the original end-user purchaser ("Warranty Period"). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option, AccuBANKER or a Certified AccuBANKER Service Partner here on referred to collectively as "AccuBANKER" will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, or (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. AccuBANKER may request that you replace defective parts with new or refurbished user-installable parts that AccuBANKER provides in fulfillment of its warranty obligation. A replacement product or part, including a user installable part that has been installed in accordance with instructions provided by AccuBANKER, assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes AccuBANKER's property. Parts provided by AccuBANKER in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to AccuBANKER and becomes AccuBANKER's property. AccuBANKER, at its sole discretion, will repair, replace, or adjust the defective Product, provided that AccuBANKER investigation and factory inspection disclose that (a) such a defect developed under normal and proper use and (b) the Product is covered under this warranty. Repair, replacement, or adjustment of defective Products shall be AccuBANKER's sole obligation and the customer's sole remedy hereunder. The customer is liable and shall pay for shipment of the Products to AccuBANKER. AccuBANKER shall not be obligated to perform periodic maintenance, installation, de-installation, or relocation.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to hardware products manufactured by or for AccuBANKER that can be identified by the "AccuBANKER" trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-AccuBANKER hardware products or any software, even if packaged or sold with AccuBANKER hardware. Manufacturers, suppliers, or publishers, other than AccuBANKER, may provide their own warranties to the end-user purchaser, but AccuBANKER, in so far as permitted by law, provides their products "as is". Software distributed by AccuBANKER with or without the AccuBANKER brand name is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use.
AccuBANKER does not warrant that the operation of the product will be uninterrupted or error-free. AccuBANKER is not responsible for damage arising from failure to follow instructions relating to the product's use.
This warranty does not apply: (a) to damage caused by use with non-AccuBANKER products: (b) defects or damage to the product resulting from wear, lack of periodic maintenance, transportation, tear, mishandling, accidental or intentional physical damage, misuse, abuse, negligence, problems with electrical power, improper storage, impact, water or other liquids, insect/rodent infestation, sand, fire, flood, earthquake, vandalism, non-performance of scheduled operator and maintenance items, improper environment, other external causes, cosmetic damage and problems due to improper and/or non-AccuBANKER authorized installation or repairs, battery leakage, or use of non-approved accessories, consumables, or supplies; (c) to damage caused by operating the product outside the permitted or intended uses described by AccuBANKER; (d) to damage caused by tampered with, altered, changed, modified, disassembled, serviced or repaired (including upgrades and expansions) performed by anyone who is not a representative of AccuBANKER or a Certified AccuBANKER Service Partner; (e) to a product or part that has been modified to significantly alter functionality or capability without the written permission of AccuBANKER; (f) to consumable parts, such as lamps, batteries, rubber wheels, etc. unless damage has occurred due to a defect in materials or workmanship; (g) if any AccuBANKER serial number has been removed or defaced; or (h) products for which AccuBANKER has not received payment
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, ACCUBANKER SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF ACCUBANKER CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY ACCUBANKER IN ITS SOLE DISCRETION. NO ACCUBANKER PARTNER, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, ACCUBANKER 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 REFUTATION; LOSS OR 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 OR USED WITH ACCUBANKER PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. ACCUBANKER DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OE THE PROGRAMS OR DATA.
CONSUMER PROTECTION LAWS FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. Some countries, states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by country, state or province.
This Limited Warranty shall be governed by the laws of the State of Florida, U.S.A., and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.
OBTAINING WARRANTY SERVICE
Please access and review the online help resources referred to in the documentation accompanying this hardware product before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact the AccuBANKER representatives or, if applicable, a Certified AccuBANKER Service Partner. An AccuBANKER representative or Certified AccuBANKER Service Partner will help determine whether your product requires service and, if it does, will inform you how AccuBANKER will provide it. AccuBANKER or its Certified AccuBANKER Service Partner will provide warranty service on products that are tendered or presented for service during the Warranty Period, as permitted by law. If the product is portable, meaning that it can operate independently without a power cord, you may obtain warranty service worldwide. However, service will be limited to the options available in the country where service is requested. If the product is not portable, warranty service may be restricted to the country where the product is purchased. Service options, parts availability and response times will vary according to country. Be aware, that not all countries have Certified AccuBANKER Service Partners and not all Certified AccuBANKER Service Partners outside the country of purchase have all parts or replacement units for all products. If the product cannot be repaired or replaced in the country it is in, it may need to be sent to a different country or returned to the country of purchase at your expense for repair or replacement. Additionally you may be responsible for return shipping and handling charges if the product cannot be serviced in the country it is in. In accordance with applicable law, AccuBANKER may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.
If your product is capable of storing data or software programs, you should make periodic backup copies of the data and programs contained on the product's hard drive or other storage media to protect your data and as a precaution against possible operational failures. Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of the system software, application software and data, and disable any security passwords. You will be responsible for reinstalling all such software, data and passwords.
AccuBANKER and its Authorized Service Providers are not liable for any damage to or loss of any programs, data, or other information stored on any media, or any non-AccuBANKER product or part not covered by this warranty. Recovery and reinstallation of system and application software and user data are not covered under this Limited Warranty.
In order to obtain warranty service, when you contact AccuBANKER or a Certified AccuBANKER Service Partner, you will be asked to furnish:
- Your name, address, telephone number,
- Proof of the original purchase containing a description of the product(s) purchase date, and the appropriate AccuBANKER serial number(s), and
- The local warranty card issued by AccuBANKER after registration (only in countries where AccuBANKER requires warranty registration).