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will assist us in providing the best possible experience with this and future
SmartDisk products.
Warranty Terms
SmartDisk Corporation warrants its products to be free of defects in material and
workmanship under normal use and service for a period of 1 year from the date of
purchase or 3 years from the date of manufacture, whichever occurs first. Products
purchased in European Union countries covered by Directive 1999/44/EC are warranted
for a period of 2 years from the date of purchase. SmartDisk's sole obligation with
respect to claims of non-conformance made within the warranty period described above
shall be, at its option, to repair or replace any item of Equipment that SmartDisk, in its
sole discretion, determines to be defective. The Customer shall obtain a Return
Merchandise Authorization (RMA) number from SmartDisk prior to returning any
Equipment to SmartDisk under this warranty by contacting Technical Support (see
www.SmartDisk.com). The Customer shall prepay shipping charges for Equipment
returned to SmartDisk for warranty service, and SmartDisk 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. SmartDisk Corporation will not be responsible for items returned without an
RMA or improperly packaged. Replacement Equipment shall be new or like new in
performance and shall be warranted for the remaining duration of the warranty term of
the non-conforming Equipment. SmartDisk Corporation will not be responsible for
recovery of customer data from returned products that incorporate data storage. All
replaced Equipment shall become the property of SmartDisk. Any claims of defects not
made within the warranty period shall be deemed waived by Customer.
SmartDisk'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 SmartDisk and (v.) Customer
promptly installing all Product revisions that have been released for such Products by
SmartDisk throughout the warranty term. SmartDisk 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, SmartDisk 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 SmartDisk. 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, SmartDisk may, at its option, charge Customer for any