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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