Winmate's general warranty obligations for Winmate-branded hardware products are limited to the terms set forth below:
Unless a different period is specified for a particular hardware product on www.winmate-rugged.com, or in a sales agreement between Winmate Inc. and the original end-user purchaser, or in the published specification sheet for the hardware product, all Winmate-branded hardware products are generally warranted against defects in workmanship and materials for a period of TWELVE MONTHS, i.e. ONE YEAR from the date of shipment, provided the product remains unmodified and is operated under normal and proper conditions. Warranty provisions and durations on integrated installed systems, product modified or designed to meet specific customer specifications ("Custom Products"), product accessories, remanufactured products, reconditioned or upgraded products, and software shall be as provided in the particular product documentation in effect at the time of purchase or in the accompanying software license. Unless otherwise provided: (i) Accessories that contain a serial number, such as adaptors, cradles and certain power supplies ("Serialized Accessories") carry a warranty term of ninety (90) days from the date of shipment and non-serialized accessories, such as cables and product stands/holders (excluding consumables) are warranted for a period of thirty (30) days from date of shipment by Winmate or one of its Authorized Distributors or Dealers.
Products may be serviced or manufactured with parts, components, or subassemblies that originate from returned products and that have been tested as meeting applicable specifications for equivalent new material and products.
Winmate Inc. Obligation
The sole obligation of Winmate for defective hardware products is limited to repair or replacement (at Winmate's option) on a "return to service facility" basis with prior authorization by Winmate. The purchaser is responsible for shipment to Winmate or one of its Authorized Service Providers, and assumes all costs and risks associated with this transportation; return shipment to the original end-user purchaser will be at Winmate's expense. Purchaser shall be responsible for return shipment charges for product returned where Winmate determines there is no defect ("No Defect Found"), or for product returned that Winmate determines is not eligible for warranty repair. No charge will be incurred by the purchaser for replacement parts for warranty repairs. Winmate is not responsible for any damage to, or loss of, any software programs, data or removable data storage media, or the restoration or reinstallation of any software programs or data other than the software, if any, installed by Winmate during manufacture of the product. Winmate's sole obligation for software that when properly installed and used does not substantially conform to the published specifications in effect when the software is first shipped by Winmate, is to use commercially reasonable efforts to correct any reproducible material non conformity (as determined by Winamte at its sole discretion) by providing the purchaser with: (a) telephone or e-mail access to report non-conformance so that Winmate can verify reproducibility; (b) a software patch or bug fix, if available, or a workaround to bypass the issue, if available; and (c) where applicable, replacement of damaged or defective external media, such as a CD-ROM disk, on which the software was originally delivered. Winmate does not warrant that the use of the software will be uninterrupted, error-free, free of security vulnerabilities, or that the software will meet Customer's particular requirements. Purchaser's sole and exclusive remedy for breach of this warranty is, at Winmate's option, to receive (i) suitably modified software, or part thereof, or (ii) comparable replacement software or part thereof.
The above warranty provisions shall not apply to any hardware or software product distributed by Winmate with or without the Winmate brand name (including, but not limited to system software ) (i) which has been repaired, tampered with, altered or modified, except by Winmate or one of its Authorized Service Providers; (ii) in which the defects or damage to such product result from normal wear and tear, misuse, negligence, improper storage, water or other liquids, battery leakage, use of parts or accessories not approved or supplied by Winmate, or failure to perform operator handling and scheduled maintenance instructions supplied by Winmate; or (iii) which has been subjected to unusual physical or electrical stress, abuse, or accident, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification; nor shall the above warranty provisions apply to any expendable or consumable items, such as batteries, supplied with the product.
Except For The Warranty Of Title And The Express Warranties Stated Above, Winmate Disclaims All Warranties On Products Furnished Hereunder, Including All Implied Warranties Of Merchantability, Fitness For A Particular Use. The Remedy Set Forth In This Section Is Purchaser's Sole And Exclusive Remedy For Warranty Claims And Is Expressly In Lieu Of All Other Remedies That May Be Available To Purchaserat Law Or In Equity.
This warranty does not apply to:
- loss or theft;
- acts of god;
- acts of war;
- virus-inflicted damage;
- intentional misuse or abuse;
- improper maintenance or modification by anyone other than Winmate or a Winmate Authorized Service Provider;
- a product or part that has been modified to alter functionality or capability without the written permission of Winmate;
- a product on which any Winmte serial number has been removed or defaced;
- data recovery from hard drive failure;
- All consumable items; such as screen protection films, labels, cleaning cloths, carry cases, manuals, cables, straps, belts, holsters, and mounts, and any other options and accessories not listed above or covered under a separate warranty.
- to cosmetic damage that does not affect the functionality of the system, including but not limited to scratches, dents, and numbers, letters, icons and symbols silkscreened onto unit keycaps and housing.
Winmate Inc. is dedicated to delivering products that provide our customers with long-term return on their investment. As our customers' requirements evolve and application demands grow, we continuously develop newer products to meet these needs.
Winmate Inc. understands that our customers continue to derive value from our products after they have been discontinued. Therefore, we have made a commitment to our customers to support our products throughout their life cycle. Our goal is to support products for at least THREE YEARS after the product has been discontinued.
The provision of service and support for discontinued product is contingent upon Winmate's ability to obtain and utilize the parts, technology and/or processes used in the service and support of the products. Should the parts, technology or resources become discontinued, obsolete or no longer available, Winmate will evaluate the impact on serviceability and communicate changes to this policy.
Winmate allocates resources based upon contractual commitments. Winmate customers who maintain continuous service coverage of their equipment, by means of a service agreement, will receive priority service consideration.