Thinxtech One (1) Year Limited Warranty

WHAT IS COVERED BY THIS WARRANTY?
Thinx Technology warrants the Thinx Technology-branded hardware product ("Thinx Technology Product") against defects in materials and workmanship when used normally in accordance with Thinx Technology published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Thinx Technology published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
Please note: All claims made under the Thinx Technology One-Year Limited Warranty will be governed by the terms set out in this warranty document.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-Thinx Technology branded hardware products or any software, even if packaged or sold with Thinx Technology hardware. Manufacturers, suppliers, or publishers, other than Thinx Technology, may provide their own warranties to you – please contact them for further information. Software distributed by Thinx Technology with or without the Thinx Technology brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Thinx Technology does not warrant that the operation of the Thinx Technology Product will be uninterrupted or error-free. Thinx Technology is not responsible for damage arising from failure to follow instructions relating to the Thinx Technology Product's use.
This Warranty does not apply: (a) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use a third party component or product that does not meet the Thinx Technology Product's specifications (Thinx Technology Product specifications are available at www.thinxtech.com under the technical specifications for each product); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Thinx Technology Product outside Thinx Technology published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Thinx Technology or a Thinx Technology Authorised Service Provider; (g) to a Thinx Technology Product that has been modified to alter functionality or capability without the written permission of Thinx Technology; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Thinx Technology Product; (i) if any serial number has been removed or defaced from the Thinx Technology Product; or (j) if Thinx Technology receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorised access to the Thinx Technology Product, and you cannot prove in any way that you are the authorised user of the product (eg. by presenting proof of purchase).
YOUR RESPONSIBILITIES
IF YOUR Thinx Technology PRODUCT IS CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, Thinx Technology or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Thinx Technology procedures for obtaining warranty service. Before submitting your Thinx Technology Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE Thinx Technology PRODUCT'S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT Thinx Technology AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE Thinx Technology PRODUCT SERVICED.
Following warranty service your Thinx Technology Product or a replacement device will be returned to you as your Thinx Technology Product was configured when originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
WHAT WILL Thinx Technology DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Thinx Technology in accordance with this warranty, Thinx Technology will, at its option:
(i) repair the Thinx Technology Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the Thinx Technology Product with the same model (or a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the Thinx Technology Product for a refund of your purchase price.
Thinx Technology may request that you replace certain user-installable parts or Thinx Technology Products. A replacement part or Thinx Technology Product, including a user-installable part that has been installed in accordance with instructions provided by Thinx Technology, assumes the remaining term of the Warranty. When an Thinx Technology Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Thinx Technology property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the Thinx Technology Product is still not functioning properly after making use of these resources, please contact an Thinx Technology representative using the information provided below. A Thinx Technology representative will help determine whether your Thinx Technology Product requires service and, if it does, will inform you how Thinx Technology will provide it.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
Thinx Technology will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your Thinx Technology Product to a Thinx Technology location offering carry-in service. Service will be performed at the location, or Thinx Technology may send your Thinx Technology Product to another location to be serviced. Once you are notified that service is complete, you will retrieve the Thinx Technology Product from the Thinx Technology location without delay, unless Thinx Technology notifies you that the Thinx Technology Product will be sent directly to your location.
(ii) Mail-in service. If Thinx Technology determines that your Thinx Technology Product is eligible for mail-in service, Thinx Technology will send you instructions on how to properly pack and address your Thinx Technology product, so that you may ship your Thinx Technology Product to a Thinx Technology location. Once service is complete, the Thinx Technology location will return the Thinx Technology Product to you. You will pay for shipping to and from your location.
Thinx Technology reserves the right to change the method by which Thinx Technology may provide warranty service to you, and your Thinx Technology Product's eligibility to receive a particular method of service. Service will be limited to the options available in the region where service is requested. Service options, parts availability and response times may vary according to region.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, Thinx Technology 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 REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE 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 IN OR USED WITH THE Thinx Technology PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE Thinx Technology PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. Thinx Technology DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY Thinx Technology PRODUCT UNDER THIS WARRANTY OR REPLACE THE Thinx Technology PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE Thinx Technology PRODUCT.
GENERAL
No Thinx Technology reseller, agent, or employee is authorised to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Thinx Technology or its successor in title is the warrantor under this Warranty.