DitoGear™ Products Limited Warranty Terms
DitoGear’s warranty obligations for the hardware product are limited to the terms set forth herein. DitoGear warrants DitoGear-branded hardware product against defects in materials and workmanship under normal use for a period of one (1) year from the date of retail purchase by the original end-user purchaser (“Warranty Period”) or as long as it is required to comply with applicable law. If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, DitoGear will either (1) repair the hardware defect at no charge, using new or refurbished parts that are equivalent to new in performance and reliability, (2) exchange the product with a product that is new or refurbished that is equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. DitoGear may request that you replace defective parts with user-installable new or refurbished parts that DitoGear 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 DitoGear, 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 DitoGear’s property. Parts provided by DitoGear 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 DitoGear and becomes DitoGear’s property.
Exclusions and limitations.
To the extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied.
As permitted by applicable law, DitoGear specifically disclaims any and all statutory or implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects. If DitoGear 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 the express warranty and to the repair or replacement service as determined by DitoGear in its sole discretion. Some states, countries or provinces do not allow limitations on how long an implied warranty or condition may last, so the limitations described above may not apply to you. No DitoGear reseller, agent, or employee is authorized 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.
This Limited Warranty applies only to hardware products manufactured by or for DitoGear. The Limited Warranty does not apply to any non-DitoGear hardware products even if packaged or sold with DitoGear hardware. Manufacturers or suppliers, other than DitoGear, may provide their own warranties to the end user purchaser, but DitoGear, in so far as permitted by law, provides their products “as is”. DitoGear does not warrant that the operation of the product will be uninterrupted or error-free. DitoGear is not responsible for damage arising from failure to follow instructions relating to the product’s use.
This warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken elements on ports; (c) to damage caused by use with non-DitoGear products; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by DitoGear; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of DitoGear; (g) to a product or part that has been modified to alter functionality or capability without the written permission of DitoGear; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the product.
Except as provided in this warranty and to the extent permitted by law, DitoGear 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 or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property. 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. Some states (countries and provinces) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Obtaining warranty service.
DitoGear will provide warranty service either (i) at a DitoGear repair service location, Ditogear Retail or DitoGear Authorized Service Provider (“ASP”) location, where service is performed at the location, or the DitoGear Retail or ASP may send the product to an DitoGear repair service location for service, (ii) by requiring you to send the equipment to DitoGear’s repair service location for service on your cost, or (iii) by sending you customer installable new or refurbished replacement product or parts to enable you to service or exchange your own product (“DIY Service”). Costs of shipping damaged parts or products to DitoGear™ service location are covered by the Buyer. Costs of shipping of refurbished or replaced parts to the client are covered by DitoGear™ within Warranty Period or, in case of extended warranty, are covered by DitoGear™ to the equivalent of amount of USD 50.00.
Upon receipt of the replacement product or part, the original product or part becomes the property of DitoGear and you agree to follow instructions, including, if required, arranging the return of original product or part to DitoGear in a timely manner. When providing DIY Service requiring the return of the original product or part, DitoGear may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, DitoGear will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replaced product or part as instructed or the replaced product or part is not eligible for warranty service, DitoGear will charge the credit card for the authorized amount.
Please access and review the online help resources at the DitoGear website and contained in the Product User Manuals before requesting warranty service.
If the product is still not functioning properly after making use of these resources, please contact DitoGear™ Support.
Service options are subject to change at any time. You may be responsible for shipping and handling charges if the product cannot be serviced in the country from which service is requested.
If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, VAT and other associated taxes and charges.
For international service, DitoGear may repair or exchange defective products and parts with comparable products and parts that comply with local standards.
In accordance with applicable law, DitoGear may require that you furnish proof of purchase details before receiving warranty service.
DitoGear™ may refuse to provide warranty service if the goods have been imported to your country in an illegal way, for example without proper customs clearance or if your balance with DitoGear™ is not clear DitoGear™ may refuse to provide warranty service unless the balance is cleared.