| OWC/Axiotron Modbook Solution 90 Day Limited Warranty
Warranty Coverage This warranty coverage is limited to the OWC/Axiotron Modbook Solution, and does not apply to any other products produced by or sold by Other World Computing. For general terms of service, please vist http://eshop.macsales.com/Service/index.cfm?page=tos.html. Other World Computing's warranty obligations are limited to the terms set forth below: A 15% restocking fee applies to any Modbook returned for refund/exchange for different model/credit. Such returns allowed within 21 days and machine must arrive back at OWC by or before the 21st day. All returns require a valid RMA number and Modbook must have been purchased directly from Other World Computing to apply. Axiotron warrants the OWC/Axiotron Modbook Solution against defects in materials and workmanship under normal use for a period of 90 DAYS* from the date of retail purchase. If a hardware defect arises and a valid RMA (Return Merchandise Authorization) is received within the Warranty Period, Other World Computing, at its sole discretion will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, or (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is equal to or better than the original product, or (3) refund the purchase price of the product. Other World Computing may request that you replace defective parts with new or refurbished user-installable parts that Other World Computing 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 Other World Computing, 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. Any defective exchanged parts must be returned to Other World Computing or you will be charged for the replaced parts. * An extended hardware warranty, providing up to 3 years of total coverage, is available for purchase from OWC up to 30 days after the original purchase receipt of the Modbook. This warranty extends all aspects of the original warranty, except for consumables such as batteries. In addition, while the original warranty is not transferrable, the extended warranty is. EXCLUSIONS AND LIMITATIONS This Limited Warranty applies only to the OWC/Axiotron Modbook Solution. The Limited Warranty does not apply to any other Other World Computing hardware products or any software, even if packaged or sold with Other World Computing hardware. Manufacturers, suppliers, or publishers, other than Axiotron and Other World Computing, may provide their own warranties to the end user purchaser, but Other World Computing, in so far as permitted by law, provides their products "as is". Software included with the Modbook is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Other World Computing does not warrant that the operation of the product will be uninterrupted or error-free. Other World Computing is not responsible for damage arising from failure to follow instructions relating to the product's use. This warranty does not apply: (a) to damage caused by use with non-Other World Computing products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by Other World Computing; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Other World Computing or an Other World Computing Authorized Service Provider; (e) to a product or part that has been modified to significantly alter functionality or capability without the written permission of Other World Computing; (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; or (g) if any Other World Computing serial number has been removed or defaced. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, OTHER WORLD COMPUTING SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF OTHER WORLD COMPUTING 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 THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY OTHER WORLD COMPUTING IN ITS SOLE DISCRETION. No Other World Computing reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, OTHER WORLD COMPUTING 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 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 OR USED WITH OTHER WORLD COMPUTING PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. OTHER WORLD COMPUTING DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA. CONSUMER PROTECTION LAWS FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. Some countries, states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by country, state or province. This Limited Warranty is governed by and construed under the laws of the country in which the product purchase took place. PRODUCT WARRANTY An extended hardware warranty, providing up to 3 years of total coverage, is available for purchase from OWC up to 30 days after the original purchase receipt of the Modbook. This warranty extends all aspects of the original warranty, except for consumables such as batteries. In addition, while the original warranty is not transferrable, the extended warranty is. OBTAINING WARRANTY SERVICE Please access and review the included before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact the Other World Computing representatives or, if applicable, an Other World Computing Authorized Service Provider located using the information provided in the documentation. An Other World Computing representative or Other World Computing Authorized Service Provider will help determine whether your product requires service and, if it does, will inform you how Other World Computing will provide it. Other World Computing or its Other World Computing Authorized Service Providers will provide warranty service on products that are tendered or presented for service during the Warranty Period, as permitted by law. You will be responsible for shipping and handling charges to the United States of America for any warranty service. If you are located outside of the United States of America, you will also be responsible for return shipping, via carrier of your choice, of the repaired Modbook back to you. In accordance with applicable law, Other World Computing may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service. Dead On Arrival (DOA) Product: System Failure Out of the Box An OWC/Axiotron Modbook Solution is considered DOA if it shows symptoms of hardware failure, preventing basic operability, upon it's first use out of the box. If you believe your Modbook is DOA, please call Other World Computing Technical Support at (800) 275-4576 within 48 business hours after receipt of the Modbook. Other World Computing Support will determine whether the product is DOA and offer you the following options: • Replacement: The same produt you ordered will be shipped to you at Other World Computing's expense. Depending on the configuration selected, immediate replacement may not be available. Other World Computing reserves the right to test returned DOA product. If the condition of the product is misrepresented by the customer, Other World Computing will impose a $500 handling fee. Data Protection Liability Because your Modbook is capable of storing data or software programs, you should make periodic backup copies of the data and programs contained on the Modbook's hard drive or other storage media to protect your data and as a precaution against possible operational failures. Before you deliver your Modbook for warranty service it is your responsibility to keep a separate backup copy of the system software, application software and data, and disable any security passwords. You will be responsible for reinstalling all such software, data and passwords. Other World Computing and its Authorized Service Providers are not liable for any damage to or loss of any programs, data, or other information stored on any media, or any non-Other World Computing product or part not covered by this warranty. Recovery and reinstallation of system and application software and user data are not covered under this Limited Warranty. OTHER TERMS AND CONDITIONS: • Other World Computing is not responsible for typographical errors. |