GENERAL This Limited Warranty applies only to the Products sold by, and under brand of, FTA communications Technologies or X-SQUARE’s company, Longgang, Shenzhen, PRC to customer purchase for her or his own use and not destined for resale (defined hereinafter as “Customer” or “End User”). The term “Product” in this Limited Hardware Warranty does not include any software programs, whether pre-loaded with the Product, installed subsequently or otherwise. For the software warranty, see the end user license agreement included or delivered with the software.
1. DISCLAIMER & EXCLUSION Except as specified in this limited warranty, the foregoing warranties are given and accepted in lieu of any and all other warranties or conditions, express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose. To the extent an express or implied warranty cannot be excluded in some states or jurisdictions. The above exclusion may not apply. In that event, such warranties are limited in duration to the warranty period. No warranties apply after that period. Because some states or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply. This limited warranty gives customer specific legal rights, and customer may also have other rights which vary from jurisdiction to jurisdiction. Customer is advised to consult applicable state or country laws for a full determination of your rights. This disclaimer and exclusion shall apply even if the express warranty set forth below fails of its essential purpose.
2. LIMITATIONS OF LIABILITY Under no circumstances shall the Company or its supplier be liable for (a) damage to, or loss or corruption of records, programs, data or storage media, or (b) any damages whatsoever (including, but not limited to, direct or indirect damages, loss of business profits, lost savings or other special, incidental, exemplary or consequential damages whether for breach of warranty, contract, strict liability, tort) arising out of or resulting from the use of or inability to use the products and/or the enclosed written materials or the provision of or failure to provide support services, even if the Company, its supplier, an authorized Company representative, service provider or dealer have been advised of the possibility of such damages or of any claim by any third party. Any liability of the Company or its supplier which is not excluded shall be limited to the purchase price of the Product. Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply fully to the Customer, but such limitation shall apply to the maximum extent permitted by applicable law.
3. APPLICATION OF THE WARRANTY The Company warrants the Product against critical failure resulting from original manufacturing defects in workmanship or material, under normal use. The company does not warrant any uninterrupted or error-free operation of the product or that all deficiencies, errors, defects or nonconformities will be corrected. Unless the company specifies otherwise, this warranty extends only for the original user of the Product and the Warranty applies only in the country or region in which the original user purchases the Product to the Company or a Company Reseller in case of a resale.
4. WARRANTY PERIOD The warranty period of the Product is the longer of (a) 12 months or (b) the period set forth in the warranty card accompanying the Product (if any). The warranty period for the Product starts at the day of purchase (purchase invoice date) of the Customer, and in case of a resale by a Company Reseller not more than 30 days after the production date marked on the Product. Warranty is void if no proof or original purchase invoice is presented to Company. This Limited Warranty extends only to the original end-user purchaser of the Product and is not transferable to anyone who obtains ownership of the Product from the original end-user purchaser.
5. PRODUCT WARRANTY PERIOD TABLE Product Type Product Warranty Period Set top boxes 1 year LNBs 1 years
6. LIMITED WARRANTY EXCLUSIONS This Warranty with respect to the Customer’s Product is subject to the following exclusions: a. failure or damage resulting from misuse (including but not limited to use of any Product capacity or capability, other than that authorized by the Company in writing), accident, modification, unsuitable physical or operating environment, or improper maintenance by the Customer; b. failure caused by a Product for which the Company is not responsible; c. any non-Company Products, including those provided with, or installed on, a Company Product at the Customer request; d. accessories, supply items and consumables (e.g. batteries), and structural parts (e.g. frames and covers); e. service of Product alterations; f. service of a Product on which the Customer is using capacity or capability, other than that authorized by the Company in writing; g. any Product not manufactured by or for the Company, or sold to an end-user in a country not covered under this Warranty; h. loss of any, or damage to, programs, data, or storage media. The Company may opt to replace the Product submitted for warranty services and, thus, any data stored on the original Product may become permanently inaccessible. i. any third party services that are not under the control of the Company but may be required or habitually used by user of the Product, such as the availability of video/ audio and data services in certain formats in the environment of use of the Product. This Limited Warranty is voided by removal or alteration of identification labels on the Product or its parts. Any technical or other support provided for a Product under warranty, such as, “How to” questions and those regarding the product set-up and installation, is provided WITHOUT WARRANTIES OF ANY KIND. The Company is not liable for any transport / delivery / insurance costs, import duties, taxes, licensing fees and any charges from telephone/fax communication as consequence of the failure of the Product.
7. SERVICE DURING THE WARRANTY PERIOD In the event the Product is found to be defective within the warranty period, Customer’s sole and exclusive remedy and the entire liability of the Company under this Limited warranty will be, at the Company or its Service Center, at its option: (1) repair the Product by means of remote support such as, but not limited to, telephone, email support. (2) upon the product return to the party supplying it to the Customer, freight and insurance prepaid: (2.1) repair or replace any defective Product or parts of the Product thereof covered by the Warranty with new or factory-refurbished Products or parts that are equal to new products in performance. (2.2) refund the amount paid for the product, less a reasonable allowance for usage Unless the Company specified otherwise, a Product or part that is repaired or replaced under this Warranty shall be covered for the remainder of the original warranty period applying to the Product or part. All exchanged parts and Products replaced under this Warranty will become the property of the Company. PRODUCTS THAT ARE RETURNED IN AN INCOMPLETE STATE WITHOUT ALL THE ACCESSORIES WITH WHICH THEY WERE ORIGINALLY SOLD, INCLUDING BUT NOT LIMITED TO GIFTBOXES, REMOTE CONTROLS, SMART CARDS, POWER SUPPLY ACCESSORIES AND HDMI CABLES, OR IN A CONFIGURATION THAT IS DIFFERENT FROM THAT IN THE STATE OF ORIGINAL SALE WILL NOT BE ELIGIBLE FOR THE LIMITED WARRANTY. PLEASE BE ADVISED THAT PRODUCTS DELIVERED WITH SMART CARDS ARE RENDERED DYSFUNCTIONAL AND IRREPARABLE IF SMART CARD REMOVED.
8. TO GET THE LIMITED WARRANTY SERVICE The Company recommends the Customer first utilize support materials shipped with the product, product diagnostics, information contained on the Web, and email support: For the Set-top box & LNB product line: firstname.lastname@example.org / email@example.com If unsuccessful to obtain service under this warranty, the Customer must notify the Company Technical Support or its authorized Service Center representative of the defect before the expiration of the warranty period. Customers will provide appropriate assistance to the Telephone Support personnel to resolve issues. If the technical support is unsuccessful, The Company or its authorized Service representative will instruct the customer on how to receive warranty repair. If the Customer does not know of a Company authorized service center for the Company’s product, it should contact the reseller. If the reseller is an authorized service center, they will arrange for repair. If the Customer reseller is not a Company authorized Product’s service center, they will direct the customer to an authorized service center. The Company reserves the right to charge for service in exception cases.
9. GOVERNING LAW The Customer and the Company consent to the application of the laws of the country, in which the Customer purchase the Product to the Company or a Reseller approved by the Company in case of a resale, to govern, interpret, and enforce all of the Customer and the Company's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Statement of Limited Warranty, without regard to conflict of law principles. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
10. JURISDICTION All of our rights, duties, and obligations are subject to the courts of the country in which you purchase the product to the Company or a Company Reseller in case of a resale.