Warranty Terms and Conditions

The full terms of Axivity's warranty are outlined below (as of 1 January 2013)


Your Guarantee

By this Guarantee, Axivity guarantees the product to be free from defects in materials and workmanship at the date of original purchase for a period of ONE YEAR from that date.If within the guarantee period the product is determined to be defective (at the date of original purchase) due to improper materials or workmanship, Axivity will without charge for labour or parts, repair or (at Axivity's discretion) replace the product or its defective parts subject to the terms and limitations below.

Axivity may replace defective products or parts with new or refurbished products or parts. All products and parts replaced become the property of Axivity.


Terms

  1. Guarantee services will be provided only if the defective product is presented within the guarantee period. Axivity may refuse free-of-charge guarantee service if the product is not presented within this time period. This Guarantee will not apply if the model name or serial number on the product has been altered, deleted, removed or made illegible.
  2. To avoid damage to or loss/erasure of data you must download any data before submitting your product for guarantee service.
  3. This Guarantee does not cover transport costs and risks associated with transport of your product to and from Axivity.
    4. This guarantee does not cover:
    • misuse, including:
      • treatment resulting in physical, cosmetic or surface damage or changes to the product;
      • failure to install or use the product for its normal purpose or in accordance with instructions on installation or use;
      • failure to maintain the product in accordance with instructions on proper maintenance;
      • installation or use of the product in a manner inconsistent with the technical or safety laws or standards in the country where it is installed or used.
    • Virus infections or use of the product with software not provided with the product or incorrectly installed software.
    • The condition of or defects in systems with which the product is used or incorporated except other Axivity products designed to be used with the product.
    • Use of the product with accessories, peripheral equipment and other products of a type, condition and standard other than prescribed by Axivity.
    • Repair or attempted repair by persons who are not Axivity approved.
    • Adjustments or adaptations without Axivity’s prior written consent, including:
      • upgrading the product beyond specifications or features described in the instruction manual, or
      • modifications to the product to conform it to national or local technical or safety standards in countries other than those for which the product was specifically designed and manufactured.
    • Neglect.
    • Accidents, fire, liquids, chemicals, other substances, flooding, vibrations, excessive heat, improper ventilation, power surges, excess or incorrect supply or input voltage, radiation, electrostatic discharges including lighting, other external forces and impacts.
  5. This guarantee covers only hardware components of the product. It does not cover software (whether of Axivity or others) for which an end-user license agreement or separate warranty/guarantee statements or exclusions are provided or intended to apply.

Exclusions and limitations except as stated above, Axivity makes no warranties (express, implied, statutory or otherwise) regarding product or accompanying or constituent software quality, performance, accuracy, reliability, fitness for a particular purpose, or otherwise.

If this exclusion is not permitted or fully permitted by applicable law, Axivity excludes or limits its warranties only to the maximum extent permitted by applicable law. Any warranty that cannot be fully excluded will be limited (as far as permitted by applicable law) to the duration of this Guarantee.Axivity’s only obligation under this Guarantee is to repair or replace products subject to these Guarantee terms and conditions.

Axivity is not liable for any loss or damage relating to products, service, this Guarantee or otherwise, including – economic or intangible losses – the price paid for the product – loss of profits, revenue, data, enjoyment or use of the product or any associated products – indirect, incidental or consequential loss or damage.

This applies whether that loss or damage relates to: impaired or non-operation of the product or associated products through defects or unavailability while with Axivity, which caused downtime, loss of user time or business interruption inaccuracy of output from the product or associated products damage to or loss of software programs or removable data storage media, or virus infections and other causes.

This applies to loss and damages under any legal theory, including negligence and other torts, breach of contract, express or implied warranty, and strict liability (even where Axivity has been advised of the possibility of such damages). Where applicable law prohibits or limits these liability exclusions, Axivity excludes or limits its liability only to the maximum extent permitted by applicable law.

For example, some countries prohibit the exclusion or limitation of damages resulting from negligence, gross negligence, wilful misconduct, deceit and similar acts.Axivity’s liability under this guarantee will in no case exceed the price paid for the product, but if applicable law permits only higher liability limitations, the higher limitations apply.

Your legal rights reserved. This guarantee does not affect statutory rights you may have nor those rights that cannot be excluded or limited, nor rights against the person from whom you purchased the product. You may assert any rights you have at your sole discretion.

Axivity Ltd, The Core, Bath Lane, Newcastle Helix, Newcastle upon Tyne, NE4 5TF, UK