LIMITED WARRANTY – Traxdata Flash Memory Products

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Traxdata warrants to the original end user purchaser (“You”) that for the Warranty Period listed below from the purchase date, the Product (excluding any third party software) will be free of defects in materials and workmanship under normal use.

You must have proof of purchase and obtain warranty service authorization from Traxdata within the applicable warranty period before returning defective products to Traxdata.

This implies that, before returning the product, you must first obtain a Return Material Authorization ("RMA") number from Conrexx Technology BV / Traxdata.

Returned products must be shipped prepaid and packaged appropriately, and it is recommended that they be insured or sent by a method that provides for tracking of the package. Traxdata is not responsible for any Product that is lost or damaged in transit.

If Traxdata ships a replacement product to you before receiving the original product and you fail to return the original product to Traxdata within thirty (30) days from the date the warranty service authorization is issued, Traxdata will charge you the then current manufacturer’s suggested retail price of such product.

Your exclusive remedy and Traxdata’s entire liability under this warranty will be for Traxdata at its option to repair or replace the Product or refund your purchase price less any rebates, when reparation and replacement of the Product are no option. Traxdata does not warrant against loss of any data or images (including data stored on Product returned to Traxdata for service), and assumes no liability for such loss.

Warranty will be void in cases of opened products, physical damage, misuse, modification, and repair by unauthorised persons, carelessness and using the product for other purpose than its intended use.

ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

There are inherent risks associated with any biometric sensor technology and security safeguard, including encryption technology, and biometric sensors and security safeguards, by their nature, are capable of circumvention. Traxdata cannot, and does not, guarantee that your data will not be accessed by unauthorized persons, and Traxdata disclaims any warranties to that effect of the fullest extent permitted by law. You should not use this product to protect sensitive data such as financial information or for accessing corporate networks.

Some jurisdictions do not allow limitations on how long an implied warranty lasts or at all, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary by jurisdiction. This limitation does not affect your statutory rights.

The warranty is excluded in case of damage caused by accidents or disasters, such as fire, flood, earthquake, war, vandalism or theft.

All third party software provided with the Product is provided “AS IF”. You assume the entire risk as to the quality, performance, accuracy and effect of such software, and should it prove defective, you, and not Traxdata, assume the entire cost of all necessary servicing or repair.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TRAXDATA BE LIABLE FOR ANY LOST IMAGES, DATA REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF TRAXDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRAXDATA’S LIABILITY EXCEED THE AMOUNT PAID BY FOR THE PRODUCT.

The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose.

 

 

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