MCDS Hardware Warranty
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. OTHER THAN AS PERMITTED BY LAW, MCDS DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS THAT MAY AFFECT CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. MCDS DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, MCDS LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT MCDS'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW.
WHAT IS COVERED BY THIS WARRANTY?
MCDS warrants the MCDS provided hardware product and accessories contained in the original packaging ("MCDS Product") against defects in materials and workmanship when used normally in accordance with MCDS's published guidelines for a period of ONE (1) YEAR from the date of original purchase by the end-user purchaser ("Warranty Period"). MCDS's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This warranty does not apply to any non-MCDS provided hardware products or any software, even if packaged or sold with MCDS hardware. Manufacturers, suppliers, or publishers, other than MCDS, may provide their own warranties to you but MCDS, in so far as permitted by law, provides their products "AS IS". Software distributed by MCDS with or without the MCDS brand (including, but not limited to system software) is not covered by this warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. MCDS does not warrant that the operation of the MCDS Product will be uninterrupted or error-free. MCDS is not responsible for damage arising from failure to follow instructions relating to the MCDS Product's use.
This warranty does not apply: (a) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the MCDS Product outside MCDS's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of MCDS; (g) to an MCDS Product that has been modified to alter functionality or capability without the written permission of MCDS; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the MCDS Product, or (i) if any serial number has been removed or defaced from the MCDS Product.
IF YOUR MCDS PRODUCT IS CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, MCDS or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow MCDS's procedures for obtaining warranty service. Before submitting your MCDS Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords if any.
DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE MCDS PRODUCT'S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT MCDS AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE MCDS PRODUCT SERVICED.
Following warranty service your MCDS Product or a replacement product will be returned to you as your MCDS Product was configured when originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this warranty.
WHAT WILL MCDS DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to MCDS. MCDS will, at its option, (i) repair the MCDS Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the MCDS Product with a product that is at least functionally equivalent to the MCDS Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability.
MCDS may request that you replace certain user-installable parts or products. A replacement part or product, including a user-installable part that has been installed in accordance with instructions provided by MCDS, assumes the remaining warranty of the MCDS Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes MCDS's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the MCDS Product is still not functioning properly after making use of these resources, please contact an MCDS representative. An MCDS representative will help determine whether your MCDS Product requires service and, if it does, will inform you how MCDS will provide it. When contacting MCDS via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
MCDS will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your MCDS Product to an MCDS Office location offering carry-in service. Service will be performed at the location, or MCDS Distributor may send your MCDS Product to an MCDS Repair Service ("MCRS") location to be serviced. Once you are notified that service is complete, you will promptly retrieve the MCDS Product from the MCDS Office location, or the MCDS Product will be sent directly to your location from the MCRS location.
(ii) Mail-in service. If MCDS determines that your MCDS Product is eligible for mail-in service, Customer / Consumer ("you") may need to prepare waybills and if applicable, packaging material, so that you may ship your MCDS Product to an MCRS location in accordance with MCDS's instructions. Once service is complete, the MCRS location will return the MCDS Products to you. MCDS will pay for shipping to your location if all instructions are followed.
(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own MCDS Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where MCDS requires return of the replaced product or part. MCDS may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and MCDS will offer alternative arrangements for service. MCDS will ship a replacement product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced product or part. If you follow the instructions, MCDS will cancel the credit card authorization, so you will not be charged for the product or part and shipping to and from your location. If you fail to return the replaced product or part as instructed or return a replaced product or part that is ineligible for service, MCDS will charge your credit card for the authorized amount.
(b) Service where MCDS does not require return of the replaced product or part. MCDS will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part.
(c) MCDS is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact MCDS at the telephone number listed below.
MCDS reserves the right to change the method by which MCDS may provide warranty service to you, and your MCDS Product's eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the MCDS Product cannot be serviced in the country it is in. 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, G.S.T. and other associated taxes and charges.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCDS 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, COMPROMISE 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 IN OR USED WITH THE MCDS PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE MCDS PRODUCT.
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. MCDS DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY MCDS PRODUCT UNDER THIS WARRANTY OR REPLACE THE MCDS PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE MCDS PRODUCT.
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.
No MCDS 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 warranty is governed by and construed under the laws of the country in which the MCDS Product purchase took place. MCDS is identified at the end of this document according to the country or region in which the MCDS Product purchase took place. MCDS or its successor in title is the warrantor under this warranty.