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(see www.SmartDisk.com). The Customer shall prepay shipping charges for Equipment returned to
SmartDisk for warranty service, and SmartDisk shall pay freight charges for the return of the
Equipment to the Customer, excluding customs duties or taxes, if any. All returns require a dated
original proof of purchase and a letter explaining the problem. Before you deliver your product for
warranty service it is your responsibility to backup all data, including all software programs. You
will be responsible for reinstalling all data. Data recovery is not included in the warranty service and
SmartDisk is not responsible for data that may be lost or damaged during transit or a repair.
SmartDisk will not be responsible for items returned without an RMA or improperly packaged.
Replacement Equipment shall be new or like new in performance and shall be warranted for the
remaining duration of the warranty term of the non-conforming Equipment. All replaced Equipment
shall become the property of SmartDisk. Any claims of defects not made within the warranty period
shall be deemed waived by Customer.
SmartDisk's warranty obligations hereunder are expressly conditioned upon (i.) the Products being
properly installed, used and maintained at all times by Customer; (ii.) the Products not being subject
to unusual mechanical stress or unusual electrical or environmental conditions or other acts of God;
(iii.) the Products not being subjected to misuse, accident or any unauthorized
installation/deinstallation by Customer or other third party; (iv.) the Products not being altered or
modified in an unauthorized manner, unless approved in writing or otherwise performed by
SmartDisk and (v.) Customer promptly installing all Product revisions that have been released for
such Products by SmartDisk throughout the warranty term. SmartDisk does not warrant that the
Products will operate in any specific combination that may be selected for use by Customer or that
the operation of the Products will be uninterrupted or error free, or that all non-conformance or
defects will be remedied. Additionally, SmartDisk shall have no warranty obligations for any failure
of the Products to conform to the applicable product specifications resulting from the combination
of any Product(s) with hardware and/or software not supplied by SmartDisk. If it is determined that
any Product(s) reported as defective or non-conforming by Customer during the warranty period is
not defective or non-conforming, SmartDisk may, at its option, charge Customer for any labor
provided and expenses incurred by SmartDisk in connection with such determination, at
SmartDisk's then current rates.
SmartDisk is not liable for any damage to or loss of any programs, data, or other information stored
on any media contained within the SmartDisk hardware product, or any non-SmartDisk product or
part not covered by this warranty. Recovery or reinstallation of programs, data or other information
is not covered under this Limited Warranty.
SmartDisk shall not be responsible for unauthorized sale or misrepresentation by unauthorized third
party resellers. SmartDisk warranties are not transferable with ownership. Products purchased by
auction, yard sale, flea market or purchased as demo units may not be covered under SmartDisk’s
warranty.
THE WARRANTIES OF SMARTDISK AND REMEDIES OF CUSTOMER SET FORTH IN
THIS SECTION ARE EXCLUSIVE AND ARE GIVEN BY SMARTDISK AND ACCEPTED BY
CUSTOMER IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER
WARRANTIES BEING HEREBY EXPRESSLY AND UNEQUIVOCALLY DISCLAIMED BY
SMARTDISK AND WAIVED BY CUSTOMER.
SMARTDISK IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR
CONDITION, INCLUDING ANY COSTS OF RECOVERING OR REPRODUCING ANY
PROGRAM OR DATA STORED IN OR USED WITH THE SMARTDISK PRODUCT.
SMARTDISK SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO
REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR MAKE A PRODUCT
EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.