CONSUMER RIGHTS AND RESTRICTIONS. FOR CONSUMERS, WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. THIS WARRANTY DOES NOT EXCLUDE, LIMIT OR SUSPEND ANY RIGHTS OF CONSUMERS ARISING OUT OF NON-CONFORMITY WITH A SALES CONTRACT. HOWEVER, AS DESCRIBED BELOW, APACHE TECH DISCLAIMS STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW, AND IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ALL SUCH WARRANTIES SHALL TO THE EXTENT PERMITTED BY LAW BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY DESCRIBED BELOW AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY APACHE TECH IN ITS SOLE DISCRETION. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROMSTATE TO STATE (OR BY COUNTRY OR PROVINCE). THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT PURCHASE TOOK PLACE. APACHE TECH, THE WARRANTOR UNDER THIS LIMITED WARRANTY, IS IDENTIFIED AT THE END OF THIS DOCUMENT ACCORDING TO THE COUNTRY OR REGION IN WHICH THE PRODUCT PURCHASE TOOK PLACE.
WARRANTY. Apache Tech’s warranty obligations for this hardware product are limited to the terms set forth herein. Apache Tech, warrants this product against defects in materials and workmanship under normal use for a period of FIVE (5) YEAR from the date of retail purchase by the original end-user purchaser (“Warranty Period). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Apache Tech will either (1) repair the hardware defect at no charge, using new or refurbished parts that are equivalent to new in performance and reliability, (2) exchange the product with a product that is new or refurbished that is equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. Apache Tech may request that you replace defective parts with user-installable new or refurbished parts that Apache Tech provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by Apache Tech, assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes Apache Tech’s’s property. Parts provided by Apache Tech in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to Apache Tech and becomes Apache Tech’s property.
EXCLUSIONS AND LIMITATIONS. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, APACHE TECH SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF APACHE TECH CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY APACHE TECH IN ITS SOLE DISCRETION. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. No Apache Tech 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. Apache Tech does not warrant that the operation of the product will be uninterrupted or error-free. Apache Tech is not responsible for damage arising from failure to follow instructions relating to the product’s use.
This warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic; (c) to damage caused by use with non-Apache Tech products; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by Apache Tech; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apache Tech or an Apache Tech Authorized Service Provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of Apache Tech; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the product; (i) if any Apache Tech serial number has been removed or defaced or (j) if the seal has been broken or tampered with.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, APACHE TECH 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. 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. 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.
OBTAINING WARRANTY SERVICE
Apache Tech will provide warranty service either (i) at an Apache Tech Authorized Service Provider location, where service is performed at the location, or the Apache Tech Factory or (ii)you may be required to send the product to the Apache Tech Factory or Authorized Service Provider. If you are required to do this, the consumer will be required to obtain a Return Authorization Number and is solely responsible for the costs associated with shipping the product. Apache Tech MAY send ( if you no longer have the original packaging material) to enable you to ship the product to Apache Tech’s repair service location for service, or (iii) by sending you customer installable new or refurbished replacement product or parts to enable you to service or exchange your own product. Upon receipt of the replacement product or part, the original product or part becomes the property of Apache Tech and you agree to follow instructions, including, if required, arranging the return of original product or part to Apache Tech in a timely manner. When providing “do it yourself” service requiring the return of the original product or part, Apache tech may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, Apache Tech will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replaced product or part as instructed or the replaced product or part is not eligible for warranty service, Apache Tech will charge the credit card for the authorized amount.
Please contact Apache Tech before requesting warranty service and if your product requires service and, if it does, Apache Tech will inform you how Apache Tech will provide it. You must assist in diagnosing issues with your product and follow Apache Tech’s warranty processes.
Service options, parts availability and response times may vary according to the country in which service is requested. Service options are subject to change at any time. You may be responsible for shipping and handling. 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, V.A.T. and other associated taxes and charges. For international service, Apache Tech may repair or exchange defective products and parts with comparable products and parts that comply with local standards. In accordance with applicable law, Apache Tech may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Online information with more details on obtaining warranty service is provided at http://www.apachetechinc.com
PRIVACY. Apache Tech will not sell or use customer information without consent from the user.