Limited Warranty
SmartDisk Corporation warrants its products to be free of defects in material and workmanship under normal use and service for a period of 1 year from the date of purchase or 18 months from the date of manufacture, whichever occurs first. SmartDisk's sole obligation with respect to claims of non-confor- mance made within the one (1) year warranty period described above shall be, at its option, to repair or replace any item of Equipment which SmartDisk, in its sole discretion, determines to be defective. The Customer shall obtain a Return Merchandise Authorization (RMA) number from SmartDisk prior to returning any Equipment to SmartDisk under this warranty by contacting Technical Support at (978) 635-8282 or email at support@vsttech.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 proof of purchase and a letter explaining the problem. SmartDisk Corporation, Inc. 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 with- in such one (1) year 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 installa- tion/ de-installation by Customer or other third party; (iv.) the Products not being altered or modified in an unauthorized manner, unless approved in writ- ing or otherwise performed by SmartDisk and (v.) Customer promptly installing all Product revisions which 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 which 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 combina- tion 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 pro- vided and expenses incurred by SmartDisk in connection with such determina- tion, at SmartDisk's then current rates.
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 DIS- CLAIMED BY SMARTDISK AND WAIVED BY THE CUSTOMER.