Warranty Terms
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 3 years from the date of manufacture, whichever occurs first. Products purchased in European Union countries covered by Directive 1999/44/EC are warranted for a period of 2 years from the date of purchase. SmartDisk's sole obligation with respect to claims of non- conformance made within the warranty period described above shall be, at its option, to repair or replace any item of Equipment that 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 (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. SmartDisk Corporation 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
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
15
