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         · Warranty









ioSafe End User Limited Product Warranty

ioSafe Incorporated (the Company), values your business and always attempts to provide you the very best data protection and recovery services.

No limited warranty is provided by the Company unless you are the original customer of the product. The Company's warranty is not transferable. No limited warrant is provided unless your Company's product ("Product") was purchased from an authorized distributor or authorized reseller. Distributors may sell Products to resellers who then sell Products to end users. Please see below for warranty information or obtaining service. No warranty service is provided unless the Product is returned to the Company.

Warranty Policy
The Company warrants to the end user customer, subject to limitations list below, that the warranted hardware components, listed below, shall be free from defects in material or workmanship and will conform to the Company.s specification for the particular Product for the applicable warranty period. The Company further warrants that for the applicable warrant period shown below and starting from the date of purchase, the media on which any software included in the hardware components is furnished will be free from defects in materials and workmanship under normal use. Except for the foregoing, such software is provided .AS IS.. During the applicable warranty period the Company will repair or replace (at the Company.s option) any warranted hardware part which does not comply with this warranty with a new or functionally equivalent replacement part, provided the defective part is returned to the Company as described in the .Returned Materials Authorization (RMA). section detailed below.

Warranted ProductWarranty Period
S23 Years - Optional 5 Years
R43 Years - Optional 5 Years
3.5 Pilot and Squadron3 Years

Note:
The limited warranty extends only for the period of time set forth above. The period commences from the date of purchase of the original Product. To verify the warranty of your Product, please maintain the receipt of the original Purchase. In the United States, some states do not allow limitations on how long implied warranties last, so the above limitation may not apply to you.

THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE COMPANY.S LIMITED WARRANTY. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN THE UNITED STATES, SOME STATES DO NOT ALLOW THE EXCLUSION OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Return Material Authorization (RMA)
No Product may be returned directly to the Company without first contacting the Company for a Return Material Authorization ("RMA") number. If it is determined that the Product may be defective, you will be given an RMA number and instructions for Product return. An unauthorized return, i.e. one for which an RMA number has not been issued, will be returned to you at your expense. Authorized returns are to be shipped prepaid and insured to the address on the RMA in an approved shipping container. To request an RMA, please refer to the Company.s website at www.iosafe.com.

Extended Warranty
Customers can purchase an extended warranty on eligible Company products with less than a 5-year warranty. The maximum warranty period for these products, including any warranty extension, cannot be longer than 5 years from the date of purchase. Extended warranty is currently available for purchase online.

LIMITATION OF REMEDIES
YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT.

The Company may elect which remedy or combination of remedies to provide in its sole discretion. The Company shall have a reasonable time after determining that a defective Product exists to repair or replace a defective Product. The Company's replacement Product under its limited warranty will be manufactured from new and serviceable used parts. The Company's warranty applies to repaired or replaced Products for the balance of the applicable period of the original warranty or ninety days from the date of shipment of a repaired or replaced Product, whichever is longer.

LIMITATION OF DAMAGES
THE COMPANY'S ENTIRE LIABILITY FOR ANY DEFECTIVE PRODUCT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE FOR THE DEFECTIVE PRODUCT. THIS LIMITATION APPLIES EVEN IF THE COMPANY CANNOT OR DOES NOT REPAIR OR REPLACE ANY DEFECTIVE PRODUCT AND YOUR EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE COMPANY WILL NOT BE LIABLE WITH RESPECT TO THE PRODUCT FOR ANY GENERAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES. THESE INCLUDE LOSS OF RECORDED DATA, INTERRUPTION OF USE, THE COST OF RECOVERY OF LOST DATA, LOST PROFITS AND THE COST OF THE INSTALLATION OR REMOVAL OF ANY PRODUCTS, THE INSTALLATION OF REPLACEMENT PRODUCTS, AND ANY INSPECTION, TESTING, OR REDESIGN CAUSED BY ANY DEFECT OR BY THE REPAIR OR REPLACEMENT OF PRODUCTS ARISING FROM A DEFECT IN ANY PRODUCT. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON. UPON REGISTERING PRODUCT WITH THE COMPANY, YOU MAY RECEIVE ASSISTANCE FROM THE COMPANY RECOVERING FROM A QUALIFIED DISASTER. SEE THE IOSAFE DISASTER RECOVERY SERVICE TERMS AND CONDITIONS FOR DETAILS.

IN THE UNITED STATES, SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Your Use of the Product
The Company will have no liability for any Product returned if it determines that:

  • The product was stolen from the Company.
  • The asserted defect:
    1. is not present,
    2. cannot reasonably be fixed because of damage occurring when the Product is in the possession of someone other than the Company, or
    3. is attributable to misuse, improper installation, alteration (including removing or obliterating labels and opening or removing external covers (unless authorized to do so by the Company or an authorized Service Center)), accident or mishandling while in the possession of someone other than the Company.
  • The Product was not sold to you as new.

Additional Limitations on Warranty
The Company's limited warranty does not cover Products which have been received improperly packaged, altered, or physically damaged. Products will be inspected upon receipt.

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