Limited Warranty

Kiy.Tech One (1) Year Limited Warranty

For Kiy.Tech Branded Product Only

IMPORTANT: BY USING YOUR KIY.TECH PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE KIY.TECH ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.

DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN KIY.TECH’S RETURN POLICY (FOUND AT www.Kiy.Tech.com/legal/sales_policies/) TO THE KIY.TECH OWNED RETAIL STORE OR THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND.

HOW CONSUMER LAW RELATES TO THIS WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, KIY.TECH DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.

WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. KIY.TECH DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, KIY.TECH LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT KIY.TECH'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

WHAT IS COVERED BY THIS WARRANTY?

Kiy Tech LLC of 2001 42^nd Street, North Berge, NJ U.S.A. 07047 (“Kiy.Tech”) warrants Kiy.Tech-branded hardware product and the Kiy.Tech-branded accessories contained in the original packaging (“Kiy.Tech Product”) against defects in materials and workmanship when used normally in accordance with Kiy.Tech's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Kiy.Tech’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any non-Kiy.Tech branded hardware products or any software, even if packaged or sold with Kiy.Tech hardware. Manufacturers, suppliers, or publishers, other than Kiy.Tech, may provide their own warranties to you – please contact them for further information. Software distributed by Kiy.Tech with or without the Kiy.Tech brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Kiy.Tech does not warrant that the operation of the Kiy.Tech Product will be uninterrupted or error-free. Kiy.Tech is not responsible for damage arising from failure to follow instructions relating to the Kiy.Tech Product’s use.

This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Kiy.Tech Product’s specifications (Kiy.Tech Product specifications are available at www.Kiy.tech under the technical specifications for each product and also available in stores); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Kiy.Tech Product outside Kiy.Tech’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Kiy.Tech or an Kiy.Tech Authorized Service Provider (“AASP”); (g) to an Kiy.Tech Product that has been modified to alter functionality or capability without the written permission of Kiy.Tech; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Kiy.Tech Product; (i) if any serial number has been removed or defaced from the Kiy.Tech Product; or (j) if Kiy.Tech receives information from relevant public authorities or registries that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Kiy.Tech Product, and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase). To the extent permitted by local law, Kiy.Tech may provide hardware identifier information from the Kiy.Tech Product to such authorities or registries for security and fraud prevention purposes.

 

YOUR RESPONSIBILITIES

YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE KIY.TECH PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.

Before receiving warranty service, Kiy.Tech or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Kiy.Tech's procedures for obtaining warranty service. Before submitting your Kiy.Tech Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.

DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. KIY.TECH AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE KIY.TECH PRODUCT SERVICED.

Following warranty service your Kiy.Tech Product or a replacement device will be returned to you as your Kiy.Tech Product was configured when originally purchased, subject to applicable updates. Kiy.Tech may install system software updates as part of warranty service that will prevent the Kiy.Tech Product from reverting to an earlier version of the system software. Third party applications installed on the Kiy.Tech Product may not be compatible or work with the Kiy.Tech Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.

Important: Do not open the Kiy.Tech Product. Opening the Kiy.Tech Product may cause damage that is not covered by this Warranty. Only Kiy.Tech or an AASP should perform service on this Kiy.Tech Product.

WHAT WILL KIY.TECH DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a claim to Kiy.Tech or an AASP in accordance with this warranty, Kiy.Tech will, at its option:

(i) repair the Kiy.Tech Product using new or previously used Kiy.Tech genuine parts that have been tested and passed Kiy.Tech functional requirements,

(ii) replace the Kiy.Tech Product with a replacement product of the same model (or with your consent a product that has the same or substantially similar features as the original product – e.g., a different model with the same features, or the same model in a different color) that is new or comprised of new and/or previously used Kiy.Tech genuine parts and has been tested and passed Kiy.Tech functional requirements, or

(iii) exchange the Kiy.Tech Product for a refund of your purchase price.

Kiy.Tech may request that you replace certain user-installable parts or Kiy.Tech Products. A replacement part or Kiy.Tech Product, including a user-installable part that has been installed in accordance with instructions provided by Kiy.Tech, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an Kiy.Tech Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Kiy.Tech's property.

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the online help resources described below before seeking warranty service. If the Kiy.Tech Product is still not functioning properly after making use of these resources, please contact an Kiy.Tech representative or, if applicable, an Kiy.Tech owned retail store ("Kiy.Tech Retail") or AASP, using the information provided below. An Kiy.Tech representative or AASP will help determine whether your Kiy.Tech Product requires service and, if it does, will inform you how Kiy.Tech will provide it. When contacting Kiy.Tech via telephone, other charges may apply depending on your location.

Online information with details on obtaining warranty service is provided below.

WARRANTY SERVICE OPTIONS

Kiy.Tech will provide warranty service through one or more of the following options:

(i) Carry-in service. You may return your Kiy.Tech Product to an Kiy.Tech Retail or AASP location offering carry-in service. Service will be performed at the location, or Kiy.Tech Retail or an AASP may send your Kiy.Tech Product to an Kiy.Tech Repair Service (“ARS”) location to be serviced. Once you are notified that service is complete, you will retrieve the Kiy.Tech Product from the Kiy.Tech Retail or AASP location without delay unless Kiy.Tech notifies you that the Kiy.Tech Product will be sent directly to your location from the ARS location.

(ii) Mail-in service. If Kiy.Tech determines that your Kiy.Tech Product is eligible for mail-in service, Kiy.Tech will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Kiy.Tech product, so that you may ship your Kiy.Tech Product to an ARS or AASP location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the ARS or AASP location will return the Kiy.Tech Product to you. Kiy.Tech will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Kiy.Tech Product are followed.

(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Kiy.Tech Product. If DIY parts service is available in the circumstances, the following process will apply.

(a) Service where Kiy.Tech requires return of the replaced Kiy.Tech Product or part. Kiy.Tech may require a credit card authorization as security for the retail price of the replacement Kiy.Tech Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Kiy.Tech will offer alternative arrangements for service. Kiy.Tech will ship a replacement Kiy.Tech Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Kiy.Tech Product or part. If you follow the instructions, Kiy.Tech will cancel the credit card authorization, so you will not be charged for the Kiy.Tech Product or part and shipping to and from your location. If you fail to return the replaced Kiy.Tech Product or part as instructed or return a replaced Kiy.Tech Product or part that is ineligible for service, Kiy.Tech will charge your credit card for the authorized amount.

(b) Service where Kiy.Tech does not require return of the replaced Kiy.Tech Product or part. Kiy.Tech will ship you free of charge a replacement Kiy.Tech Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Kiy.Tech Product or part.

(c) Kiy.Tech is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Kiy.Tech at the telephone number listed below.

Kiy.Tech reserves the right to change the method by which Kiy.Tech may provide warranty service to you, and your Kiy.Tech Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. Kiy.Tech may use Kiy.Tech Products or replacement parts for service that are sourced from a country that is different from the country from which the Kiy.Tech Product or original parts were sourced. You may be responsible for shipping and handling charges if the Kiy.Tech Product cannot be serviced in the country it is in. If you seek service in a country that is not the original 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. Where international service is available, Kiy.Tech may repair or replace Kiy.Tech Products and parts with comparable Kiy.Tech Product and parts that comply with local standards.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIY.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, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE KIY.TECH PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE KIY.TECH PRODUCT.

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. KIY.TECH DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY KIY.TECH PRODUCT UNDER THIS WARRANTY OR REPLACE THE KIY.TECH PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE KIY.TECH PRODUCT.

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.

GENERAL

No Kiy.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. This Warranty is governed by and construed under the laws of the country in which the Kiy.Tech Product purchase took place. Kiy.Tech or its successor in title is the warrantor under this Warranty.