FIRIA LABS PRODUCTS LIMITED WARRANTY
Limited Product Warranty
Firia Labs warrants that the product(s) covered hereunder (the "Product(s)") shall be free from defects in material and workmanship for a period of one (1) year from the date of shipment by Firia Labs under normal use and operation. Firia Labs' sole and exclusive obligation and liability under the foregoing warranty shall be for Firia Labs, at its discretion, to replace any Product with a new or refurbished version of the Product that fails to conform to the above warranty during the above warranty period. Such obligation shall be the sole remedy under this warranty, Firia Labs' exclusive obligation, and the full extent of its liability. The expense of removal and reinstallation of any Product, including labor costs, is not included in this warranty. The warranty period of any replaced Product shall not extend beyond its original term. This warranty does not cover any software applications or programs, non-Firia Labs products or non-Firia Labs peripherals.
The above warranty does not apply if the Product:
has been modified and/or altered, or an addition made thereto, except by Firia Labs, or Firia Labs' authorized representatives, or as approved by Firia Labs in writing;
has been painted, rebranded or physically modified in any way;
has been damaged due to errors or defects in cabling;
has been damaged due to use with non-Firia Labs products;
has been damaged due to natural disaster, including but not limited to lightning, flood, tornado, earthquake, heavy rain or hurricane;
has been damaged due to power surges, improper power supply, electrical current fluctuations, corrosive environment installations, induced vibration, harmonic oscillations or resonance associated with movement of air currents around the Product(s);
has been subjected to misuse, abuse, improper handling, alterations, modifications or repairs by reseller, customer or third parties, negligence, abnormal physical, electromagnetic or electrical stress, including lightning strikes, or accident;
has been damaged or impaired as a result of using third party hardware, software or firmware;
has not been installed, operated or maintained in accordance with normal practice and in conformity with recommendations and published specifications of Firia Labs;
has not been properly installed and used at all times in accordance, and in all material respects, with the applicable Product Quick Start Guide and, if applicable, the applicable Product User Guide;
has not been received by Firia Labs within 90 days of issuance of the RMA.
Returns and Product Replacement
No Products will be accepted for replacement without obtaining an RMA number from Firia Labs during the warranty period. Any returned Products must be received at Firia Labs' facility freight prepaid in accordance with the RMA process of Firia Labs prior to replacement of any returned Products. Products returned without an RMA number and without a valid proof of purchase will not be processed and will be subject to disposal.
Customers may obtain an RMA number by emailing firstname.lastname@example.org with the required information: name, contact information, shipping information, date and proof of purchase of the Product (we may request a copy of the actual invoice as proof of purchase), problem description, and troubleshooting actions taken so far. If Firia Labs determines in its sole discretion that any of the aforementioned information is false or incorrect or does not correspond to the Products received, Products will not be replaced and will be subject to disposal or returned with a customer-provided shipping account number. By submitting an RMA Request, you confirm your acceptance of all terms in this product warranty.
A replacement Product may be returned to you as the Product was configured when originally purchased. You are responsible for all back-up, recovery and reinstallation of other software or data.
For customers outside of the United States, the following conditions must also be met or the RMA request will not be accepted or fulfilled:
You must use your own shipping account when sending the Product;
The commercial invoice must declare “return for repair” and “no commercial value”; and
You must pay for all applicable duties and customs charges for shipment of a Product to and from Firia Labs.
You are responsible for compliance with your country’s customs laws and regulations for shipment of a Product to and from Firia Labs.
EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED HEREIN, FIRIA LABS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY DATA, SERVICE, SOFTWARE AND HARDWARE PROVIDERS HEREBY DISCLAIM AND MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND USE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH SUCH PRODUCTS AND SERVICES. CUSTOMER ACKNOWLEDGES THAT NEITHER FIRIA LABS NOR ITS THIRD PARTY PROVIDERS CONTROL CUSTOMER’S EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS AND OTHER PROBLEMS INHERENT IN THE USE OF COMMUNICATIONS FACILITIES. FIRIA LABS , ITS AFFILIATES AND ITS AND THEIR THIRD PARTY PROVIDERS ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS, DELAYS, CANCELLATIONS, DELIVERY FAILURES, DATA LOSS, LOSS OF PROFITS, LOSS OF USE, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM ANY OF THE FOREGOING INCLUDING ACTS OF GOD. In addition, Firia Labs does not warrant that the operation of the Products will be error-free or that operation will be uninterrupted. In no event shall Firia Labs be responsible for damages or claims of any nature or description relating to system performance, including coverage, customer’s selection of products (including the Products) for customer’s application and/or failure of products (including the Products) to meet government or regulatory requirements. No Firia Labs employee, agent, or reseller can make any verbal or written modification, extension, or addition to this warranty.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL FIRIA LABS OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, LOSS OF USE, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limited warranty shall in all respects be governed by and interpreted under the laws of the State of Alabama (without regard to the conflicts of laws provisions thereof or the UN Convention on the International Sale of Goods). The parties agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Alabama, county and city of Madison.