This Hardware Warranty and Disclaimer (the “Warranty”) represents the sole warranty terms between Wozart Technologies Pvt Ltd. (“Wozart”, “we”, “Us”, “company”) and you (“buyer”) pertaining to your purchase of the enclosed aura Switch (hereinafter referred to as “Device”) with which this Warranty is included. Any applicable warranties or disclaimers related to any other Wozart service or offering, including those services related to the use of Hardware, are found in the Terms of Service related to that particular service or offering. You should only use the Hardware in accordance with the recommendations and specifications in the aura Switch User Guide and Technical Specifications (the “Specifications”) available at www.wozart.com/aura
COVERAGE OF WARRANTY
The Company warrants to the buyer that the Hardware will be free from defects in material and workmanship for one year (the “Limited Warranty”) from the date of original retail purchase. If any defect is found or arises in the device during the warranty period, wozart in its discretion shall Repair or Replace that particular device free of cost or refund the original purchase price of the device, only if the company is unable to Repair or Replace the Device. You may be required to furnish proof of purchase details when making a claim under this warranty. Any device that has either repaired or replaced under this Limited warranty will be covered by the terms of Limited warranty for a period of three months from the date of delivery or the remaining Warranty Period. The Limited warranty can be transferred from the Buyer to any subsequent owner, however; the warranty period shall not be extended in duration for any such transfer.
This warranty does not include normal depletion of consumable parts such as connectors unless failure has occurred due to defect in materials or workmanship and damage resulting from abuse, accident, modifications, unauthorized repairs or other causes that are not defects in materials and workmanship.
CLAIMING THE WARRANTY
To claim the warranty provided to you by this agreement, you must show the proof of purchase of the device to verify eligibility. To obtain the warranty service, contact support@wozart.com or the Distributor/Dealer from whom you purchased the device. The Customer/Dealer will have to comply with the return shipping instructions as by Wozart Technologies Private Limited. The Company will have no warranty obligations with respect to a returned device if it determines, in its reasonable discretion after examination of the returned product, that the device is an Ineligible Product. The company will bear all costs of return shipping of the device to the customer/dealer/buyer after it has been repaired or replaced and shall notify the customer/dealer about any additional shipping and handling charges which may be applicable.
EXCEPTIONS
Notwithstanding the foregoing, no warranty, expressed or implied, will extend to any Hardware (i) where identification labels on the Hardware have been removed or altered, (ii) where the purchase price was waived, (iii) that has been subjected to misuse, neglect, accident, improper storage or installation, or other use not in conformance with the Specifications, or (iv) that has been repaired, modified, or altered by anyone other than Wozart or people authorized by the company. In addition to the foregoing, no warranty, expressed or implied, will cover problems that result from (i) disasters including fire, water, or other acts of nature, (ii) electrical conditions such as those caused by lightning strikes, power fluctuations, electrical surges or outages, or any other such condition that may affect the electricity source; (iii) loss or damage in transit; (iv) failure caused by a product for which Wozart is not responsible; (v) normal wear and tear; (vi) a failure to follow the Specifications; or (vii) any other cause which does not relate to a Hardware defect. You hereby acknowledge and agree that you have not relied on any representations or warranties other than those expressly set forth herein. The Company does not warrant, represent or undertake that it will be able to repair or replace any Device under this warranty without risk to and/or loss of information and/or data stored on the Device.
Wozart expressly disclaims, and you accept all responsibility for, any damages or costs arising from your installation, use, and removal of the Hardware. Such potential damages include, but are not limited to, damage to the premises where the Hardware is installed, including damage to any finish, paint, or other surface; any damages caused by use of the Hardware outside; and any fees charged by any third parties due to your installation or removal of the Hardware on leased or rented premises.
LIMITATIONS
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE HARDWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOZART EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO WOZART HARDWARE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLIENT ENJOYMENT, ACCURACY, QUALITY, TITLE, OR INFRINGEMENT. WOZART DOES NOT WARRANT THAT THE HARDWARE IS ERROR-FREE OR THAT OPERATION OF SUCH HARDWARE WILL BE SECURE OR UNINTERRUPTED. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. THE PREVIOUS LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY.
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ALSO LIMITS THE DURATION OF ANY IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
IN NO EVENT SHALL WOZART, ITS AFFILIATES, SUBSIDIARIES, AUTHORIZED RESELLERS, AND THEIR SUPPLIERS BE LIABLE IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER THEORY OF LIABILITY, OR OTHERWISE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, DAMAGE OR DESTRUCTION OF DATA, OR OTHER BUSINESS LOSS, EVEN IF WOZART HAS BEEN ADVISED OF SAME.
IN NO EVENT WILL WOZART’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OR RELATED TO THE HARDWARE, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE DEVICE EXCEED THE AMOUNT PAID BY ORIGINAL PURCHASER FOR THE PRODUCT OR WOZART HARDWARE THAT IS THE SUBJECT OF THE CLAIM.
THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF REMEDIES SET FORTH HEREIN ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
GOVERNING LAW; GEOGRAPHICAL EXTENT
This Warranty is governed by the laws of the State of Telangana in India. This warranty agreement for the device shall be valid and applicable only in India.
SEVERABILITY
This Warranty constitutes the sole and exclusive agreement between the parties regarding the Hardware. In the event that any provision of this agreement is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of the remaining portion of this Warranty. Any ambiguities in the interpretation of this agreement shall not be construed against the drafting party.
REVISIONS
Wozart Technologies Private Limited reserves the right to change the terms of this Warranty at any time without notice. Any changes to this Warranty shall apply only to new products or Hardware purchased after such changes take effect and are made available to you.