ProtoArc’s One-Year Limited Warranty Policy applies to all devices and accessories that are manufactured by ProtoArc (each, a “Product”), whether such Products purchased from ProtoArc or from one of our authorized retailers or resellers.
ProtoArc is based in the U.S., but is excited to welcome (with a special “cheers,” “bonjour,” and “guten tag”) residents of jurisdictions where we make Products available for commercial sale (our “International Friends”). Your particular country or jurisdiction may have enacted certain laws, statutes, or other legislation that apply to your order and which cannot be derogated from by contract. We want to be crystal clear — nothing in these policies affects your legal rights under the laws applicable in your country or jurisdiction. We’ve noted below where our International Friends may be entitled to different or additional terms based on applicable laws (referred to as the “special terms” throughout these policies and in our other agreements for our platform).
One-Year Limited Warranty Policy
ProtoArc offers a one (1) year limited warranty (“Warranty”) on all Products. This Warranty is valid and enforceable only if you purchased a new Product from us or from one of our authorized retailers or resellers in a jurisdiction in which we sell Products and the Product was originally sold to you in its original, sealed packaging. Do not use a Product until you have read the terms of this Warranty.
Coverage. This Warranty is your exclusive remedy for defective workmanship or materials in your Product. ProtoArc warrants that the hardware will be free from manufacturing defects and, under its intended and ordinary consumer use, will function substantially in accordance with ProtoArc’s technical specifications or documentation (“Warranted Functionality”) for a period of one (1) year from the date your Product was delivered to you or picked up by you (the “Warranty Period”).
How To Start a Warranty Claim.
To get a Warranty claim started:
- Contact Customer Care. Visit contact us page. There, you’ll be able to fill out a warranty form and begin a Warranty claim. Please have your order number, the Product serial number, and your proof of purchase handy.
- Backup and Reset your Product. Before you ship your Product back to us for a Warranty claim, please remove any peripheral items that may be plugged into your Product.
- Prepare your Product for Shipment. Pack your Product in the shipping materials (e.g., a shipping box or shipping label) we provide you to deliver your Product back to us. Once we receive your Product, we’ll determine if it has a defect or malfunction covered by our Warranty.
Warranty Service. If you start a warranty claim and we confirm that your Product does not perform according to its Warranted Functionality, we’ll replace, repair or refund it (in our discretion). If we replace or repair it, we’ll make sure it performs substantially in accordance to our Warranted Functionality. We may replace or repair it using new, refurbished, or remanufactured hardware and materials (in our discretion). If we replace or repair your Product, we warrant that the replacement or repaired Product will be materially free of faulty materials or workmanship for the remainder of your original Warranty Period or for 30 days after the replacement or repaired Product is delivered to you, whichever is later.
Transfer. This Warranty is solely for you as the end-user of your Product. You cannot assign or transfer this Warranty to anyone, including a subsequent purchaser, friend, or family member.
Items Outside of this Warranty. Except as expressly set forth herein, this Warranty does not cover (and ProtoArc is not responsible for):
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Excluded Products, which include (a) resold Products, (b) Products purchased outside the jurisdictions where ProtoArc sells Products, (c) Products not purchased directly from us or one of our authorized retailers or resellers, (d) hardware or accessories not manufactured by ProtoArc, even if bundled or sold with ProtoArc hardware.
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Misuse of Products, which includes (a) damage to the Product or loss of the Product resulting from an accident, theft, improper storage, misuse or abuse, mishandling, neglect, physical or electric modifications, exposure to water or other liquids, exposure to moisture, exposure to extreme conditions (e.g., heat, dirt or sand), (b) use with an unsuitable product not sold or licensed by ProtoArc, (c) use with inadequate ventilation, (d) use by children under 14, (e) circumvention of our security mechanisms, (f) reverse engineering, (g) defects or damage from viruses or other software problems introduced into the Product, (h) defects or damage caused by unauthorized repairs, and (i) any other use that is not in compliance with the recommendations in this document, our online materials, related documentation, and other user materials made available to you. We presume any cosmetic damage (e.g., scratches) resulted from misuse, abuse, or failure to operate the Product as instructed.
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Wear and Tear of Products, which includes damage resulting from normal wear and tear and normal depletion of parts (e.g., batteries) unless occurring due to defective workmanship or materials in the hardware of your Product. For example, only batteries that leak or exhibit fully charged capacity below a certain threshold of the actual rated capacity will be considered defective for purposes of this Warranty.
Voided Warranty. This Warranty will be void and your Product will be ineligible for authorized repair (even for a fee) if you (a) circumvent any of our security mechanisms, (b) resell your Product, (c) remove the serial number or any legal notices from the Product, or (d) use the Product in violation of any laws or your agreements with us.
Disclaimer and Limited Liability. Nothing in this section will limit or exclude liability that cannot be limited or excluded under applicable law. For our International Friends, that means this section may not apply to you.
YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY PROTOARC PROVIDES FOR THE PRODUCTS, AND THE ABOVE REMEDY IS YOUR SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROTOARC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTOARC IS NOT LIABLE TO YOU: (a) UNDER ANY THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), OR LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA), OR (b) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCTS OR THIS WARRANTY, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE PRODUCTS, WHETHER OR NOT PROTOARC HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTOARC’S TOTAL LIABILITY IN CONNECTION WITH THE PRODUCTS OR THIS WARRANTY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID PROTOARC, OUR AFFILIATES OR OUR AUTHORIZED RETAILERS FOR THE PRODUCTS.
If your jurisdiction gives you any implied warranty, then to the maximum extent permitted by applicable law, the duration of such implied warranty is limited to the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Any customer support we elect to provide is provided “as-is” and without warranty of any kind.
No Modification. No employees or representatives of ProtoArc (or its affiliates or any third party) are authorized to modify this Warranty. If any term of this Warranty is held to be unenforceable, the remaining terms of this Warranty will remain in full force and effect.
No Insurance. This Warranty is not insurance and does not cover any perils (e.g., fire, theft or loss). At this time, we do not offer insurance. If you purchase a separate insurance policy for your Product from a third-party insurer, please coordinate reimbursement directly with the third party providing you insurance.