Accidental Damage Warranty

DURABOOK Accidental Damage Warranty

This Warranty applies to DURABOOK Products which are purchased with Accidental Damage Warranty coverage and is to be used within the United States of America only, and it is limited to the terms set forth below:

A. WARRANTY COVERAGE:

DURABOOK warrants that all DURABOOK notebooks and tablets (Products) with Accidental Damage Warranty coverage will be free from defects in material and/or workmanship, which occur during normal use, and damage that occurs due to accidental acts and exposure to environment conditions, and the Products shall perform substantially in accordance with advertised specifications for the Warranty Period(s) identified below. DURABOOK will repair the Products during the Warranty Period, with new or like-new parts, free of charge to the original purchaser. A purchase receipt or other proof of original purchase may be required before warranty performance is rendered. Products purchased from or through a manufacturer, distributor or other third-party provider will carry the original manufacturer’s pass through warranty.

Service performed outside the scope of this warranty and approved by the customer will be charged at the then current time and materials rates plus shipping costs. Products returned for warranty service where the problem cannot be duplicated and no hardware failure is detected is subject to a service charge plus shipping costs.

C. DAMAGE EXCLUSIONS:

This Warranty does not apply:

1. to software distributed by DURABOOK with or without the DURABOOK brand (including, but not limited to system software);
2. 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;
3. to damage caused by use with a third party component or product;
4. to damage caused by lost, stolen, fire, earthquake or other acts of God;
5. to damage caused by service (including, upgrades and expansions), repair and modification performed by anyone who is not a representative of DURABOOK or an Authorized Service Provider;
6. to the Product that has been disassembled or opened from its original assembly;
7. to defects caused by normal wear and tear or otherwise due to the normal aging of the Product, including but not limited to, carry case, shoulder or hand strap, screen protection films.
8. to any costs or damages incurred in shipping the product to DURABOOK or an Authorized Service Center;
9. to components of the system that fail to meet DURABOOK’S definition of defective, including but not limited to, LCD panels with less than five (5) defective pixels; Batteries that have more than 50% capacity;
10. has the serial number sticker or service tag on the system missing, defaced, or modified in any manner;
11. to the Products for which DURABOOK has not received payment;
12. if DURABOOK receives information from relevant public authorities 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 Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).

D. DURABOOK DISCLAIMER:

TO THE EXTENT PERMITTED BY LAW,  THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

TO THE EXTENT PERMITTED BY LAW, DURABOOK SHALL NOT BE LIABLE, WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR ON ANY OTHER BASIS, FOR INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, SERVICES, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION IN THE OPERATION OF THE EQUIPMENT, SERVICES, HARDWARE OR SOFTWARE, EVEN IF DURABOOK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS PRODUCT IS NOT INTENDED FOR USE AS OR PART OF NUCLEAR EQUIPMENT/SYSTEMS, AIR TRAFFIC CONTROL EQUIPMENT/SYSTEMS, OR AIRCRAFT COCKPIT EQUIPMENT/SYSTEMS, OR ANY OTHER SYSTEMS THAT REQUIRE FAIL-SAFE PERFORMANCE. DURABOOK WILL NOT BE RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THE USE OF THIS PRODUCT ARISING OUT OF THE FOREGOING USES.

–         AIRCRAFT COCKPIT EQUIPMENT/SYSTEMS include class 2 Electronic Flight Bag (EFB) Systems and Class 1 EFB Systems when used during critical phases of flight (e.g., during take-off and landing) and/or mounted onto the aircraft. Class 1 EFB Systems and 2 EFB Systems are defined by FAA: AC (Advisory Circular) 120-76A or JAA: JAA TGL (Temporary Guidance Leaflets) No. 36.

Before you ship the Product(s) to DURABOOK, make sure to back up the data on the hard drive(s) and any other storage device(s) in the Product(s). Remove any confidential, proprietary or personal information, removable media, such as floppy disks, CDs, or PC Cards. DURABOOK is not responsible for any of your confidential, proprietary or personal information; lost or corrupted data; or damaged or lost removable media.

DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE PRODUCT’S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT DURABOOK ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE PRODUCT SERVICED.

This warranty and performance hereunder shall be governed by and construed in accordance with the laws of the State of California without reference to its choice of law principles.

E. DURABOOK LIMITED WARRANTY:

DURABOOK’s entire liability and the customer’s exclusive remedy for any Products that fails to comply with this warranty shall be, at DURABOOK’s option and expense: (i) to repair the nonconforming Products, or (ii) to provide an equivalent replacement. Customer is responsible for returning the non-conforming Products, properly packaged, to the DURABOOK designated Service Center during the Warranty Period. DURABOOK is responsible for shipping costs of Products serviced under warranty. Customer agrees to furnish DURABOOK reasonable access to Products.

A ninety (90) day warranty on workmanship and serviced Products. Products that exhibits reoccurring or persistent failures will be repaired or replaced at DURABOOK’s sole discretion.

The Warranty Period is not extended as a result of service or upgrading the Products. To receive warranty service, the customer must promptly notify DURABOOK of the warranty claim prior to expiration of the Warranty Period.