Product Warranty

WARRANTY AND DISCLAIMER
 
ENGLISH (US)
 
IMPORTANT: BY USING YOUR IMPOI Web Site, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE IMPOI ONE (1) YEAR LIMITED WARRANTY ("WARRANTY") AS SET OUT BELOW.
 
DO NOT USE YOUR IMPOI WEB SITE 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, YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.
 
imPoi 2-Year Limited Warranty
 
For imPoi Branded Hardware Product Only
 
1. 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, imPoi 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.
 
2. 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. imPoi 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, imPoi limits the duration and remedies of such warranties to the duration of this express warranty and, at imPoi's option, the repair or replacement services. 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.
 
3. WHAT IS NOT CONVERTED BY THIS WARRANTY?
 
This warranty does not apply to any non-imPoi branded hardware products or any software, even if packaged or sold with imPoi hardware. Manufacturers, suppliers, or publishers, other than imPoi, may provide their own warranties to you - please contact them for further information. Software distributed by imPoi with or without the imPoi 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. imPoi does not warrant that the operation of the imPoi Product will be uninterrupted or error-free. imPoi is not responsible for damage arising from failure to follow instructions relating to the imPoi Product's use.
 
This warranty does not apply: (a) to consumable parts, such as 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; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the imPoi Product outside imPoi's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of imPoi or an imPoi authorized service provider; (g) to an imPoi Product that has been modified to alter functionality or capability without the written permission of imPoi; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the imPoi Product, or (i) if any serial number has been removed or defaced from the imPoi Product.
 
4. IMPORTANT RESTRICTION FOR PRODUCT SERVICE
 
imPoi may restrict warranty service for product to the country where imPoi or its authorized distributors originally sold the device.
 
5. YOUR RESPONSIBILITIES
 
Before receiving warranty service, imPoi or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow imPoi's procedures for obtaining warranty service.
 
Following warranty service your imPoi Product or a replacement device will be returned to you as your imPoi Product was configured when originally purchased, subject to applicable updates. imPoi may install system software updates as part of warranty service that will prevent the imPoi Product from reverting to an earlier version of the system software.
 
Important: Do not open the imPoi Product. Opening the imPoi Product may cause damage that is not covered by this Warranty. Only imPoi should perform service on this imPoi Product.
 
6. WHAT WILL IMPOI DO IN THE EVENT THE WARRANTY IS BREACHED?
 
If during the Warranty Period you submit a valid claim to imPoi, imPoi will, at its option, (i) repair the imPoi Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the imPoi Product with a device that is at least functionally equivalent to the imPoi Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the imPoi Product for a refund of your purchase price.
 
imPoi may request that you replace certain user-installable parts or imPoi Products. A replacement part or imPoi Product, including a user-installable part that has been installed in accordance with instructions provided by imPoi, 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 imPoi Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes imPoi's property.
 
7. HOW TO OBTAIN WARRANTY SERVICE?
 
Please access and review the online help resources described below before seeking warranty service. If the imPoi Product is still not functioning properly after making use of these resources, please contact an imPoiY representative.
 
Online information with details on obtaining warranty service is provided below.
 
8. WARRANTY SERVICE OPTIONS
 
imPoi will provide warranty service through one or more of the following options:
 
(i) Carry-in service. You may return your imPoi Product to an imPoi Service Center ("ASC") offering carry-in service. Service will be performed at the location, or ASC may send your imPoi Product to an imPoi warehouse location to be replaced. Once you are notified that service is complete, you will promptly retrieve the imPoi Product from the ASC location, or the imPoi Product will be sent directly to your location from the warehouse location.
 
(ii) Mail-in service. If imPoi determines that your imPoi Product is eligible for mail-in service, imPoi will send you prepaid waybills and if applicable, packaging material, so that you may ship your imPoi Product to an ASC or warehouse location in accordance with imPoi's instructions. Once service is complete, the ASC or warehouse location will return the imPoi Product to you. imPoi will pay for shipping to and from your location if all instructions are followed.
 
9. LIMITATION OF LIABILITY
 
Except as provided in this warranty and to the maximum extent permitted by law, imPoi 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 imPoi Product or any failure to maintain the confidentiality of information stored on the imPoi 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. imPoi disclaims any representation that it will be able to repair any imPoi device under this warranty or replace the imPoi Product without risk to or loss of information stored in the imPoi 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.
 
10. GENERAL
 
No imPoi 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 imPoi Product purchase took place. imPoi or its successor in title is the warrantor under this Warranty.