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LIMITED WARRANTY

LIMITED WARRANTY 

 

GENERAL CONDITIONS.

Genuine WAVE SYSTEMS Inc. products (“WAVE Products”) are covered by this limited warranty (the “Warranty”). The terms of this Warranty apply to WAVE Products purchased on or after August 2020. To claim any rights under this Warranty, the original invoice received at the time of purchase of the WAVE Product must be presented to WAVE Systems Inc. This Warranty covers all defects (relevant to the specification of the WAVE Product in question) that may arise in the WAVE Product within the warranty period. The warranty period commences upon the date of purchase by the first consumer purchaser and continues for the following 12 months after that date (the “Warranty Period”). If the Extended Warranty is selected, the warranty period commences upon the date of purchase by the first consumer purchaser and continues for the following 12 months after that date (the “Extended Warranty Period”). If a defect covered by the Warranty arises within the Warranty Period and your WAVE Product is applicable for online return, please make your claim at https://www.wavedds.com/w20-intro. If the online return tool is not available in your country or if the WAVE Product is not applicable for the tool, please contact the legal entity stated on the original invoice for the WAVE Product. 

 

COVERAGE.

WAVE Systems Inc. warrants that the WAVE Product is free from defects in material and workmanship under normal use and service for the Warranty Period. WAVE Products are products of superior design and craftsmanship and should be treated with care. Procedures and suggestions on proper use and maintenance of WAVE Products and its internal components should always be followed. Thus, this Warranty is conditioned upon proper use of the WAVE Product within the Warranty Period. 

 

The Warranty does not cover: – Defects which have been caused by wrongful use, incorrect and/ or unauthorized installation, incorrect repairs/modifications, or maladjustment of the WAVE Product, or neglect, including but not limited to WAVE wrongful use; – Defects resulting from usage of the WAVE Product in conjunction with accessories that are not approved by WAVE Systems Inc; – Defects which have been caused by lightning, fire, water, voltage fluctuations, improper ventilation or other events of force majeure beyond the control of WAVE Systems Inc; – Consequential damage, indirect or direct loss or any related expenses claimed under the Warranty, such as but not limited to loss from inability to operate the WAVE Product or costs connected with rent of substitution products; – Software and content provided by third parties or problems occurring due to modifications made by the software provider; – Field assistance for problems that can be solved with online software updates. It is the customer’s responsibility to provide network connection for these updates; – Problems occurring with network/wireless connection caused by external effects present locally only and not impacting functionality in other locations not experiencing such external effects. To obtain information about the functionality in specific use cases, please contact WAVE Systems Inc; – Defects in consumables (i.e. components that are expected to require regular replacement such as but not limited to batteries) as well as defects caused by overcharging; – Unreasonable costs or expenses related to modifications or demolitions of the space in which the WAVE Product is placed during the process of repair; and/or – Costs for cleaning due to external influences. 

 

Defects claimed under the Warranty are rectified at WAVE Systems Inc’s discretion within the rules of the marketing and consumer law. Rectification is ensured by way of (i) repairing the defective WAVE Product, (ii) inserting remanufactured parts into the WAVE Product, and/or (iii) replacing the WAVE Product with a new product equivalent in performance and reliability to the WAVE Product. Replacement of limited or special edition WAVE Products depends on the availability of the WAVE Products in question. Where the WAVE Product cannot be repaired (damage is considered as total loss) and where exchange is not feasible, compensation is offered on a pro-rata basis of the purchase price. All exchange modules become property of WAVE. 

 

EXCLUSIONS & LIMITATIONS.

WAVE Systems Inc. is not liable for the damage or loss of any programs, data and/or media content during the repair process. WAVE Systems Inc strongly recommends customers to ensure that, if possible, all data is backed up prior to requesting repair services from WAVE Systems Inc. The Warranty will not operate if non-authorized modifications in the software have been made. In countries with governmental requirements on specifically developed versions of WAVE Systems Inc. products, e.g. due to varying transmission systems and approval demands, and the defect or malfunction is caused by the usage of other versions than required in the specific country, this Warranty does not apply. To obtain information about usage of the WAVE Product in several countries, please contact the legal entity stated on the original invoice for the WAVE Product. 

 

All implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this Warranty. In no event shall WAVE Systems Inc. be liable for damages in excess of the purchase price of the WAVE Product or for, without limitation, commercial loss of any sort; loss of use, time, data, reputation, opportunity, goodwill, profits or savings; inconvenience; incidental, special, consequential or punitive damages; or damages arising from the use or inability to use the WAVE Product. WAVE Systems Inc. makes no warranties or representations, express or implied, statutory or otherwise, as to the quality, capabilities, operations, performance or suitability of any third-party software or equipment used in conjunction with the WAVE Product, or the ability to integrate any such software or equipment with the WAVE Product, whether such third-party software or equipment is included with the WAVE Product distributed by WAVE Systems Inc. or otherwise. Responsibility for the quality, capabilities, operations, performance and suitability of any such third-party software or equipment rests solely with the user and the direct vendor, owner or supplier of such third-party software or equipment. Nothing contained in the user manual or any other document shall be construed to create an express warranty of any kind with respect to the WAVE Product. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of WAVE Systems Inc. regarding the WAVE Products or this Warranty. 

 

SEVERABILITY.

If any portion of this Warranty is held to be illegal or unenforceable, such partial illegality or un-enforceability shall not affect the enforceability of the remainder of the Warranty. 

 

CONSUMER’S LEGAL RIGHTS.

This Warranty is provided in addition to the rights and remedies granted by the seller of the WAVE Product or granted under applicable legislation. Any and all remedies (e.g. rectification, claim for damages, and/or right to terminate the contract) granted by the seller of the WAVE Product or available by law remain unaffected by this Warranty. For the Australian market only: WAVE Products are subject to the guarantees provided under the Australian Consumer Law. You are entitled to a replacement or refund for a ‘major problem’ and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the WAVE Product repaired or replaced if the WAVE Product fails to be of acceptable quality and the problem does not amount to a ‘major problem’. For the US market only: Some states do not allow the exclusion or limitation of incidental or consequential damages. Thus, the above limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.