Spinel USA guarantees to you, the original purchaser, the Personal Communicator and accessories which you have purchased from an authorized Spinel USA dealer (the "Products"), to be in conformance with the applicable Spinel USA specifications current at the time of manufacture for a different period of time from date of purchase of the Product(s) (warranty term).
The warranty period starts at the time of the Product(s) original purchase by the first end-user. The Product may consist of several different parts and different parts may be covered by a different warranty period (hereinafter "Warranty Period"). The different Warranty Periods are:
Twelve (12) months for the Personal Communicator and for accessories (whether included in the Product sales package or sold separately) other than the consumable parts and accessories listed in (b) and (c) below; Six (6) months for the following consumable parts and accessories: batteries, and Ninety (90) days for the media on which any software is provided e.g. CD-ROM, memory card.
You must inform Spinel USA of the lack of conformity to the applicable specifications of any of the Products within a period of one (1) month from the date on which you detect a defect in material, workmanship or lack of conformity and in any event within a term not to exceed the Warranty Term, and must immediately submit the Product for service to Spinel USA. Spinel USA shall not be bound by Product related statements not directly made by Spinel USA nor any warranty obligations applicable to the seller. During the Warranty term, Spinel USA will, at its discretion and without extra charge, as your exclusive remedy, repair or replace your Product which does not comply with this warranty; or failing this, to reimburse the price of the Product but reduced to take into account the use you have had of the Product since it was delivered. This warranty will expire at the end of the Warranty Term. This is the complete and exclusive warranty for a Spinel USA and accessories and in lieu of all other warranties, terms and conditions, whether express or implied. Where you purchase the product other than as a consumer, Spinel USA disclaims all other warranties, terms and conditions express or implied, such as fitness for purpose and satisfactory quality. In no event shall Spinel USA be liable for damages nor loss of data in excess of the purchase price nor for any incidental special or consequential damages including without limitation loss of use, loss of time, loss of data, inconvenience, commercial loss, lost profits or savings arising out of the use or inability to use the Product, to the full extent such may be disclaimed by law. This Warranty does not affect any statutory rights that you may have if you are a consumer, such as a warranty of satisfactory quality and fit for the purpose for which products of the same type are normally used under normal use and service, nor any rights against the seller of the Products arising from your purchase and sales contract.
HOW TO GET WARRANTY SERVICE?
Spinel USA will honor a warranty claim and/or provide warranty service. For further information on how to get warranty service, please contact the customer service department at firstname.lastname@example.org to begin your warranty claim. Repairs beyond the period of the warranty may be purchased for a reasonable and fair price, while the owner of the product is responsible for all shipping costs to and from Spinel USA.
In order to claim the warranty service, you must return the defective products to Spinel USA in the original configuration and packaging as supplied by Spinel USA. Please avoid leaving any supplementary items like SIM cards. The Product should also be accompanied by a label with your name, address, and telephone number; and a description of the problem. In order to be eligible to receive warranty service, you must present proof of purchase or a comparable substitute proof of purchase bearing the date of purchase. Such information is contained with the Product. You must ensure that any and all repairs or servicing is handled at all times by Spinel USA in accordance with the Spinel USA Service requirements. In some cases, you may be requested to provide additional information concerning the maintenance of the Products by Spinel USA, therefore it is important to keep a record of any previous repairs, and make them available if questions arise concerning maintenance.
This warranty will not apply if the type or serial numbers on the Product have been altered, deleted, duplicated, removed, or made illegible. Spinel USA reserves the right to refuse free-of-charge warranty service if the requested documentation can not be presented or if the information is incomplete, illegible or incompatible with the factory records. Repair, at Spinel USA’s option, may include reflashing of software, the replacement of parts or boards with functionally equivalent, reconditioned or new parts or boards. Replaced parts, accessories, batteries, or boards are warranted for the balance of the original warranty time period. The Warranty Term will not be extended. All original accessories, batteries, parts, and other equipment that have been replaced shall become the property of Spinel USA. Spinel USA does not warrant the installation, maintenance or service of the products, accessories, batteries or parts. Spinel USA will not be responsible in any way for problems or damage caused by any ancillary equipment not furnished by Spinel USA which is attached to or used in connection with the Products, or for operation of Spinel USA equipment with any ancillary equipment and all such equipment is expressly excluded from this warranty. When the Product is used in conjunction with ancillary or peripheral equipment not supplied by Spinel USA, Spinel USA does not warrant the operation of the Product/peripheral combination and Spinel USA will not honor any warranty claim where the Product is used in such a combination and it is determined by Spinel USA that there is no fault with the Product. Spinel USA specifically disclaims any responsibility for any damage, whether or not to Spinel USA equipment, caused in any way by the use of the accessories, software applications and peripherals (specific examples include, but are not limited to: batteries, chargers, adapters, and power supplies) when such accessories, software applications and peripherals are not manufactured and supplied by Spinel USA.
WHAT IS NOT COVERED BY THE WARRANTY
This warranty is not valid if the defects are due to damage, misuse, tampering, neglect or lack of care and in case of alterations or repair carried out by unauthorized persons.
The following are examples of defects or damage not covered by this product warranty:
Defects or damage resulting from use of the Product in other than its normal and customary manner.
Defects or damage from misuse, access to incompatible sources, accident or neglect.
Defects or damage from improper testing, operation, maintenance, installation, adjustment, unauthorized software applications or any alteration or modification of any kind.
Breakage or damage to board or lens; unless caused directly by defects in material or workmanship.
Products disassembled or repaired other than by Spinel USA in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify any warranty claim.
Defects or damage due to moisture, liquid, extreme humidity, heavy perspiration or other moisture, sand, food, dirt or similar substances, caused from incorrectly securing the Product’s protective elements and/or subjecting the Products to conditions exceeding any stated specification or limit.
Burnt units dues to wrong wiring of the power.
All plastic surfaces and all other externally exposed parts that are scratched or damaged due to customer normal use.
Products rented on a temporary basis.
Periodic maintenance and repair or replacement of parts due to normal wear and tear.
The operating-time, stand-by time and total life cycle of a Spinel USA products depend on usage conditions and usage time. The warranty for Spinel USA products becomes void if used in ways other than suggested by Spinel USA or used to damage or cause harm to others or to break the law. Depending on operating conditions and your usage habits, wear and tear might take place of components. The rectification of faults generated through wear and tear and the use of consumable items like mounts and enclosures beyond their Optimum Performance Time is considered to be your responsibility and therefore Spinel USA will not provide the free Warranty repair service for these items.
Please make and retain a note of all data you have inserted into your Product for example names, addresses, phone numbers, user and access codes, notes, etc. before submitting your Product for a Warranty service as such data may be deleted or erased as part of the repair or service process. Spinel USA shall not be responsible for such matters. The repair or testing process should not affect any such material that was installed by Spinel USA on your Product as a standard feature.
OUT OF WARRANTY REPAIRS
If you request Spinel USA to repair your Product any time after the Warranty term or where this warranty does not apply due to the nature of the defect or fault, then Spinel USA may at its discretion carry out such repairs subject to you paying Spinel USA its fees for such a repair or it may refer you to an authorized third party to carry out such repairs.