Comprehensive Hardware Warranty

ARNOUSE DIGITAL DEVICES, CORP (“ADDC”) COMPREHENSIVE HARDWARE WARRANTY, INCLUDING TECH SUPPORT

  1. Notice to Commercial Customers: Purchase of products, software and services from ADDC are pursuant to ADDC’s Commercial Terms of Sale and incorporated by reference in its entirety herein unless there is a preexisting written contract between you and ADDC.

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  2. Comprehensive Hardware Warranty

    1. In addition to ADDC’s Limited Hardware Warranty on its products, ADDC offers customers Comprehensive Hardware Warranties on ADDC products purchased from ADDC or its distributors/resellers. If a customer elects, for an additional annual charge, ADDC will expressly warrant to the original purchaser of an ADDC system or BioDigitalPC® card (“Card”) for an agreed period of time from the date of original purchase that ADDC’s products will be free of defects in materials and workmanship.
    2. Any Comprehensive Hardware Warranty must be evidenced in a separate written document executed by ADDC specifying the effective date, the term of the Comprehensive Hardware Warranty and Comprehensive Hardware Warranty terms and conditions.

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  3. Available Comprehensive Warranties

    1. Three Year Comprehensive Warranty– ADDC Product System: a 3-year Comprehensive Warranty for ADDC Product systems (BioDigitalPC Cards and docking stations) is available at an additional reasonable price;
    2. Three Year Comprehensive Warranty – BioDigitalPC Cards: a 3-year Comprehensive Warranty for BioDigitalPC Cards only is available at an additional reasonable price. This includes instances when the Customer elects not to send the Covered Product to ADDC for repair in accordance with Section 6d below;
    3. Five Year Comprehensive Warranty– ADDC Product System: a 5-year Comprehensive Warranty for ADDC Product system (BioDigitalPC Cards and docking stations) is available at an additional reasonable price; and
    4. Five Year Comprehensive Warranty – BioDigitalPC Cards: a 5-year Comprehensive Warranty for BioDigitalPC Cards only is available at an additional reasonable price. This also includes instances when the Customer elects not to send the Covered Product to ADDC for repair in accordance with Section 6.d below.

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  4. What is covered by the ADDC Comprehensive Hardware Warranty?

    1. The Comprehensive Hardware Warranty covers defects in materials and workmanship only in ADDC-branded hardware products having identifiable serial numbers that have been covered by the Limited Hardware Warranty at the time of purchase (“Covered Products”), including ADDC-branded peripheral products. The Comprehensive Hardware Warranty will provide repair service of one specified Covered Product or the replacement of an original Covered Product (“Replacement Product”).
    2. ADDC will, at its option, repair or replace a Covered Product without charge, if the Covered Product fails to perform as warranted solely due to a manufacturing defect within the warranty period, subject to exclusions set forth below. During the applicable warranty period, ADDC reserves the right to replace a Covered Product with a new or refurbished product of equal or better value, features or functionality. If a Replacement Product is required, ADDC will replace the Covered Product as soon as a new Replacement Product is available.
    3. Any Replacement Product provided under this contract will be automatically considered the Covered Product referenced throughout this Warranty, and coverage for Replacement Product will continue for the remainder of the original Comprehensive Warranty term (subject to remaining time on the applicable warranty term). ADDC’s providing of Replacement Products DOES NOT extend the applicable warranty period past the original Covered Product warranty term.

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  5. What is not covered by an ADDC Comprehensive Hardware Warranty?

    1. Software, including without limitation the operating system, third-party software, or the reloading of software.
    2. Problems that result, directly or indirectly, from:
      1. External causes such as accident, abuse, misuse, acts of God or problems with electrical power;
      2. Servicing not authorized by ADDC;
      3. Failure to follow the product instructions;
      4. Problems caused by using accessories, parts, or components not supplied by ADDC;
      5. Products with missing or altered serial numbers;
      6. Products for which ADDC has not received payment; and
      7. Normal wear and tear.
    3. Failures resulting from the factors enumerated above are considered “Non-Attributable Failures”.
    4. Coverage under an ADDC Comprehensive Hardware Warranty is limited to the terms and conditions specifically described in this document as applicable to the Covered Product. Anything not specifically expressed herein, including consequential damages of any type, are NOT covered.

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  6. Warranty Process:

    1. The Covered Product purchaser must make a claim under this Comprehensive Hardware Warranty within the applicable coverage period.
    2. Upon request from ADDC, the ADDC product purchaser must provide proof of the ADDC Product purchase, the ADDC Comprehensive Hardware Warranty purchase, and have paid the applicable warranty period fee.
    3. ADDC must be initially contacted for technical support and diagnosis by phone (516-673-444) or at [email protected]. If a resolution is not achieved through remote support, ADDC may require your assistance in performing diagnostic procedures before a return for repair is authorized or a replacement product is provided at ADDC’s discretion. This may include sending the ADDC Product in question to ADDC for testing/repair.
    4. ADDC recognizes that certain Customers may not be able to return ADDC Products for analysis or repair for national security reasons, and in such cases, ADDC will not require the physical return of Cards to provide Replacement Products. However, ADDC may still require a technical support session prior to issuing any Replacement Products.

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  7. Return Policy:

    ADDC shall accept returns of ADDC products only with a return merchandise authorization (RMA) number. An RMA number will be provided by support personnel after the remote support session or other ADDC requested diagnostic procedure.

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  8. Other Important Limitations:

    1. FOR COMMERCIAL CUSTOMERS (INCLUDING SMALL, MEDIUM AND LARGE BUSINESS AND GOVERNMENT AND PUBLIC SECTOR CUSTOMERS) AND RESELLERS:

      2. This paragraph applies if you purchase ADDC products for resale or for commercial or professional purposes. ADDC’S RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE EXTENDED HARDWARE WARRANTY EXPRESSLY STATED ABOVE FOR ADDC-BRANDED PRODUCTS, ADDC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, (2) FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; (3) RELATING TO ANY THIRD-PARTY PRODUCT OR SOFTWARE; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE PRODUCT OR SOFTWARE. ADDC EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THE EXTENDED HARDWARE WARRANTY.

    2. FOR CONSUMERS:

      3. This paragraph applies if you purchase ADDC products that are intended to be used for the purchaser’s personal, family or household purposes. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). ADDC’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE EXTENDED HARDWARE WARRANTY PERIOD HAS EXPIRED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

    3. FOR ALL CUSTOMERS

      4. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED HARDWARE WARRANTY OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR DAMAGED DATA OR SOFTWARE. ADDC DOES NOT WARRANT THAT THE OPERATION OF ANY ADDC PRODUCT WILL BE UNINTERRUPTED OF ERROR-FREE. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.