SWAGTRON REPLACEMENT WARRANTY – TERMS AND CONDITIONS
Congratulations on purchasing this Replacement Warranty. Please read these Terms and Conditions carefully so that You fully understand Your coverage under this Replacement Warranty. This Replacement Warranty is provided by Swagtron (“Swagtron”, “Us” and “Our”) to the party purchasing the Replacement Warranty or the party to which is Replacement Warranty was transferred pursuant to the terms below (“You”, “Your”). This Replacement Warranty covers only the product for which the Replacement Warranty was purchased, as described in your receipt (the “Covered Product”) and shall not apply to any other product. The Coverage Amount provided under this Replacement Warranty is equal to the purchase price of the Covered Product and the Term of this Replacement Warranty is One Year from the date that the Covered Product is delivered to You.
This Replacement Warranty includes for parts and labor costs to repair or replace the Covered Product when it is damaged for any reason, except those stated in Section 5 below, and provided that the Covered Product is in one piece. This Replacement Warranty also covers damage arising from an operational failure resulting from a power surge while properly connected to a surge protector. You may be asked to provide Your surge protector for examination. This Replacement Warranty does not include water damage and does not provide protection against theft, loss, reckless, or abusive conduct associated with handling and use of the Covered Product, cosmetic damage and/or other damage that does not affect the functionality of the Covered Product, or damage caused during shipment of the Covered Product to Swagtron. This Replacement Warranty is inclusive of Swagtron’s Limited Warranty that may exist during the Term, but does not replace the Limited Warranty and does not extend the term of such Limited Warranty.
To request service under this Replacement Warranty, please file Your claim online at https://rma.swagtron.com or call Us toll-free at 1-844-299-0625. You may be required to dispose of the Covered Product at a recycling facility and provide proof of the disposal or return the Covered Product, in which case, Swagtron will provide a free prepaid shipping label to our authorized service center for repair, replacement or settlement. You will be responsible for safe packaging and shipment. If upon inspection, the Covered Product is determined to have experienced a failure which is covered by Your Replacement Warranty, then, depending on the condition of the Covered Product and failure circumstances, at Swagtron’s sole discretion, Swagtron will either:
- Repair the Covered Product;
- Provide a cash refund for the Coverage Amount; or
- Provide a refurbished replacement product only upon Your request at Your option.
3.LIMITATION OF LIABILITY
The total amount that Swagtron will pay for repairs or replacement made in connection with all claims that You make pursuant to this Replacement Warranty shall not exceed the Coverage Amount. In the event that Swagtron makes payments for repairs or replacements, which in the aggregate, are equal to or more than the Coverage Amount, or if Swagtron provides a cash settlement reflecting the replacement cost of a new product of equal features and functionality, then Swagtron will have no further obligations under this Replacement Warranty. SWAGTRON SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE OR LOST TIME.
You agree to properly maintain, store and use the Covered Product according to the manufacturer instructions and to provide information requested by Swagtron to determine the applicability of this Replacement Warranty.
5.WHAT IS NOT COVERED
Damage arising from the following are not covered by the Replacement Warranty:
- Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Replacement Warranty;
- Intentional damage;
- Lost, stolen, or irretrievable items;
- Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer’s specifications and owner’s manual, including, but not limited to, exposure to weather conditions, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper electrical/power supply, improper equipment modifications, attachments or installation or assembly, vandalism, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes), or any other peril originating from outside the product.
- Claims made under any improperly or incorrectly purchased Replacement Warranty;
- Cosmetic damage to other non-operating parts or components which does not affect the functionality or the covered product;
- Replaceable battery;
- Product(s) with removed or altered serial numbers;
- Manufacturer defects or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
- Failures related to shipping damage, cleaning, preventive maintenance, “No Problem Found” diagnosis, intermittent and non-intermittent issues that are not product failures (such as poor cell phone reception);
- Items sold in a private sale (e.g. flea market, yard sale, estate sale, craigslist).
6.NO LEMON POLICY
If Your Covered Product has two repairs completed for a problem and a third repair/replacement is needed for the same problem within any twelve (12) month period, Swagtron will provide a cash refund in the amount You paid for the Covered Product or provide a refurbished replacement Product only upon Your request and at Your option. The Replacement Warranty covers no more than two repairs OR one replacement during the Term.
7.TRANSFER OF REPLACEMENT WARRANTY
This Replacement Warranty may be transferred at no charge. To transfer this Replacement Warranty, please send an email to email@example.com from the email address that you used to register Your account.
Swagtron may cancel this Replacement Warranty at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. If Swagtron cancels Your Replacement Warranty, You will receive a pro rata refund. If Swagtron cancels this Replacement Warranty for any reason, written notice including effective date and reason for cancellation will be provided to You at least 7 days prior to termination.
Unless amended or revised by Us with at least thirty (30) days advance written notice to You, this Replacement Warranty sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms.