LaMetric hardware 1-year limited warranty

What is covered?

Smart Atoms Limited ("Company") warrants to the original purchaser ("Customer") who bought LaMetric product (the "Product") from authorized resellers that the Product will be free from defects in material and workmanship (the “Warranty”) for a period of one (1) year from the original purchase date (“Limited Warranty Period”). Resellers, who have a distribution agreement signed might have different limited warranty period and Company obligations regarding warranty which are indicated in the distribution agreement, however below terms should apply for identifying whether the product is defective. This Warranty applies to the hardware Product only, not software. The determination of whether the Product returned to Company satisfies the conditions of this Warranty shall be made by Company in its sole discretion. Company's only obligations under this Warranty, and Customer’s sole remedy for breach of this Warranty, are limited to repair of any part or parts of the Product that prove to be defective during the Limited Warranty Period using new or refurbished replacement parts or, in Company’s sole discretion, replacement of such Product with Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product. In addition, Company may, in its sole discretion, provide a partial refund(excluding taxes and shipping costs) for a defective Product in lieu of any repair or replacement based on the number of months left to the end of the warranty.

The company may request that the Customer replaces defective parts with new or refurbished user-installable parts that the Company provides in fulfillment of its warranty obligation.

When a product or part is exchanged, any replacement item becomes Customer property and the replaced item becomes Company's property.

Exclusions And Limitations

Manufacturers, suppliers, or publishers, other than Company, may provide their own warranties to the end-user, but Company, in so far as permitted by law, provides their products "as is". Software distributed by Company with or without the Company brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the terms of use accompanying the software for details of your rights with respect to its use.

This Warranty also does not cover

(I) Product accessories such as chargers, cables, modifications, etc.,
(II) any services offered to you by Company or any third party in connection with the Product,
(III) blemishes, marring of appearance or general wear and tear and cosmetic damage, including, but not limited to, scratches, dents, and broken plastic.

This Warranty is limited to the Customer only and may not be assigned or transferred. This Warranty does not apply to, and specifically excludes the following:

(a) the Product has been subjected to misuse, abuse, negligence, accident, or improper or inadequate maintenance;
(b) modifications, repairs, or services are made to the Product by unauthorized or unqualified persons;
(c) defects or damage resulting in exposure to liquid, moisture, dampness, sand or dirt;
(d) the Product has not been purchased directly from Company;
(e) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship in the Product(s);
(f) defects or damage caused by installation, wiring, or testing, improper storage, third-party applications downloaded to the Product(s) or companion applications that connect to and communicate with the Product(s) or if the serial number has been removed;
(g) damage caused by operating the Product(s) outside the permitted or intended uses described by Company;
(h) damage caused by use with non-Company products;
(i) any non-Company hardware products
(j) any software, even if packaged or sold with the Product(s);

Company reserves the right to disable Product(s) if Company suspects fraud or if the Company determines that the Product(s) are counterfeit, stolen or lost in shipment. The company does not warrant that the operation of the Product(s) will be uninterrupted or error-free. The company is not responsible for damage arising from failure to follow instructions relating to the use of the Product(s).

Filing a warranty claim

All Warranty claims must be made by e-mailing [email protected] (and including in the subject line: Warranty Claim). Customer must obtain a RMA from Company. All Products must be returned to Company Designated Address in connection with the RMA, freight prepaid, in either its original packaging or packaging providing an equal degree of protection with the original or copy of a sales receipt for the returned Product prior to the expiration of the Limited Warranty Period. Incomplete returns will not be accepted.

Company will evaluate your claim to determine, in its sole discretion, whether the returned Product is covered under this Warranty. If Company determines that there is no trouble found with your returned Product or the returned Product is not eligible for warranty service, Company will ship the Product back to you, at Customer's expense. If Company determines that the Product is covered under this Warranty, Company will repair or replace the Product.

It is Customer responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Company will not be responsible for any such damage or loss.

Additional terms and conditions

This Warranty is for the repair or replacement of parts or Products only. Except to that limited extent, Company will not under any circumstances be liable for any loss, cost, damage, or expense of any kind arising from a breach of these warranties or otherwise. Without limiting the foregoing, smart atoms shall not be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages arising out of a breach of this Warranty or in connection with the sale, maintenance, use, operation, servicing, or repair of any Smart Atoms product. In no event will Smart Atoms be liable for any amount greater than the purchase price of a defective product.

This Warranty is the sole and exclusive warranty for Smart Atoms products, and is in lieu of all other warranties express or implied. Smart Atoms specifically disclaims all other warranties express or implied, including, but not limited to, all implied warranties of merchantability and of fitness for a particular use or purpose. No person or entity is authorized to bind Smart Atoms to any other warranty, obligation, or liability for any Smart Atoms product. Acceptance or use of the Smart Atoms product for which this warranty is issued will constitute acceptance of the terms hereof.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental, or other damages, or of any express or implied warranties, in such jurisdictions Smart Atom's liability is limited to the greatest extent permitted by law. This limited warranty provided by smart atoms gives customers specific legal rights, and customers may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers of liability included in this Limited Warranty shall remain in effect and shall continue to be enforceable in the event that any remedy herein shall fail of its essential purpose.

This Warranty shall be governed by the laws of the United Kingdom. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost-effective manner through binding non-appearance-based arbitration.

The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within London, United Kingdom.