Last updated: May, 2019
BY PURCHASING YOUR XPERCOUNT2 PRODUCT (“COVERED EQUIPMENT”), CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THE XPERTSEA ONE (1) YEAR LIMITED WARRANTY (“THE PLAN”) AS SET OUT BELOW.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THE ABOVE MENTIONNED PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. NOTHING IN THIS PLAN SHALL PREJUDICE CONSUMER RIGHTS GRANTED BY APPLICABLE MANDATORY LAWS, INCLUDING CONSUMER’S RIGHT TO THE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY XPERTSEA OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
1. THE PLAN
These terms govern the hardware warranty and technical support provided to Customer by XpertSea under the above-mentioned Limited Warranty for the Covered Equipment listed on Customer’s original sales receipt (“Coverage Confirmation”).
2. WHEN COVERAGE BEGINS AND ENDS
The warranty period begins on the date the Covered Equipment is delivered to the customer (destination on the XpertSea's invoice) and continues for twelve (12) months ("Warranty") or as long as the Customer pays for the Equipment. The terms of this Plan and the original sales receipt are each part of Customer’s service contract.
3. WHAT IS COVERED?
If during the Warranty Period, customer submits a valid claim by notifying XpertSea that a defect in materials and workmanship has arisen in the Hardware, XpertSea will either (a) repair the defect at no charge, using new or refurbished parts that are equivalent to new in performance and reliability, or (b) exchange the Hardware with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original product. If XpertSea exchanges the Hardware, the original product becomes XpertSea’s property and the replacement product is customer’s property with coverage for the remaining period of the Plan.
3.2 Covered Equipment
The “Covered Equipment” includes the following according to The Plan:
(a) one XpertSea-branded XperCount2 electronic lid
(b) one XpertSea-branded XperCount2 container
(c) one XperCount2 power supply.
If during the Warranty Period, customer submits a valid claim by notifying XpertSea that a defect in materials and workmanship has arisen in the Covered Equipment, XpertSea will either (a) repair the defect at no charge, using new or refurbished parts that are equivalent to new in performance and reliability, or (b) exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original product. If XpertSea exchanges the Covered Equipment, the original product becomes XpertSea’s property and the replacement product is customer’s property with coverage for the remaining period of the Plan.
3.3 Technical Support
During the Warranty Period, XpertSea will provide Customer with access to telephone and web-based technical support resources (email@example.com). Technical support may include assistance with activation, configuration, operation and troubleshooting of the Covered Equipment.
3.4 Scope of Technical Support
XpertSea will provide technical support for the Covered Equipment and XpertSea-branded software counting applications that are used to operate the Covered Equipment.
4. WHAT IS NOT COVERED?
4.1 Hardware Service
The Plan does not apply to:
(a) Damage caused by (a) a product that is not the Covered Equipment (b) accident, abuse, misuse, liquid contact, fire, earthquake or other external cause, (c) operating the Covered Equipment in violation of XpertSea’s Subscriber Agreement and Warranty or (d) service (including upgrades and expansions) performed by anyone who is not a representative of XpertSea;
(b) Covered Equipment that has been modified to alter its functionality or capability without the written permission of XpertSea;
(c) Covered Equipment that has been lost or stolen. This Plan only covers Covered Equipment that is returned to XpertSea in its entirety;
(d) Cosmetic damage to the Covered Equipment, including but not limited to scratches, dents and broken plastic on ports;
(e) Preventative maintenance on the Covered Equipment; or
(f) Defects caused by normal wear and tear or otherwise due to normal aging of the product.
4.2 Technical Support
The Plan does not include:
(a) Issues that could be resolved by upgrading software to the then current version;
(b) Customer’s use of or modification to the Covered Equipment in a manner for which the Covered Equipment or Consumer Software is not intended to be used or modified;
(c) Third-party products or their effects on or interactions with the Covered Equipment or Consumer Software;
(d) Consumer Software or any XpertSea-branded software designated as “beta”, “prerelease,” "in development" or “preview” or similarly labeled software;
(e) Damage to, or loss of any software or data residing or recorded on the Covered Equipment. Recovery and reinstallation of software programs and user data are not covered under this Plan.
5. HOW TO OBTAIN SERVICE AND SUPPORT?
5.1 Making a Claim
Warranty claims must be made by the original customer within thirty (30) days of the first manifestation of a problem. To submit a claim, customer may contact XpertSea customer support service by email at firstname.lastname@example.org or by phone at +1 (581) 981-9811. Call charges may apply depending on customer’s location. Customer may be required to furnish proof of purchase details when making a claim under this warranty. Customer must keep the original sales receipt for the Covered Equipment and Plan, as it will be required if there is any question as to Customer product’s eligibility for coverage.
5.2 Return Process
5.2.1 RMA Number
All returns must have a valid RMA number to be accepted. If the return claim meets XpertSea’s coverage criteria, Customer may obtain an RMA number and receipt by contacting email@example.com. XpertSea reserves the right to refuse any unauthorized returns, including those with invalid or expired RMA numbers. RMA numbers cannot be extended or reissued. In order to expedite a return, customer should have the following information available when requesting an RMA number: customer details, sales order or invoice number, product details including quantity, part or serial number, and the reason for return.
5.2.2 Returned Products
All products authorized to be returned to XpertSea must have a valid RMA number written on the return shipping label (not on the box), and must be returned 100% complete with all original packaging including boxes and packing materials.
Customer shall enclose the Return Merchandise Bond provided by XpertSea with the Covered Equipment to be returned to XpertSea’s office. For any return under warranty, customer shall follow the instructions provided by XpertSea.
5.2.3 Return Shipping Costs
XpertSea is responsible for shipping charges incurred during the return process of Covered Equipment.
5.3 Repair Process
Any repairs under this warranty must be conducted by an authorized XpertSea service representative. XpertSea reserves the right to change the method by which XpertSea may provide repair or replacement service to customer, and Covered Equipment’s eligibility to receive a particular method of service. Response times may vary according to country. If customer seeks service in a country that is not the country of purchase, customer will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges.
6. CUSTOMER CONDUCT AND COMPLIANCE
To receive service or support under the Plan, customer agrees to comply with the following:
(a) Follow the proper installation, operation and maintenance of the Covered Equipment in accordance with instructions provided in the User's Guide. XpertSea does not warrant against normal wear and tear, nor damage caused by accident, abuse, misuse, misapplication, storage damage, negligence or modification to the Covered Equipment or any of its components.
(b) ALWAYS CHARGE EQUIPMENT FROM A GROUNDED WALL OUTLET. DAMAGES RESULTING FROM NON-GROUNDED CHARGING ARE NOT COVERED BY THE PLAN;
(c) NEVER ATTEMPT TO DISASSEMBLE OR TAMPER WITH THE ELECTRONIC LID. XPERTSEA DOES NOT WARRANT THE MODULE IF IT HAS BEEN DISASSEMBLED OR MODIFIED BY CUSTOMER;
(d) DO NOT PUT THE CABLE AND THE POWER SUPPLY INTO CONTACT WITH WATER. XPERTSEA DOES NOT WARRANT THE CHARGING EQUIPMENT IF IT DAMAGED BY WATER;
(e) Provide a copy of Coverage Confirmation, if requested;
(f) Provide information about the symptoms and causes of the issues with the Covered Equipment;
(g) Respond to requests for information, including but not limited to the Covered Equipment serial number, version of the operating system and software applications installed, any peripheral devices connected or installed on the Covered Equipment, any error messages displayed, actions taken before the Covered Equipment experienced the issue and steps taken to resolve the issue;
(h) Follow instructions given by XpertSea, including but not limited to refraining from sending XpertSea products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions;
(i) Update software to currently published releases prior to making a claim.
7. LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XPERTSEA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT XPERTSEA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(a) XpertSea may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to customer in doing so;
(b) XpertSea is not responsible for any failures or delays in performing under the Plan that are due to events outside XpertSea’s reasonable control;
(c) This Plan is not offered to persons who have not reached the age of majority in their country of residence. This Plan is not available where prohibited by law;
(d) Customer agrees that any information or data disclosed to XpertSea under this Plan is not confidential or proprietary to customer. Furthermore, customer agrees that XpertSea may collect and process data on customer’s behalf when it provides service. This may include transferring customer data to affiliated companies or service providers located in countries where data protection laws may be less comprehensive than customer’s country of residence;
(f) The terms of the Plan, including the Coverage Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute customer’s and XpertSea’s entire understanding with respect to the Plan;
(g) There is no informal dispute settlement process available under this Plan;
(h) Except where prohibited by law, the laws of the Province of Quebec govern this Plan;
(i) Support services under this Plan may be available in English and French only.
9. EXTENDING THE WARRANTY
XpertSea offers a One (1) Year Extended Warranty which allows you to prolong the Warranty Period for another twelve (12) months. For further information, please feel free to email us at firstname.lastname@example.org.
10. CONTACTING XPERTSEA
For questions or complaints about this Limited Warranty, feel free to email us at email@example.com.