Warranty PolicyFOR CONSUMERS, WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. THIS WARRANTY DOES NOT EXCLUDE, LIMIT OR SUSPEND ANY RIGHTS OF CONSUMERS ARISING OUT OF NON-CONFORMITY WITH A SALES CONTRACT. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE. THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT PURCHASE TOOK PLACE.
GigaPan’s warranty obligations for hardware products are limited to the terms set forth below: GigaPan warrants to the original Licensee that the GigaPan Hardware will be free from defects in materials or workmanship under normal use for a period of ONE YEAR (365 DAYS) from the date of original purchase by the original end-user purchaser (the “Warranty Period”). If a defect arises and you submit a valid claim to GigaPan within the Warranty Period, then GigaPan, at its option, will either (1) repair the GigaPan Hardware at no charge to you, using new or refurbished replacement parts; (2) exchange the GigaPan Hardware with a product that is new (or that has been manufactured from new or serviceable used parts) and that is at least functionally equivalent to your original GigaPan Hardware; or (3) refund to you the purchase price of your GigaPan Hardware (provided you cease any and all use of the GigaPan Hardware thereafter). GigaPan may request that you replace defective parts with new or refurbished user-installable parts that GigaPan provides in fulﬁllment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by GigaPan, assumes the remaining warranty of the original product or one year from the date of replacement or repair, whichever provides longer coverage for you. GIGAPAN DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.
EXCLUSIONS AND LIMITATIONS: GigaPan‘s Hardware Warranty expressly does not cover (i) damage, loss, or corruption to content stored on or associated with the GigaPan Hardware; (ii) cosmetic damage to the GigaPan Hardware that does not materially affect the GigaPan Hardware’s functionality; (iii) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (iv) damage caused by use with non-GigaPan products; (v) damage caused by accident, abuse, misuse, ﬂood, ﬁre, earthquake or other external causes; (vi) damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of GigaPan or a GigaPan Authorized Service Provider (“AASP”); (vii) a product or part that has been modiﬁed to alter functionality or capability without the written permission of GigaPan; (viii) if any GigaPan serial number has been removed or defaced; or (ix) Hardware Defects, or other malfunctions that are caused in whole or in part (a) by the Licensee’s failure to use the GigaPan Hardware in conjunction with a compatible camera, as listed at http://www.gigapan.com/cms/support/camera-compatibility (“Compatible Camera”); or (b) by the Licensee’s (or the Licensee’s agents’ or users’) failure to use the GigaPan Hardware in accordance with the Documentation (collectively, “Excluded Items”).
EXCEPT FOR THE EXPRESS LIMITED WARRANTY GIGAPAN PROVIDES HEREIN, YOU TAKE THE GIGAPAN HARDWARE “AS IS.” GIGAPAN MAKES NO OTHER WARRANTY OR REPRESENTATION CONCERNING THE GIGAPAN HARDWARE, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF GIGAPAN CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT POSSIBLE, THE DURATION OF SUCH IMPLIED WARRANTIES SHALL EXPIRE ON EXPIRATION OF THE WARRANTY PERIOD.
No GigaPan reseller, agent, or employee is authorized to make any modiﬁcation, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
YOUR REMEDIES AS PROVIDED IN THIS WARRANTY ARE IN LIEU OF ALL OTHER RIGHTS AND REMEDIES, AND GIGAPAN SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING (i) DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, AND SIMILAR DAMAGES, (ii) LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, (iii) DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY GIGAPAN, ITS AGENTS, OR EMPLOYEES, OR (iv) ANY INDIRECT, CONSEQUENTIAL LOSS OR OTHER DAMAGE HOWSOEVER CAUSED INCLUDING DAMAGE RESULTING (a) FROM THE PURCHASE, USE, OR MISUSE OF THE GIGAPAN HARDWARE, (b) FROM ANY INABILITY TO USE THE GIGAPAN HARDWARE OR OTHER ASSOCIATED EQUIPMENT, (c) FROM THE COST OF SUBSTITUTE EQUIPMENT, (d) FROM THE COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH GIGAPAN PRODUCTS AND (e) FROM ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE GIGAPAN PRODUCT. Some States do not allow limitations on how long an implied warranty lasts, and do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
OBTAINING WARRANTY SERVICE: If, after following the instructions in the Documentation, you are certain that the GigaPan Hardware presents a Hardware Defect, please follow the steps identified at http://www.gigapan.com/cms/support-overview to obtain warranty service for Hardware Defect.