QUIRKLOGIC SERVICES AGREEMENT TERMS & CONDITIONS THIS AGREEMENT IS BETWEEN QUIRKLOGIC USA, INC. ("QUIRKLOGIC") AND "YOU" (NAMELY, THE CUSTOMER LISTED ON THE ACCEPTED QUIRKLOGIC SALES ORDER TO WHICH THESE QUIRKLOGIC SALES ORDER TERMS AND CONDITIONS ARE ATTACHED AND FORM THEREOF (COLLECTIVELY, THE “QUIRKLOGIC SALES ORDER”).
Unless otherwise agreed by QuirkLogic in writing, the terms and conditions of this QuirkLogic Sales Order will govern the sale of any QuirkLogic Device, any of its related accessories, any software licensed for use with the same and any services to be provided hereunder. QuirkLogic hereby objects to any additional, conflicting or different terms that may be proposed by You or set out in any purchase order or other document provided by you and no terms or conditions included in any such documents shall apply to the Devices, accessories, Software or services to be provided or performed hereunder. This QuirkLogic Sales Order may only be accepted by executing and returning one copy of same to QuirkLogic within the period specified in the QuirkLogic Sales Order. This QuirkLogic Sales Order may not be accepted after such date. The agreement created by the acceptance of this QuirkLogic Sales Order is between You and QuirkLogic.
For the purposes of this QuirkLogic Sales Order: “Device” shall mean the hardware and related systems specified in this QuirkLogic Sales Order; “Device Ecosystem” means the Internet enabled Device connection services to be provided by QuirkLogic; "Professional Services" means the training, consulting and other services which may be provided by QuirkLogic hereunder as may be specified in a QuirkLogic Sales Order; Software" shall have the meaning ascribed thereto in the QuirkLogic End User License available on QuirkLogic’s website or on your Device; and "Support Services" means any support services as may be specified in a QuirkLogic Sales Order and which are further described in the applicable Device support program documentation as published by QuirkLogic from time to time.
By accepting delivery of the Device, accessories, Software, Professional Services or Support Services specified in the QuirkLogic Sales Order, You agree to be bound by these terms and conditions. All orders are subject to QuirkLogic’s ability to obtain, on appropriate terms and within a reasonable amount of time, any export license(s) or permit(s) required by applicable government law or regulation. QuirkLogic shall have the right to cancel any order at any time if You fail to agree to these terms and conditions or materially breach same (including, without limitation, by failing to pay any amounts when due).
If you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet enabled collaboration, you may not enter into this Agreement and you may not download, install or use the Software or use the Device. By using the Device or using or installing the Software you are explicitly stating that you have verified in your own jurisdiction if your use of the Device and the Software is allowed. Your access to the Device, Software and/or this Agreement may be terminated without warning, if QuirkLogic reasonably believes that your use of the Device or the Software is not permitted in your jurisdiction.
DEVICE AND ACCESSORIES: The Device and accessories (other than third party accessories) specified in the Quirklogic Sales Order are provided with, and subject to the terms of, Quirklogic’s one (1) year limited warranty for Devices (“Warranty”) attached hereto as Schedule A. Prior to using your Device and accessories, please review the applicable user guide(s) included with same. Please retain such user guide(s) for future reference. Where your Device or accessory includes a battery, such battery may be a lithium-ion battery and should only be replaced by QuirkLogic or a QuirkLogic approved service representative. All batteries should be recycled or disposed of only in accordance with applicable law.
DATA BACK UP:
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION STORED ON THE DEVICE TO PROTECT SUCH INFORMATION AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INFORMATION AND BACKING UP SAME, QUIRKLOGIC SHALL HAVE NO LIABILITY FOR ANY LOST, DELETED OR UNRETRIEVABLE INFORMATION, REGARDLESS OF CAUSE.
THIRD PARTY ACCESSORIES:
By executing and returning this QuirkLogic Sales Order, You acknowledge and agree that any third party accessories provided to You hereunder are subject to, and governed by, the documentation provided by the third party that specifies the terms and conditions for the use of their accessories. QuirkLogic assumes no responsibility for the operation of third party accessories delivered under this QuirkLogic Sales Order and all such issues must be addressed by You directly with the third party supplier. When applicable, QuirkLogic shall provide You with one (1) copy of related instructions and documentation. You may not reproduce such instructions and documentation. Where available, You may order additional copies from QuirkLogic. All related instructions and documentation shall be in English. Although QuirkLogic or its representatives may from time to time provide translations of such instructions and documentation as a courtesy, the English version shall govern in the event of, and QuirkLogic shall not be liable for, any discrepancies. DEVICE ECOSYSTEM: QuirkLogic shall use commercially reasonable efforts to provide You with access via the Internet to the Device Ecosystem (for the period specified in the QuirkLogic Sales Order) for the purpose of permitting You to connect one or more of your Devices together over the Internet in accordance with the terms of this QuirkLogic Sales Order (including the QuirkLogic End User License Agreement). QuirkLogic undertakes to provide such access during such period on a 24-hours per day and 365 days per year basis and to operate the Device Ecosystem so that it is available for a minimum of ninety-seven (97%) percent of each calendar quarter, excluding regularly scheduled maintenance, repairs, or upgrades. QuirkLogic will use commercially reasonable efforts to schedule such activities so that they do not occur between 8:00am – 8:00pm Eastern Time (UTC -05:00).
You acknowledge and agree that You are responsible for obtaining your own access to the Internet and that QuirkLogic shall not provide such access or any services in relation thereto. QuirkLogic's service level objectives set out above do not include, under any circumstances, any issues or limitations arising from any portion of the Internet or your networks, hardware or software.
You acknowledge and agree that most information shared or communicated when using the Device Ecosystem is undertaken through the Internet and, even though it may be encrypted using industry accepted encryption technologies, such communications occur in an unsecured environment and may be intercepted by others.
You shall not send, submit, post, receive or otherwise facilitate, or in anyway use, or permit to be used, the Device Ecosystem to send, submit, post, receive or otherwise facilitate the transmission of, any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate. You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation) when using the Device ecosystem. You acknowledge and agree that You shall be responsible for all uses made by You of the Device Ecosystem. Notwithstanding any other provision in this QuirkLogic Sales Order, QuirkLogic may suspend use of the Device Ecosystem if QuirkLogic reasonably believes that You have failed to comply with this QuirkLogic Sales Order or that your continued use of the Device Ecosystem may materially impact it or any element thereof.
By executing and returning this QuirkLogic Sales Order, You acknowledge and agree that the Software provided to You hereunder is subject to, and governed by, the terms and conditions of the QuirkLogic End User License including, all of the rights, restrictions, indemnities, disclaimers and limitations contained therein. The QuirkLogic End User License forms part of, and is hereby incorporated into, the QuirkLogic Sale Order.
The Software is subject to and provided with QuirkLogic's Software warranty as provided in the QuirkLogic End User License. This warranty shall be exclusive and in lieu of all other representations, warranties or conditions, whether statutory, express or implied (including representations, warranties or conditions of merchantability, fitness for particular purpose, uninterrupted use and representations, warranties or conditions arising from course of performance or dealing or usage of trade).
THIRD PARTY SOFTWARE:
From time to time, QuirkLogic may incorporate third party software in the Device. You acknowledge and agree that Your use of said third party software is subject to the "Copyright Notices for Software” document which may be provided to You with this QuirkLogic Sales Order.
UPDATES TO THE SOFTWARE:
From time to time, QuirkLogic may provide You with updates or revisions to the Software. Such updates and revisions shall form part of the Software licensed hereunder and be governed by the terms and conditions of the QuirkLogic End User License unless they are accompanied by and subject to additional terms, in which case such additional terms shall govern. Any additions or revisions to the “Copyright Notices for Software” accompanying such updates and revisions shall be incorporated into and form part of this QuirkLogic Sales Order upon installation of such updates or revisions.
QuirkLogic shall provide to You the Support Services selected in the QuirkLogic Sales Order for the period specified therein. If no period is specified, such services shall be provided for one (1) year from the effective date of the QuirkLogic Sales Order. All such Support Services are subject to the description thereof in the applicable Device support program documentation as published by QuirkLogic from time to time.
QuirkLogic shall provide to You the Professional Services selected in the QuirkLogic Sales Order. All such Professional Services are subject to the applicable description of work for such services provided with the QuirkLogic Sales Order, including the hours, rates, personnel, time schedule and any other charges that may apply to delivery of such services.
Unless otherwise specified herein, QuirkLogic shall perform the Support Services and the Professional Services in a manner consistent with the degree of care and skill ordinarily exercised in the software industry in Canada and the United States. QuirkLogic shall reperform (or, at QuirkLogic’s option, pay a third party to reperform) any defective services (including services performed in conjunction with QuirkLogic's Software) at no cost upon receipt of notice detailing the defect(s) within ninety (90) days of performance of the original services. Such reperformance is your exclusive remedy for any defective service. Such obligation shall not apply to the extent that the defect arises as a result of: (i) your decision not to comply with the reasonable advice of QuirkLogic in respect of the services; (ii) QuirkLogic's reliance on incorrect information provided by You; (iii) your (including your personnel's) failure to promptly perform its responsibilities as set out herein; or (iv) any factor or event outside of QuirkLogic’s reasonable control.
ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SERVICES, INCLUDING THOSE WHICH MAY BE IMPLIED BY LAW, ARE HEREBY DISCLAIMED.
QuirkLogic shall pack and ship the Devices and accessories You have ordered according to its standard procedures, and all shipments shall be sent to You using the QuirkLogic standard freight forwarder or carrier. You shall pay for any increased costs due to special packing, shipment (including freight forwarders or carriers required by You) or insurance requests, as well as any detention charges. All shipments are made in accordance with the Incoterms specified in the QuirkLogic Sales Order, provided that, acceptance of such shipments shall be deemed to have occurred no later than fifteen (15) days after shipment. You may not return any shipment without prior written consent of QuirkLogic.
The dates on which the Devices, accessories, Software specified hereunder will be delivered to You are approximate, and are based in part upon the prompt receipt of all necessary information from You. They do not constitute a contractual obligation.
The fees payable hereunder are specified in the QuirkLogic Sales Order. The fees payable hereunder do not include any applicable sales, use, excise, value-added or other taxes or duties; You are responsible for paying same. Unless You provide QuirkLogic with a valid and correct tax exemption certificate applicable to your purchase and the applicable ship-to location, You are responsible for sales and other taxes associated with the order. All prices are quoted and all payments shall be made in the currency specified in the QuirkLogic Sales Order; where no such currency is specified, then such payments will be, and will be made in, U.S. Dollars.
In addition to the fees set out in the QuirkLogic Sales Order, You acknowledge that fees may also be payable in respect of the provision of services (including, development, installation, support or maintenance services), all such fees being governed by the applicable services, support or maintenance agreement(s).
Unless otherwise expressly stated herein, payment must be received by QuirkLogic prior to our fulfilment of your order. Any change in these payment terms must be agreed to in writing by QuirkLogic before the sales order is issued. Notwithstanding the foregoing, your failure to pay amounts due will be deemed a material breach of this QuirkLogic Sales Order, and any acceptance by QuirkLogic of late payments will not be deemed a waiver of such breach. To the extent allowed by law, QuirkLogic will be entitled to recover all costs incurred in collecting amounts due from You, including without limitation, legal fees and other costs (including without limitation, disbursements).
You acknowledge that QuirkLogic's intellectual property is the sole property of QuirkLogic and its licensors. Software (including firmware) is owned by QuirkLogic (or its licensors) and is licensed, not sold, to You. Neither the sale of any Device or accessory nor the provision of any Software or services shall result in any transfer of any of QuirkLogic's intellectual property rights (including without limitation patents, copyrights, confidential information, rights to designs or other work product). You shall not remove or alter any trademarks, service marks, or trade dress that identify QuirkLogic, nor use any trademarks, service marks, trade dress or any other intellectual property that is confusingly similar to those of QuirkLogic. Any information, suggestions or ideas transmitted by You to QuirkLogic in connection with the Device, accessories, Software or services hereunder shall not be regarded as proprietary or confidential, unless identified in writing by You and acknowledged in writing by QuirkLogic.
All work product, materials, documents and intellectual property (including without limitation all inventions, designs, ideas, discoveries, works, creations, patents, copyrights and trade-marks) and all intellectual property rights or other rights relating thereto and developed during the course of, or in connection with, the performance of any services (collectively “Work Product”) solely by one of the parties shall be the property of and owned by the party who developed same. All Work Product developed jointly by the parties shall be the property of and owned by QuirkLogic. You agree that You have no ownership rights of any kind therein and You hereby assign, and upon the performance of each service automatically assign, to QuirkLogic all of your right, title and interest, if any, in any such Work Product. Further, to the extent arising at law, You hereby unconditionally and irrevocably waive and shall cause your personnel to unconditionally and irrevocably waive all moral rights that exist or may exist in any of QuirkLogic's Work Product. If You or your personnel incorporate into any of QuirkLogic's Work Product any pre-existing intellectual property owned by You or your personnel or in which You or your personnel have an interest, QuirkLogic is hereby granted and shall have a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to make, have made, modify, use, sell, license (at any level) and in any other way exploit such pre-existing intellectual property as part of or in connection with such Work Product, without obligation to account to, or obtain consent from, You or your personnel. You shall, upon our request, obtain from your personnel any agreement or assignment required to confirm ownership rights in QuirkLogic's Work Product in favor of QuirkLogic, the licenses granted herein and the waiver of all moral rights therein.
QuirkLogic shall indemnify, defend and hold You harmless in respect of any claim, suit or proceeding brought against You based solely on a claim that the Device, accessories (other than Third Party accessories identified as such on the QuirkLogic Sales Order), Software or services provided hereunder infringe any enforceable patent, trade secret, copyright or trademark right in Canada or the United States of America of any third party (a "Claim"), provided You notify QuirkLogic promptly of such Claim in writing and QuirkLogic is given the right to control the defense of such Claim.
QuirkLogic shall have complete control over any such suit or proceeding including, without limitation, the right to settle same on your behalf on any terms QuirkLogic deems desirable (in the sole exercise of its discretion) so long as it is at no cost to You. You shall have the right to be independently represented by counsel of your own choice and at your own cost. Subject to the limitations of liability contained herein, QuirkLogic agrees to pay such damages and costs finally awarded against You or payable pursuant to a settlement agreement (approved of by QuirkLogic) in connection with such suit or proceeding.
If the use of the applicable Device, accessory, software or service may be enjoined as a result of any Claim or other action, QuirkLogic may, at its sole option and expense: (a) obtain for You the right to continue using the applicable Device, accessory, Software or service; or (b) modify the applicable Device, accessory, Software or service so that it no longer infringes; or (c) provide You with a reasonable alternate, as applicable, providing substantially similar features, functions and capability; or (d) refund to You the fees paid by You for the applicable Device, accessory, Software or service in the one (1) year period preceding the event giving rise to such action and You shall cease using same.
QuirkLogic shall have no liability hereunder for infringement claims based upon modifications by You, or on your behalf, to the applicable Device, accessory, Software or service, the combination of the applicable Device, accessory, Software or service with any other software, equipment, system or process or use of the applicable Device, accessory, Software or service other than as described in the documentation and authorized hereunder.
The foregoing sets out your sole and exclusive remedy, the entire liability of QuirkLogic and the sole obligations of QuirkLogic to You in respect of any claim that the Device, accessories, Software or services infringe any third party rights.
LIMITATION OF LIABILITY:
IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL QUIRKLOGIC'S TOTAL AND CUMULATIVE LIABILITY TO YOU FOR ANY LOSS OR DAMAGE ARISING UNDER THIS QUIRKLOGIC SALES ORDER, THE PERFORMANCE HEREOF OR THE USE OF OR RELIANCE UPON ANY DEVICE, ACCESSORY, SOFTWARE OR SERVICE PROVIDED HEREUNDER EXCEED THE PRICE SPECIFIED HEREUNDER FOR THE SPECIFIC DEVICE, ACCESSORY, SOFTWARE OR SERVICE THAT GAVE RISE TO THE CLAIM. NO CLAIM, REGARDLESS OF FORM, ARISING FROM THIS QUIRKLOGIC SALES ORDER MAY BE BROUGHT BY YOU MORE THAN TWO (2) YEARS FROM THE DATE OF THIS QUIRKLOGIC SALES ORDER.
IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL QUIRKLOGIC BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, ANY LOSS OF PROFIT OR REVENUES, LOSS OF USE OF SOFTWARE, HARDWARE OR SERVICES OR EQUIPMENT, DAMAGE TO EQUIPMENT, LOSS OF OPPORTUNITY, LOSS OF DATA, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES, SERVICES OR DOWNTIME COSTS, EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You shall comply with QuirkLogic’s specifications and any restrictions as set for herein and/or in QuirkLogic’s End User License Agreement. The Device and/or the Device Ecosystem are not designed, intended or authorized for use in life support, life sustaining, or other applications in which any failure of the Device and/or Device Ecosystem could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. Furthermore, the Device and the Device Ecosystem are not authorized for use in residential settings. If You use the Device and/or Device Ecosystem for any purpose prohibited under this Agreement or QuirkLogic’s End User License Agreement:
You hereby consent and grant to QuirkLogic the right to use your name, logo and quote, or portion thereof, that You have provided to QuirkLogic in connection with any marketing, advertising, or other publicity undertaken by QuirkLogic in respect of the Device, accessories, Software or services or QuirkLogic’s related undertakings. QuirkLogic is not responsible for the content or the accuracy of such information.
You agree that You will not disparage QuirkLogic, the Device, accessories, Software, Professional Services or Support Services provided by QuirkLogic or post any negative statements, reviews, comments, or feedback about QuirkLogic the Device, accessories, Software, Professional Services or Support Services provided by QuirkLogic to any third party whether orally or in any written publication or online forum, chat room, or message board.
Headings are provided for convenience of reference and do not constitute a part of this QuirkLogic Sales Order. Any references to a particular section of this QuirkLogic Sales Order shall be deemed to include reference to any and all subsections thereof. The words "party" or "parties" when used herein refer, respectively, to a party and to both of the parties to this QuirkLogic Sales Order. The words "hereof", "herein", "hereunder" and other words of similar import refer to this QuirkLogic Sales Order as a whole, including any attachments hereto, as the same may from time to time be amended or supplemented and not to any subdivision contained in this QuirkLogic Sales Order. Reference to provisions of statutes, rules or regulations shall be deemed to include references to such provision as amended, modified or re-enacted from time to time. The word "including" when used herein is not intended to be exclusive and in all cases means "including without limitation".
Any notice pursuant to this QuirkLogic Sales Order shall be deemed given when sent by registered mail (return receipt requested) or overnight delivery to an authorized officer at the address provided on the QuirkLogic Sales Order or, if no such address is provided, at the registered headquarters of the other party.
This QuirkLogic Sales Order shall be governed by and construed in accordance with the laws of the State of New York applicable therein, excluding its conflict of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods or like convention, if applicable. The courts in the State of New York shall have non-exclusive jurisdiction over all disputes relating to this QuirkLogic Sales Order. Each of the parties hereto irrevocably attorns and consents to the jurisdiction of such courts.
In case of conflict the order of precedence of the documents constituting this agreement shall be the QuirkLogic Sales Order, then these Sales Order Terms and Conditions and then any other document incorporated herein.
This QuirkLogic Sales Order, including all schedules attached to it, supersedes all previous agreements, if any, between the parties hereto and constitutes the sole and entire agreement between them, with respect to its subject matter. Each party hereto agrees that there are no oral representations, warranties or conditions and that all terms are embodied in this QuirkLogic Sales Order.
Despite the possibility that one party or its representatives may have prepared the initial draft of this QuirkLogic Sales Order or any provision thereof or played a greater role in the preparation of subsequent drafts, the parties agree that neither of them shall be deemed the drafter of this QuirkLogic Sales Order and that, in construing this QuirkLogic Sales Order, no provision hereof shall be construed in favor of one party on the ground that such provision was drafted by the other.
The invalidity, in whole or part, of any provision in this QuirkLogic Sales Order shall not affect the remainder of such provision or any other provision and, where possible, shall be replaced by a valid provision that affects as close as possible the intent of the invalid provision.
Any modification of this QuirkLogic Sales Order must be in a writing signed by an authorized officer of QuirkLogic. QuirkLogic is an independent contractor; nothing in this QuirkLogic Sales Order shall be construed to create a partnership, joint venture, or agency relationship between the parties.
No failure or delay by either party in exercising any right or remedy, or insisting upon strict compliance by the other party with any obligation in this QuirkLogic Sales Order, shall constitute a waiver of any right thereafter to demand exact compliance herewith. For a waiver to be effective it must be in writing and signed by the waiving party. No such waiver shall in any event be deemed a waiver of any subsequent default under the same or any other term or provision contained herein. Neither party shall be liable for failure to perform or delay in performance of any obligation under this QuirkLogic Sales Order (except payment of amounts already due and owing) where such failure or delay results from any event beyond its reasonable control.
This QuirkLogic Sales Order is an agreement between the parties, and confers no rights upon any of the respective employees, agents, or contractors or any other person. You may not assign this QuirkLogic Sales Order nor delegate any of your duties, in whole or in part, without the prior written consent of the QuirkLogic, which consent shall not be unduly withheld, conditioned or delayed.
ONE YEAR LIMITED WARRANTY
Thank you for your recent purchase. QuirkLogic USA Inc. (“QuirkLogic”) is pleased to provide you, the original end-user purchaser, ("You"), a limited, non-transferable one-year warranty against defects in materials and workmanship for your eWriter and the following related accessories that were provided with, or purchased separately for use with, your eWriter, (in each case commencing on the date of purchase for the covered item (the “Warranty Period”)), (if applicable):
THE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY REPRESENTATION, WARRANTY OR AFFIRMATION OF FACT MADE BY ANY SALES REPRESENTATIVE OR OTHER AGENT OF QUIRKLOGIC, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, EXPRESS OR IMPLIED, WHICH ARE NOT SPECIFICALLY SET FORTH HEREIN WILL NOT BE BINDING UPON QUIRKLOGIC. QUIRKLOGIC HAS NOT AUTHORIZED ANY OTHER PARTY TO ALTER, MODIFY, EXTEND, ENHANCE OR LIMIT THE WARRANTY AND WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSONS OR ENTITIES.
REPAIR OR REPLACE
Your exclusive remedy and QuirkLogic’s sole obligation during the Warranty Period shall be for QuirkLogic to repair or, at its option, replace the defective item covered by this Warranty that has proven to be defective in materials or workmanship with a comparable part or product that may be new or refurbished (at QuirkLogic’s option), at no cost to You except for the one-way shipping cost of the defective item to a QuirkLogic-authorized service center. Any charges associated with a rush-requested order, such as air express, are your responsibility. Prior to returning any defective items under the Warranty, You must render proof of the original purchase date and must thereafter obtain from QuirkLogic a Return of Merchandise Authorization (“RMA”) number. The RMA number shall be clearly marked on the packaging of the defective item being returned. All defective items that are replaced under the Warranty shall become the property of QuirkLogic.
The Warranty will not apply to and QuirkLogic will not be liable for (i) any item which is not purchased from an authorized QuirkLogic dealer or distributor; (ii) items that have been damaged by accident, abuse, neglect, misuse or causes other than ordinary use (see the related documentation for further detail), including the direct application of any cleaning liquids, substances or abrasives to the hardware or onto any display surface other than in accordance with the cleaning and care instructions included in the related documentation; (iii) items which have been altered, changed, serviced or repaired by anyone other than QuirkLogic-authorized repair personnel; or (iv) any item on which the serial number has been defaced, modified or removed. Warranty service hereunder shall not operate to extend the original Warranty Period. The Warranty excludes damage incurred in shipment to or from QuirkLogic. If an item is received by You in a damaged condition, the carrier and QuirkLogic must be notified immediately. Purchasers located outside the U.S. or Canada should instead contact the carrier and their QuirkLogic dealer or distributor. This Warranty also does not apply to consumable parts that are designed to diminish over time unless the failure has occurred due to a defect in materials or workmanship. QuirkLogic does not guarantee that your use of the eWriter or related accessories will be uninterrupted, timely, secure, or error-free, or that data loss will not occur.
QuirkLogic’s technical support personnel can help You make a Warranty claim. Please contact QuirkLogic at: 1-844-211-9801 (toll-free in Canada/U.S.) or +1-587-349-8320 (all other countries).
EQUIPMENT FAILURE OR DEFECTS AFTER THE WARRANTY PERIOD
If your QuirkLogic eWriter or related accessories malfunction after the Warranty Period expires, there is no warranty of any kind. After the Warranty Period expires, QuirkLogic may charge You a fee for its efforts to diagnose and service any problem.