Warranty terms and conditions
This end-user limited warranty ("Warranty") is provided by Xenx Technology Limited (“XENX”) to the original purchaser ("Purchaser") of the XENX product ("Product") accompanied by this Warranty and is not transferable.
What is Covered
XENX warrants the Product against defects in material or workmanship under normal use for the applicable warranty period ("Warranty Period"), 12 months from the date of original purchase by Purchaser. If the Product becomes defective during the Warranty Period, XENX will, at its option and without charge, repair the Product with new or reconditioned components or parts, or replace the Product with a reconditioned product of the same or functionally equivalent model. However, that you are responsible for (i) the cost of transportation of the Product to the designated service location and (ii) any loss or damage to the Product resulting from such transportation.
What This Warranty Does Not Cover
This Warranty does not cover and shall be void for defects or damages resulting from defects caused by the operation of the product outside the usage parameters stated in the User’s Guide; malfunctions caused by misuse or abuse, accidental drops, impact, liquid spills, by improper installation, operation or maintenance, by improper connections or peripherals, by use of unofficial spare parts, by service modifications or repairs performed by a person not authorized by XENX, or by other conditions not arising from defects in product materials or workmanship; this also applies to accessories such as USB cable and pen nib exchange ring; malfunction or failure caused by accidental or intentional damage; defects resulting from normal wear and tear; consumable parts such as pen nibs. Warranty is provided only to You, the original Purchaser. This Warranty does not cover Products used as short-term rental equipment.
Preinstalled or Bundled Software
XENX and its suppliers make no warranty or representation, either express, implied or statutory, with respect to software provided with the Product and licensed to Purchaser, its quality, performance, merchantability, or fitness for a particular purpose. Nor does XENX warrant that the functions contained in the software will be uninterrupted or error free. The software is provided "AS IS", except if expressly warranted by the licensor in the applicable software license agreement, and is subject to the terms and conditions of the software license agreement contained in or accompanying the software. In no event will XENX, its ASPs, dealers, distributors or other resellers be liable for direct, indirect, special, incidental, or consequential damages resulting from any defect in the software or its documentation, even if advised of the possibility of such damages.
Warranty Disclaimer and Limitations
THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL CONDITIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE ON THE PART OF XENX AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SOLUTION PROVIDERS, AND RESELLERS. ALL IMPLIED OR STATUTORY CONDITIONS AND WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED ARE LIMITED AS SET FORTH HEREIN. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, XENX AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SOLUTION PROVIDERS, AND RESELLERS SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE OR DATA, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, REGARDLESS OF WHETHER SUCH ALLEGED DAMAGES ARE BASED ON THE WARRANTY HEREUNDER, TORT, OR CONTRACT (EVEN IN THE NATURE OF BREACH OF FUNDAMENTAL TERM). EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THIS IS THE EXCLUSIVE WRITTEN INTERNATIONAL LIMITED WARRANTY OF THE ORIGINAL PURCHASER. SOME STATES, PROVINCES, OR TERRITORIES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES OR CONDITIONS, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY DOES NOT COVER ANY PRODUCT (A) THAT HAS BEEN THE SUBJECT OF ACCIDENT, MISUSE, NEGLECT, OR ABUSE; (B) THAT HAS BEEN THE SUBJECT OF IMPROPER INSTALLATION, USE OR HANDLING; (C) THAT HAS BEEN REPAIRED, MODIFIED, OR ALTERED BY SOMEONE OTHER THAN XENX OR AN XENX AUTHORIZED SERVICE PROVIDER, OR (D) THAT HAS BEEN EXPOSED TO OPERATING OR ENVIRONMENTAL CONDITIONS IN EXCESS OF XENX’S WRITTEN SPECIFICATIONS OR RECOMMENDATIONS. THIS LIMITED WARRANTY DOES NOT COVER SCRATCHES OR ABRASIONS TO THE PRODUCT, INCLUDING DAMAGE CAUSED BY THE USE OF ANY WRITING TOOL OR OTHER INSTRUMENT NOT SPECIFICALLY DESIGNED FOR USE WITH THE PRODUCT.
State Law Rights
SOME STATES IN THE U.S. OR PROVINCES IN CANADA DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE.