HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, PROVIDENCE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. PROVIDENCE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, PROVIDENCE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT PROVIDENCE’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Providence warrants the Aye-branded hardware product and Aye-branded accessories contained in the original packaging (“Providence Product”) against defects in materials and workmanship when used normally in accordance with Providence’s published guidelines for a period of 6 months from the date of original retail purchase by the end-user purchaser (“Warranty Period”). Providence’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
Please note: All claims made under the Providence 6 months Limited Warranty will be governed by the terms set out in this warranty document.
WHAT IS NOT COVERED BY THIS WARRANTY?
This warranty does not apply to any non-Providence branded hardware products or any software, even if packaged or sold with Providence hardware. Manufacturers, suppliers, or publishers, other than Providence, may provide their own warranties to you – please contact them for further information. Software distributed by Providence with or without the Providence brand (including, but not limited to system software) is not covered by this warranty. Providence does not warrant that the operation of the Providence Product will be uninterrupted or error-free. Providence is not responsible for damage arising from failure to follow instructions relating to the Providence Product’s use.
This Warranty does not apply:
- to consumable parts, such as batteries or protective coatings that are designed to diminish over time;
- to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship;
- to damage caused by use with a third party component or product that does not meet the Providence Product’s specifications (Providence Product specifications are available at www.aye.life under the technical specifications for each product and also available in stores);
- to damage caused by accident, abuse, misuse, fire, earthquake or other external cause;
- to damage caused by operating the Providence Product outside Providence’s published guidelines;
- to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Providence;
- to an Providence Product that has been modified to alter functionality or capability without the written permission of Providence;
- to defects caused by normal wear and tear or otherwise due to the normal ageing of the Providence Product,
- if any serial number has been removed or defaced from the Providence Product, or
- if Providence receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Providence Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
Providence may restrict warranty service for hardware products to the country where Providence or its Authorized Distributors originally sold the device.
Before receiving warranty service, Providence or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Providence’s procedures for obtaining warranty service. Before submitting your Providence Product for warranty service, remove all personal information that you want to protect and disable all security passwords.
DURING WARRANTY SERVICE THE CONTENTS OF THE PRODUCT WILL BE DELETED AND REFORMATTED. PROVIDENCE AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE PROVIDENCE PRODUCT SERVICED.
Following warranty service your Providence Product or a replacement product will be returned to you as your Providence Product was configured when originally purchased, subject to applicable updates. Providence may install system software updates as part of warranty service that will prevent the Providence Product from reverting to an earlier version of the system software. Third party applications installed on the Providence Product may not be compatible or work with the Providence Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this warranty.
Important: Do not attempt to open the Providence Product or remove any protective caps attached to the Providence Product. Opening the Providence Product or removing protective caps may cause damage that is not covered by this Warranty. Only Providence should perform service on this Providence Product.
WHAT WILL PROVIDENCE DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Providence or in accordance with this warranty, Providence will, at its option:
(i) repair the Providence Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the Providence Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the Providence Product for a refund of your purchase price.
Providence may request that you replace certain user-installable parts or products. A replacement part or product, including a user-installable part that has been installed in accordance with instructions provided by Providence, assumes the remaining warranty of the Providence Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Providence’s property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the Providence Product is still not functioning properly after making use of these resources, please contact an Providence representative using the information provided below. An Providence representative will help determine whether your Providence Product requires service and, if it does, will inform you how Providence will provide it. When contacting Providence via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDENCE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO 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, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE PROVIDENCE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE PROVIDENCE PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. PROVIDENCE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PROVIDENCE PRODUCT UNDER THIS WARRANTY OR REPLACE THE PROVIDENCE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE PROVIDENCE PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Providence 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. This warranty is governed by and construed under the laws of the country in which the Providence Product purchase took place.