Warranty

SILVER warrants that its Product(s) and related accessories will be free from defects in materials and workmanship under normal use and service for a period of one year from the date of invoice. If any Product proves to be defective within such one-year warranty period, the customer must contact SILVER immediately and inform SILVER of the problem. SILVER will provide the customer with different options and necessary steps to obtain service.

 WARRANTY COVERAGE

SILVER’s warranty obligations are limited to the terms set forth below:

SILVER warrants this SILVER-branded hardware product against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option, SILVER or a Certified SILVER Service Partner, hereinafter referred to collectively as “SILVER,” will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, or (2) exchange the product with a product that is new or has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product (only within thirty [30] days of the original purchase date). SILVER may request that you replace defective parts with new or refurbished user-installable parts that SILVER provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed following instructions provided by SILVER, assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property, and the replaced item becomes SILVER’s property. Parts provided by SILVER in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to SILVER and becomes SILVER’s property. SILVER, at its sole discretion, will repair, replace, or adjust the defective Product, provided that SILVER’s investigation and factory inspection disclose that (a) such a defect developed under normal and proper use and (b) the Product is covered under this warranty. Repair, replacement, or adjustment of defective Products shall be SILVER’s sole obligation and the customer’s sole remedy hereunder. The customer is liable and shall pay for shipment of the Products to SILVER after sixty (60) days from the original purchase date. SILVER shall not be obligated to perform periodic maintenance, installation, de-installation, or relocation.

 EXCLUSIONS AND LIMITATIONS

This Limited Warranty applies only to hardware products manufactured by or for SILVER that can be identified by the “SILVER” trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-SILVER hardware products or any software, even if packaged or sold with SILVER hardware. Manufacturers, suppliers, or publishers, other than SILVER, may provide their own warranties to the end-user purchaser, but SILVER, insofar as permitted by law, provides its products “as is.” Software distributed by SILVER with or without the SILVER brand name is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use. SILVER does not warrant that the operation of the product will be uninterrupted or error-free. SILVER is not responsible for damage arising from failure to follow instructions relating to the product’s use. This warranty does not apply: (a) to damage caused by use with non-SILVER products; (b) defects or damage to the product resulting from wear, lack of periodic maintenance, transportation, tear, mishandling, accidental or intentional physical damage, misuse, abuse, negligence, problems with electrical power, improper storage, impact, water or other liquids, insect/rodent infestation, sand, fire, flood, earthquake, vandalism, non-performance of scheduled operator and maintenance items, improper environment, other external causes, cosmetic damage, and problems due to improper and/or non-SILVER authorized installation or repairs, battery leakage, or use of non-approved accessories, consumables, or supplies; (c) to damage caused by operating the product outside the permitted or intended uses described by SILVER; (d) to damage caused by tampered with, altered, changed, modified, disassembled, serviced, or repaired (including upgrades and expansions) performed by anyone who is not a representative of SILVER or a Certified SILVER Service Partner; (e) to a product or part that has been modified to significantly alter functionality or capability without the written permission of SILVER; (f) to consumable parts, such as lamps, batteries, rubber wheels, etc., unless damage has occurred due to a defect in materials or workmanship; (g) if any SILVER serial number has been removed or defaced; or (h) products for which SILVER has not received payment.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, SILVER SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.

IF SILVER CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY SILVER IN ITS SOLE DISCRETION. NO SILVER PARTNER, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, SILVER 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 OR DAMAGE TO 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 OR USED WITH SILVER PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. SILVER 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.

CONSUMER PROTECTION LAWS

For 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. Some countries, states, and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions 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.

GOVERNING LAW

This Limited Warranty shall be governed by the laws of the State of Florida, U.S.A., and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.

OBTAINING WARRANTY SERVICE

Please access and review the online help resources referred to in the documentation accompanying this hardware product before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact the SILVER representatives or, if applicable, a Certified SILVER Service Partner. An SILVER representative or Certified SILVER Service Partner will help determine whether your product requires service and, if it does, will inform you how SILVER will provide it. SILVER or its Certified SILVER Service Partner will provide warranty service on products that are tendered or presented for service during the Warranty Period, as permitted by law.

If the product is portable, meaning that it can operate independently without a power cord, you may obtain warranty service worldwide. However, service will be limited to the options available in the country where service is requested. If the product is not portable, warranty service may be restricted to the country where the product is purchased. Service options, parts availability, and response times will vary according to the country.

Not all countries have Certified SILVER Service Partners, and not all Certified SILVER Service Partners outside the country of purchase have all parts or replacement units for all products. If the product cannot be repaired or replaced in the country it is in, it may need to be sent to a different country or returned to the country of purchase at your expense for repair or replacement. Additionally, you may be responsible for return shipping and handling charges if the product cannot be serviced in the country it is in. In accordance with applicable law, SILVER may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service. If your product is capable of storing data or software programs, you should make periodic backup copies of the data and programs contained on the product’s hard drive or other storage media to protect your data and as a precaution against possible operational failures.

Before you deliver your product for warranty service, it is your responsibility to keep a separate backup copy of the system software, application software, and data, and disable any security passwords. You will be responsible for reinstalling all such software, data, and passwords. SILVER and its Authorized Service Providers are not liable for any damage to or loss of any programs, data, or other information stored on any media, or any non-SILVER product or part not covered by this warranty. Recovery and reinstallation of system and application software and user data are not covered under this Limited Warranty.

In order to obtain warranty service, when you contact SILVER or a Certified SILVER Service Partner, you will be asked to furnish:

• Your name, address, telephone number
• Proof of the original purchase containing a description of the product(s) purchase date, and the appropriate SILVER serial number(s)
• The local warranty card issued by SILVER after registration (only in countries where SILVER requires warranty registration).

When obtaining warranty service, you must comply with all relevant laws and regulations of the country where service is being obtained.