Gibi Hardware Warranty

IMPORTANT: BY USING YOUR GIBI PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE GIBI NINETY (90) DAY LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. IF YOUR GIBI PRODUCT WAS PURCHASED USED FROM THE GIBI ONLINE STORE, THE WARRANTY IS REDUCED TO FIFTEEN (15) DAY LIMITED WARRANTY (“WARRANTY”).  IF YOUR GIBI PRODUCT WAS PURCHASED USED FROM OTHER THAN THE GIBI ONLINE STORE, THE WARRANTY IS VOID.  DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN GIBI’S RETURN POLICY (FOUND AT www.getgibi.com/legal) TO THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND.

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, GIBI 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. GIBI 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, GIBI LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT GIBI’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?

Gibi Technologies Inc. of 2120 Avy Avenue, #7326, Menlo Park, California, U.S.A. 94025 (“Gibi”) warrants the Gibi-branded Gibi hardware product and accessories contained in the original packaging (“Gibi Product”) against defects in materials and workmanship when used normally in accordance with Gibi’s published guidelines for a period of NINETY (90) DAYS from the date of original retail purchase by the end-user purchaser (“Warranty Period”). Gibi’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any non-Gibi branded hardware products or any software, even if packaged or sold with Gibi hardware. Manufacturers, suppliers, or publishers, other than Gibi, may provide their own warranties to you – please contact them for further information. Software distributed by Gibi with or without the Gibi brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Gibi does not warrant that the operation of the Gibi Product will be uninterrupted or error-free. Gibi is not responsible for damage arising from failure to follow instructions relating to the Gibi Product’s use.

This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the Gibi Product outside Gibi’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Gibi or a Gibi Authorized Service Provider (“GASP”); (g) to a Gibi Product that has been modified to alter functionality or capability without the written permission of Gibi; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Gibi Product, or (i) if any serial number has been removed or defaced from the Gibi Product.

YOUR RESPONSIBILITIES

Before receiving warranty service, Gibi or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Gibi’s procedures for obtaining warranty service.

Following warranty service your Gibi Product or a replacement device will be returned to you as your Gibi Product was configured when originally purchased, subject to applicable updates. Gibi may install system software updates as part of warranty service that will prevent the Gibi Product from reverting to an earlier version of the system software.

Important: Do not open the Gibi Product. Opening the Gibi Product may cause damage that is not covered by this Warranty. Only Gibi or a GASP should perform service on this Gibi Product.

WHAT WILL GIBI DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a valid claim to Gibi or a GASP, Gibi will, at its option, (i) repair the Gibi Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Gibi Product with a device that is at least functionally equivalent to the Gibi Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the Gibi Product for a refund of your purchase price.

Gibi may request that you replace Gibi Products. A replacement Gibi Product assumes the remaining term of the Warranty from the date of replacement or repair. When a Gibi Product is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Gibi’s property.

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the online help resources before seeking warranty service. If the Gibi Product is still not functioning properly after making use of these resources, please contact a Gibi representative or, if applicable, a GASP, using the information provided below. A Gibi representative or GASP will help determine whether your Gibi Product requires service and, if it does, will inform you how Gibi will provide it. When contacting Gibi via telephone, other charges may apply depending on your location.

Online information with details on obtaining warranty service is provided below.

WARRANTY SERVICE

Gibi will provide warranty service through mail-in service. If Gibi determines that your Gibi Product is eligible for mail-in service, Gibi will send you prepaid waybills and if applicable, packaging material, so that you may ship your Gibi Product to a Gibi Repair Service (“GRS”) or GASP location in accordance with Gibi’s instructions. Once service is complete, the GRS or GASP location will return the Gibi Product to you. Gibi will pay for shipping to and from your location if all instructions are followed.

(a) Service where Gibi requires return of the replaced Gibi Product. Gibi may require a credit card authorization as security for the retail price of the replacement Gibi Product and applicable shipping costs. If you are unable to provide credit card authorization, Gibi will offer alternative arrangements for service. Gibi will ship a replacement Gibi Product to you and any requirements for the return of the replaced Gibi Product. If you follow the instructions, Gibi will cancel the credit card authorization, so you will not be charged for the Gibi Product and shipping to and from your location. If you fail to return the replaced Gibi Product as instructed or return a replaced Gibi Product that is ineligible for service, Gibi will charge your credit card for the authorized amount.

(b) Service where Gibi does not require return of the replaced Gibi Product. Gibi will ship you free of charge a replacement Gibi Product and any requirements for the disposal of the replaced Gibi Product or part.

Gibi reserves the right to change the method by which Gibi may provide warranty service to you, and your Gibi Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options and response times may vary according to country. You may be responsible for shipping and handling charges if the Gibi Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Gibi may repair or replace Gibi Products with comparable Gibi Product that comply with local standards.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIBI 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, OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE GIBI 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. GIBI DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY GIBI DEVICE UNDER THIS WARRANTY OR REPLACE THE GIBI PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE GIBI 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.

PRIVACY

Gibi will maintain and use customer information in accordance with the Gibi Customer Privacy Policy available at www.getgibi.com/legal/privacypolicy.

GENERAL

No Gibi 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 State of California. Gibi or its successor in title is the warrantor under this Warranty.