Astro HQ LLC (“Astropad”) warrants to the original purchaser only that your Darkboard you purchased (the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery to the original purchaser (the “Warranty Period”).
If a hardware defect arises and a valid claim is received by Astropad within the Warranty Period, Astropad will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts, or (2) exchange the Product with a new or refurbished Product. If Astropad, in its sole discretion, determines it is not reasonable to replace the defective Product, Astropad may refund to you the purchase price paid for the Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Astropad itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service, you must obtain a Return Merchandise Authorization (RMA) from our customer experience team (email email@example.com) and deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Astropad. You agree to pay the cost of shipping the Product to Astropad. By sending the Product, you agree to transfer ownership to Astropad. If the claim is justified based on this limited warranty. Any Product returned to Astropad without a valid warranty claim or without a RMA document may be rejected, returned at sender’s cost (subject to prepayment) or kept for thirty (30) days for sender’s pick-up and then disposed of in Astropad’s sole discretion. In accordance with applicable law, Astropad may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Astropad will not be responsible for any such damage or loss.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to the original purchaser of Product that was purchased from our website and manufactured by or for Astropad that can be identified by an authorized “Darkboard” trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Limited Warranty does not apply to any (a) Astropad products and services other than the Product, (b) non-Astropad hardware product, including without limitation any knock off or counterfeit version of a Product, (c) Product that is, or Astropad reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Astropad or if the Product is inserted or installed in a casing not provided by Astropad. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Astropad products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Astropad or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Astropad. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. This warranty is void if a Product is returned with removed, damaged or tampered labels or any alterations (including the unauthorized removal of any component or external cover).
No Astropad reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited 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.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
LIMITATION OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ASTRO HQ SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF ASTRO HQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty shall be governed by the laws of the State of Minnesota, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
NATIONAL STATUTORY RIGHTS
Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty. If you have any questions, please contact Astropad at https://help.astropad.com/contact