8Devices warrants solely to the original end-user purchaser that hardware purchased directly from 8Devices or our Authorized Distributors will be free from defects in materials and workmanship when used within the limits set in its documentation for a period of twelve (12) months, starting from the time of shipping the Hardware to the customer.
The only product that 8Devices warrants for a period of 24 months is KORLAN USB2CAN.
Additional warranty conditions may apply to companies that work with 8Devices on a project basis.
8devices obligations under this warranty are limited to the repair or replacement, at 8devices’ discretion, of non-conforming PRODUCTS. 8devices obligation under this warranty does not apply to PRODUCTS that:
(i) exhibit failure or non-conformity arising from physical damage;
(ii) have undergone unauthorized modifications, alterations or repairs by companies other than 8devices;
(iii) were subjected to improper installation, use, maintenance or negligence;
(iv) experienced line surges, flooding, lightning strikes or other environmental conditions.
(v) whose hardware has been subjected to abnormal physical or electrical stress, abuse, misuse, negligence, or accidents.
(vi) were not installed, operated or maintained in accordance with normal practices and recommendations published by 8devices
(vii) lack their original 8Devices MAC labels or are missing any other original 8Devices label(s).
PRODUCTS may only be returned after the customer sends a return notice using an 8devices return request form. The customer must prepay all freight and insurance charges to return their PRODUCTS to an official 8devices repair facility. 8devices will deliver replacements for defective and non-conforming PRODUCTS to the customer at no additional charge. Any pre-paid freight, import duties, and customs clearance fees are the customer’s responsibility. PRODUCTS returned under warranty that are found not to be defective may be subject to a service charge.
THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ANY OBLIGATIONS OR LIABILITIES ON THE PART OF 8DEVICES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCTS.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, 8DEVICES MAKES NO OTHER WARRANTIES RELATING TO THE PRODUCTS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE PRODUCTS. ANY AND ALL WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY ARE EXPRESSLY EXCLUDED. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PERFORMANCE OF THE PRODUCTS OTHER THAN AS PROVIDED IN THIS SECTION. DISTRIBUTORS SHALL MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF 8DEVICES.
IN NO EVENT SHALL 8DEVICES BE LIABLE FOR INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE OF DATA OR OTHER COMMERCIAL LOSS WHETHER OR NOT 8DEVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), IN LAW OR EQUITY, STRICT PRODUCT LIABILITY OR OTHERWISE, OR UNDER ANY OTHER THEORY INCLUDING CLAIMS CONCERNING PATENT, COPYRIGHT OR OTHER PROPRIETARY RIGHTS INFRINGEMENT.
