Phynart Three (3) Years Limited Warranty.
For Phynart Branded Products Only.
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, PHYNART 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. PHYNART 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, PHYNART LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT PHYNART'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?
Phynart warrants the Phynart-branded Sirius, Nova, Elara, Halo, Nebula, Titan or Helix hardware product contained in the
original packaging ("Phynart Product") against defects in materials and workmanship when used normally in accordance
with Phynart's published guidelines for a period of THREE (3) YEARS from the date of original retail purchase by the
end-user purchaser ("Warranty Period"). Phynart’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 Phynart’s Three-Years 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-Phynart branded hardware products or any software, even if packaged or sold
with Phynart hardware. Manufacturers, suppliers, or publishers, other than Phynart, may provide their own warranties to
you – please contact them for further information.
Phynart does not warrant that the operation of the Phynart Product will be uninterrupted or error-free. Phynart is not responsible for damage arising from failure to follow instructions relating to the Phynart Product’s use.
This Warranty does not apply:
- To cosmetic damage, including but not limited to scratches, dents and broken plastic on products unless failure has occurred due to a defect in materials or workmanship;
- To damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause;
- To damage caused by operating the Phynart Product outside Phynart’s published guidelines;
- To damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Phynart or an Phynart’s Authorized Service Provider (“PASP”);
- To an Phynart Product that has been modified to alter functionality or capability without the written permission of Phynart;
- To damage caused by normal wear and tear or otherwise due to the normal aging of the Phynart Product;
- To damage caused due to the products not installed by Phynart ;
- If any serial number has been removed or defaced from the Phynart Product.
Before receiving warranty service, Phynart or its agents may require that you furnish proof of purchase details, respond to
questions designed to assist with diagnosing potential issues and follow Phynart's procedures for obtaining warranty
Following warranty service your Phynart replacement product will be returned to you as your Phynart Product was configured when originally purchased, subject to applicable updates. Phynart may install system software updates as part of warranty service that will prevent the Phynart Product from reverting to an earlier version of the system software.
WHAT WILL PHYNART DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Phynart or an PASP in accordance with this warranty, Phynart will :
- Replace the Phynart Product with a replacement product of the same model that is new.
- Exchange the Phynart Product for a refund of your purchase price excluding Government payables.
Phynart 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 Phynart, assumes the remaining warranty of the Phynart’s 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 Phynart's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the Phynart Product is still not functioning properly after making use of these resources, please contact an Phynart representative or, if applicable, an Phynart owned retail store ("Phynart Retail") or PASP, using the information provided below. An Phynart representative or PASP will help determine whether your Phynart Product requires reconfiguring the device or replacing the device installed at your location and, if it does, will inform you how Phynart will provide it. Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTION
Phynart will provide warranty service through the following option:
Replacement of Product: After the support services of Phynart has raised a ticket number for the service team to make a visit at the location where the device is installed. PLEASE NOTE THAT ANY DEVICE THAT WILL BE TAMPERED OR SEAL BROKEN WILL NOT BE COVERED UNDER THIS WARRANTY. ANY DEVICE TAMPERED OR BROKEN SEAL WILL NOT BE REPLACED, DUE TO THE DEVICE NOT BEING COVERED UNDER THIS WARRANTY.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW,
PHYNART 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 PHYNART PRODUCT OR ANY
FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE PHYNART 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. PHYNART DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPLACE THE PHYNART PRODUCT WITHOUT RISK.
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 Phynart reseller, agent, vendor, customer, 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 India. Phynart or its successor in
title is the warrantor under this warranty.
This policy shall be governed by laws of India and state of Maharashtra only. Subject to jurisdiction of Pune courts only.
The maximum liability on the part of Phynart shall be to the extent of the amount paid for the particular product purchased by the purchaser. Phynart disclaims all other liablities of any nature whatsoever.