Solana Mobile Warranty
SOLANA MOBILE ONE (1) YEAR LIMITED WARRANTY
FOR SAGA BRANDED PRODUCTS
PLEASE READ THIS LIMITED WARRANTY (“LIMITED WARRANTY”) CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH YOUR SOLANA MOBILE PRODUCT.
THIS LIMITED 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, SOLANA MOBILE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
What is covered by this Limited Warranty?
Solana Mobile Inc. (“Solana Mobile”) warrants to the original purchaser (“you”) of your new Saga-branded hardware products and Saga-branded accessories contained in their original packaging (each a “Saga Product”) that the Saga Product will be free from defects in materials and workmanship under ordinary consumer use and when used in accordance with Solana Mobile’s user manuals, technical specifications and other Saga Product published guidelines for a period of ONE (1) YEAR from the date of original retail purchase (“Warranty Period”). We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What are your remedies under this Limited Warranty?
If a defect covered by this Limited Warranty (a “Product Defect”) arises and you return your Saga Product as directed by Solana Mobile during the Warranty Period, Solana Mobile will elect at its option (i) to repair your Saga Product at no charge using either new or refurbished parts, (ii) to replace your Saga Product with a new or refurbished Saga Product functionally at least equivalent to yours, or (iii) refund to you all of the purchase price of the Saga Product. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the Saga Product. All returned Products and parts for which you have received a replacement will become the property of Solana Mobile. Nothing in this Limited Warranty will reduce or otherwise affect your statutory rights in relation to your Saga Product. In the event of a Product Defect, to the extent permitted by law, these are your sole and exclusive remedies. This Limited Warranty applies, to the extent permitted by law, to any repair, replacement part or replacement device for the remainder of the original warranty period or for ninety days, whichever period is longer. All replaced parts and Devices for which a refund is given shall become our property.
Limited Warranty Exclusions and Limitations: What is not covered under this Limited Warranty?
This Limited Warranty does not apply to any non-Saga branded hardware products or any software, even if packaged or sold with Saga Products. Manufacturers, suppliers, or publishers, other than Solana Mobile, may provide their own warranties to you – please contact them for further information. Software distributed by Solana Mobile with or without the Saga brand is not covered by this Limited Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Solana Mobile does not warrant that the operation of the Saga Product will be uninterrupted or error-free. Solana Mobile is not responsible for damage arising from failure to follow instructions relating to the Saga Product’s use.
This Limited Warranty also does not apply to, and Solana Mobile shall have no responsibility or obligations with respect to any: (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 unless failure has occurred due to a defect in materials or workmanship; or (c) software, even if packaged or sold with the Saga Product or embedded in the Saga Product (e.g., firmware and/or system software). This Limited Warranty does not apply to any defects or parts requiring replacement or any damage to the Saga Product caused by any of the following:
Damage caused by use with a third party component or product that does not meet the Solana Mobile’s Product specifications (Saga Product specifications are available at store.solanamobile.com under the technical specifications for each Saga Product);
accident, abuse, misuse, neglect, fire, earthquake or other external cause such as spillage of food or liquid, or power surges;
operating the Saga Product outside the user manual, the technical specifications or other Saga Product published guidelines;
damage caused by service (including upgrades and expansions) performed by anyone who is not an authorized representative of Solana Mobile.
This Limited Warranty also does not apply to a Saga Product that has been modified to alter functionality or capability without the written permission of Solana Mobile; (i) if any serial number has been removed or defaced from the Saga Product.
If Solana Mobile receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Saga Product, and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase), the Saga Product is not covered by this Limited Warranty. To the extent permitted by local law, Solana Mobile may provide hardware identifier information from the Saga Product to such authorities or registries for security and fraud prevention purposes.
How do you obtain warranty service?
To obtain warranty service, visit www.solanamobile.com/warranty-service. Provide the information requested and follow the instructions on www.solanamobile.com/warranty-service to determine if your Saga Product requires warranty service and, if so, mail-in your Saga Product for warranty service. You will be responsible for products or parts that are lost or damaged as a result of failure to follow any instructions.
BEFORE YOU DELIVER YOUR SAGA PRODUCT FOR WARRANTY SERVICE, IT IS YOUR RESPONSIBILITY TO REMOVE ANY REMOVABLE STORAGE MEDIA AND BACK UP ANY DATA, SOFTWARE OR OTHER MATERIALS YOU MAY HAVE STORED OR PRESERVED ON YOUR SAGA PRODUCT. DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA MAY BE DELETED AND/OR REFORMATTED. NEITHER SOLANA MOBILE NOR ITS AUTHORIZED AGENTS ARE RESPONSIBLE FOR ANY LOSS, RECOVERY OR COMPROMISE OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA, SEED VAULT OR ANY OTHER PART OF THE SAGA PRODUCT SERVICED.
DISCLAIMER OF IMPLIED WARRANTIES AND CONDITIONS
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, AND WE SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY AND TO THE EXTENT NOT PROHIBITED BY LAW, SOLANA MOBILE 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. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW SOLANA MOBILE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND, AT SOLANA MOBILE’S OPTION, THE REPAIR, REPLACEMENT OR REFUND SERVICES DESCRIBED ABOVE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLANA MOBILE 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 SAGA PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE SAGA PRODUCT.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE SAGA PRODUCT.
IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITAITON MAY NOT APPLY TO YOU.
SOLANA MOBILE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY SAGA PRODUCT UNDER THIS LIMITED WARRANTY OR REPLACE THE SAGA PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE SAGA PRODUCT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Solana Mobile 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. Solana Mobile or its successor in title is the warrantor under this Limited Warranty.