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Xencelabs Product Warranty

Xencelabs Technologies Ltd. (“Xencelabs”) represents and warrants to the original Purchaser (“Purchaser” or “you”) that Xencelabs devices (“Products”) are free from material defects, including improper or inferior workmanship, materials, and design, during the designated warranty period, and subject to the following terms and conditions, when used normally and in accordance with all operating instructions:

01. Warranty coverage under this warranty is limited to the following periods from the date of purchase:

  • 24 months for pen tablets

  • 24 months for pens and accessories excluding consumables (e.g. nibs)

02. This limited warranty only applies to produces manufactured by or for Xencelabs, and that can be identified by the “Xencelabs” trademark, trade name, or lo-go affixed co them. The limited warranty does: not apply to any non-Xencelabs products or software.

03. The limited warranty extends only to Purchasers who bought the Product through Xencelabs official resellers or from the Xencelabs online store. The warranty is not transferable to any subsequent purchaser/customer.

04. On request, Purchaser must provide proof of the date of the original purchase, from an official reseller or Xencelabs online store, by a dated bill or sale or dated receipt that itemizes the Xencelabs product purchased.

05. This limited warranty is only valid in the region in which it was purchased as evidenced by the bill of sale or itemized receipt.

06. During the limited warranty period, Xencelabs will repair or replace, at Xencelabs’s sole option, any parts of the Product that are defective or malfunctioning during normal usage. Xencelabs reserves the right to use new or refurbished replacement parts in repair of the Product.

07. This limited warranty covers only the costs of parts and labor. Purchaser is responsible for transportation costs to the service location and/or any loss during transportation. Return shipping will be paid by Xencelabs.

08. Xencelabs must be notified by the Purchaser or the alleged defect or malfunction of the Product during the applicable warranty period.

09. This limited warranty does NOT cover damage resulting from:

  • Abuse, accident, misuse, improper storage, improper connection, incorrect voltage, exposure to liquid or moisture, spillage of food or liquid.

  • External causes such as from a collision, fire, flooding, sand, dirt. windstorm, lightning, or earthquake

  • Unauthorized modification or repair

  • Computer or internet viruses, bugs, worms, Trojan Horses, cancel-bots

  • Normal wear and tear of the Product

  • Usage of Product other than in its normal and customary manner

  • Other acts which are not the fault of Xencelabs

Cosmetic damage, including but not limited to dents or scratches in decorative, or nonoperative parts as a result of normal usage is not covered.

Software and consumables such as nibs or batteries are excluded from this limited warranty unless damage has occurred due to a defect in Xencelabs materials and workmanship.

10. Xencelabs does not warrant that the operation of this Product will be uninterrupted or error-free.

11. This limited warranty will also be null and void if the serial number or warranty seal on the Product has been altered, defaced or removed.

12. If the Product is returned to Xencelabs after the expiration of the warranty period, Xencelabs’s normal service charges and policies shall apply.

13. Xencelabs assumes no obligation or liability beyond that which is expressly provided for in this limited warranty.

14. All warranty information, pricing, product features and specifications are subject to change.

15. This limited warranty provides Purchasers sole and exclusive remedy to be provided by Xencelabs. Agents, employees, distributors. and resellers of Xencelabs Products are not authorized to make modifications to this limited warranty or make additional warranties binding on Xencelabs.

LIMITATION OF LIABILITY

16. Xencelabs’s limitation of liability under this limited warranty shall be the actual cash value of the Product at the time Purchaser returns the Product for repair, as determined by the price paid by the Purchaser for the Product less areasonable amount of usage or wear and tear.

Xencelabs shall not be liable for any direct, consequential or incidental damages (including but not limited to, loss of anticipated benefits or profits, business, loss of savings or revenue, loss of data, loss of use of the Product or any associated equipment, cost of any substitute product, downtime, cost or recovering, programing, or reproducing any program or data, any failure to maintain the confidentiality of data stored on the Product, the claims of any third parties, including subsequent purchasers, and damage to property, resulting from the use or inability to use the Product, even if Xencelabs had been advised of the possibility such damage).

Xencelabs shall not be liable for delays in providing service under the limited warranty or loss of use during the period that the Product is being repaired. Some regions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

LIMITATION OF WARRANTY DURATION

17. To the extent permitted by law, Xencelabs limits the duration of all implied warranties to the applicable product warranty period stated above, including but not limited to the implied warranty of merchantability or fitness of a particular purpose and warranties against hidden or latent defects. Some regions do not allow llm1tatlons on how long an Implied warranty lases, so the above limitation may not apply to you.

18. ln the event that any of the above limitations are held to be unenforceable, Xencelabs liability for any damages shall not exceed the purchase price you paid.

19. This warranty gives you specific legal rights, and you may also have other rights which vary from region to region.


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