warranty

S3plus Technologies SA Limited Warranty Statement

S3plus Technologies SA warrants to the original end-user customer that its products are free from defects in material and workmanship on the terms and conditions set forth herein. Subject to the conditions and limitations set forth below, S3plus Technologies SA will, at its option, either repair or replace any part of its products that prove defective by reason of improper workmanship or materials. Repaired parts or replacement products will be provided by S3plus Technologies SA on an exchange basis and will be either new or recertified. All recertified products have been tested to ensure that they are functionally equivalent to new products. If S3plus Technologies SA is unable to repair or replace the product, it will refund or credit the lesser of either the current value of the product at the time the warranty claim is made or the purchase price. Proof of purchase must be provided which shows the original date and place of purchase, as well as the product description and price.

This limited warranty does not cover any damage to the product that results from improper installation, accident, abuse, misuse, natural disaster, insufficient or excessive electrical supply, abnormal mechanical or environmental conditions, or any unauthorised disassembly, repair or modification. This limited warranty shall not apply if: (i) the product was not used in accordance with any accompanying instructions, or (ii) the product was not used for its intended function.

This limited warranty also does not apply to any product on which the original identification information has been altered, obliterated or removed, that has not been handled or packaged correctly, that has been sold as second-hand or that has been resold contrary to US and other applicable export regulations.

This limited warranty covers only repair, replacement, refund or credit for defective S3plus Technologies SA products, as provided above. S3plus Technologies SA is not liable for, and does not cover under warranty, any damages or losses of any kind whatsoever resulting from loss of, damage to or corruption of content or data or any costs associated with determining the source of system problems or removing, servicing or installing S3plus Technologies SA products. This warranty excludes third party software, connected equipment or stored data. S3plus Technologies SA is therefore not liable for any actual or consequential losses or damage attributable to third-party software, connected equipment or stored data. In the event of a claim, S3plus Technologies SA’s sole and maximum obligation shall be to repair or replace the hardware or issue a refund at S3plus Technologies SA’s sole discretion.

Duration of Warranty

All S3Plus Technologies products are covered by the minimum legal guarantee of the seller provided by the Consumer Code of each individual country, possibly extended according to the following rules.

Product Lifetime Warranty (1)

The following S3plus Technologies SA products are covered by a specific lifetime warranty: DRAM memory modules.

Three years warranty

The following S3plus Technologies SA products are covered by a three-year warranty, starting from the date of purchase by the original end user: Solid State Disk (SSD), whether they are dedicated to the consumer, industrial and enterprise markets.

Two years warranty

The following S3plus Technologies SA products are covered by a two-year warranty, starting from the date of purchase by the original end user: USB Flash Drive (UFD) and Flash Cards (MicroSD, SD, Compact Flash).

90 days warranty

This warranty is applied to the following S3plus Technologies SA products for ninety days, starting from the date of purchase by the original end customer: any reconditioned S3plus Technologies SA product.

If the product has been discontinued, S3plus Technologies SA, in its sole discretion, may decide to repair or replace the product with one having similar or superior characteristics. The repaired or replaced products will continue to be covered by this limited warranty, for the remaining warranty period of the original warranty, or for a period of ninety (90) days, whichever is the longest.

This limited warranty is only applicable to the original end customer, within the limits of the terms and conditions indicated in the warranty. This limited warranty is not transferable. The products purchased in the kit provide for the return of the entire kit, so that you can take advantage of the warranty.

(1) The guarantee may be subject to specific definitions according to the countries in which it is to be applied. For Europe and Russia, the lifetime warranty must be understood to refer to a period of ten (10) years, starting from the date of purchase by the original end user.

DISCLAIMERS

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING IS THE COMPLETE WARRANTY FOR S3PLUS TECHNOLOGIES SA (from here on S3+) PRODUCTS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO S3+ PRODUCTS AND S3+ EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY THAT MAY EXIST UNDER NATIONAL, STATE, PROVINCIAL OR LOCAL LAW INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE LIMITED TO THE PERIODS OF TIME SET FORTH ABOVE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

S3+ PRODUCTS ARE NOT AUTHORISED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT EQUIPMENT OR FOR APPLICATIONS IN WHICH THE FAILURE OR MALFUNCTION OF THE PRODUCTS WOULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH IS LIKELY TO OCCUR. S3+ SHALL NOT BE LIABLE FOR THE DEATH OF ANY PERSON OR ANY LOSS, INJURY OR DAMAGE TO PERSONS OR PROPERTY BY USE OF PRODUCTS USED IN APPLICATIONS INCLUDING, BUT NOT LIMITED TO, MILITARY OR MILITARY-RELATED EQUIPMENT, TRAFFIC CONTROL EQUIPMENT, DISASTER PREVENTION SYSTEMS AND MEDICAL OR MEDICAL-RELATED EQUIPMENT.

S3+’s TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. REPAIR, REPLACEMENT OR REFUND ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, S3+ SHALL NOT BE LIABLE TO THE PURCHASER OR END USER CUSTOMER OF A S3+ PRODUCT FOR ANY DAMAGES, EXPENSES, LOST DATA, LOST REVENUES, LOST SAVINGS, LOST PROFITS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE OR INABILITY TO USE THE S3+ PRODUCT, EVEN IF S3+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

WITH REGARDS TO CITIZENS OF COUNTRIES THAT ARE MEMBERS OF THE EUROPEAN UNION, IF THIS PRODUCT IS PURCHASED BY A CONSUMER AND NOT IN THE COURSE OF A BUSINESS, THIS WARRANTY IS IN ADDITION TO YOUR LEGAL RIGHTS IN RELATION TO PRODUCTS WHICH ARE DEFECTIVE. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CONSUMER ADVICE CENTRE. THIS DISCLAIMER DOES NOT PURPORT TO LIMIT OR EXCLUDE S3+’s LIABILITY FOR DEATH OR INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.

This warranty is being provided by:

S3PLUS TECHNOLOGIES SA

Riva Antonio Caccia, 1D

6900 Lugano

Switzerland

Revision: April 2018