LAST DATE UPDATED: March 20, 2018
THIS LIMITED WARRANTY (“Limited Warranty”) applies to new and refurbished BetaJet hardware devices (collectively the “Products”) sold by BetaJet LLC, headquartered at 585 Barber St Athens Georgia 30601(“BetaJet“) or a current authorized reseller of Products (collectively “Authorized Party” or “Authorized Parties”).
NOTE: This Limited Warranty does not apply to any experimental products sold by BetaJet or an Authorized Party through BetaJet Labs (all such products collectively referred to herein as the “BetaJet Labs Experimental Product”). All BetaJet Experimental Products do not have a warranty of any kind from BetaJet or its Authorized Parties in any region.
(A) LIMITED WARRANTY.
BetaJet represents and warrants to the first end-user (“End-User”) of Products that the Products shall materially conform to BetaJet’s published specifications in the user manual, subject to the terms and conditions of this Limited Warranty. Consumable parts not covered are: BetaJet resins, mixing nozzles and molds. “Consumables” are defined herein as disposable items, parts or components of the Product which are inherently subject to deterioration and wear out during the normal operation of the Product.
(B) FOR A WARRANTY CLAIM TO BE VALID.
(i) notification must be made before the end of the applicable Warranty Period, as such Warranty Periods are defined below; (ii) must accompany End-User logs and/or any other documentation if requested by BetaJet; and (iii) must be substantiated with original proof of purchase from an Authorized Party, including the serial number of the Product(s).
(C) WARRANTY PERIOD.
The “Warranty Period” is set forth as follows:
(i) North America: This Limited Warranty applies to Products sold in North America for the following Warranty Periods:
(a) Products twelve (12) months from the date a new or refurbished Product is first delivered to the End-User after being purchased.
(ii) EMEA: This Limited Warranty (may be referred to as “Guarantee” for relevant purposes in EMEA) applies to Products sold in EMEA for a Warranty Period of twelve (12) months from the date a new or refurbished Product is first delivered to the End-User after being purchased, the Warranty Period begins on the initial delivery date.
(D) CLAIM HANDLING.
Claims made pursuant to this Limited Warranty shall be administered as follows:
(i) the remedy shall be repair or replacement of the non-conforming hardware Product or non-conforming part(s) of a hardware Product in a commercially reasonable time by BetaJet or its authorized representative as solely determined by BetaJet or its authorized representative in the case of End-Users in North America;
(ii) BetaJet shall bear the cost of repair and/or replacement and the shipping costs incurred therein provided, however, that the return is authorized via an return authorization number and return instructions are followed;
(iii) replacement parts or Products will either be new or refurbished and will be furnished on an exchange basis. If defective parts or Products are not returned, BetaJet shall bill for the unreturned hardware;
(iv) All replaced parts and Products become the property of BetaJet.
The obligations of BetaJet under this Limited Warranty do not cover physical damage sustained from improper handling during shipping as well as normal wear and tear in use of Product. In addition, this Limited Warranty shall be voided if alleged Product failure was caused in whole or part by (i) improperly or incorrectly performed modifications, alterations or repair; (ii) parts or Consumables were installed and used that were not certified or approved by BetaJet or its designated representative, including without limitation the use of resins not from BetaJet; (iii) unusual physical or electrical stress; (iv) abuse, misuse, accident, neglect; (v) exposure to moisture, flooding, fire, electrical problems associated with incoming power or other acts not the fault of BetaJet; (vi) not adhering to BetaJet’s recommended maintenance procedures or failure to comply with Product instructions and/or documentation; (vii) to the extent allowed by applicable law, the Product has been removed from the country or region where it was originally sold by BetaJet or its designated representative. This Limited Warranty will be void if BetaJet is notified of an alleged defect or malfunction prior to the expiration of the applicable Warranty Period. BetaJet shall make the final determination as to the existence and cause of any alleged defect.
(F) HOW TO GET WARRANTY SERVICE.
To make a claim under this Limited Warranty, please contact the Authorized Party** where the Product was purchased, or, contact BetaJet Support (“Support”) via the web form located at BetaJet.com/support.
THIS LIMITED WARRANTY IS THE END-USER’S SOLE AND EXCLUSIVE REMEDY AGAINST BETAJET WHERE PERMITTED BY LAW. EXCEPT FOR THIS LIMITED WARRANTY, BETAJET MAKES NO OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WITH REGARD TO THE PERFORMANCE OF ANY PRODUCT. WITHOUT LIMITATION OF THE FOREGOING, ALL IMPLIED WARRANTIES, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. BETAJET WAIVES ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE OR LOSS OF PROFITS, EVEN IF BETAJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
(H) STATUTORY WARRANTY OR GUARANTEE RIGHTS.
This Limited Warranty does not affect an End-User’s statutory warranty or guarantee rights; it is granted in addition thereto.
*For the avoidance of doubt, this Limited Warranty is void for the BetaJet T1 if resins, mixing nozzles and molds are used having not be sourced from BetaJet.
**BetaJet offers this Limited Warranty on Products purchased through its Authorized Parties. This Limited Warranty does not extend to products purchased from any unauthorized resellers. Amazon is an Authorized Party, but only BetaJet products sold & shipped by Amazon are covered by this Limited Warranty; all other sellers on Amazon are not authorized.