Limited Warranty Vuzix warrants to the end user customer that Vuzix hardware products shall be free from defects in material and workmanship for twelve (12) months from the date of purchase from Vuzix or an authorized Vuzix reseller or distributor. Products used for commercial, non-internal purposes (including rental or leasing, or other arrangements involving use by third parties) are not covered by this Limited Warranty. Except where prohibited by applicable law, this Limited Warranty is non-transferable and limited to the original end user customer, and does not apply to any subsequent purchasers or other recipients of the product. This Limited Warranty provides specific legal rights, and other rights may also arise under local laws, some of which may supersede those contained in thisLimited Warranty in the event of a conflict.
This Limited Warranty does not cover, and no warranty of any kind is provided with respect to any subjective or aesthetic aspects of Vuzix hardware products. Vuzix does not warrant that the products will be free from design defects or that the operation of the product will be uninterrupted or error-free. The limited warranty stated above is the only warranty provided (except to the extent specifically agreed to by Vuzix or paid for by the customer) and is provided in lieu of all other express or implied warranties and conditions (except to the extent otherwise required by law). No information or suggestions (oral or written) given by Vuzix, its employees, representative, agents, affiliates, resellers, distributors or other partners, or their employees or agents, shall create any additional warranties, rights or obligations or otherwise expand the scope of this Limited Warranty.
Any software distributed with the hardware product by Vuzix with or without the Vuzix brand name is not covered under this LimitedWarranty. Refer to the licensing agreement accompanying the software (viewable upon its installation or on the Vuzix website), for details of your rights with respect to its use.
Remedies
Vuzix’s entire liability and exclusive remedy for any claims under this Limited Warranty shall be, at Vuzix’s option, to: (1) repair or replace all or part of the hardware product, (2) exchange the hardware product with a replacement that is new, refurbished or which has been manufactured from new or serviceable used parts and is functionally equivalent or superior to the original product, or (3) refund the price paid for the hardware product, less reasonable depreciation based on actual use, provided that the hardware is returned with a copy of the dated and itemized sales receipt or other purchase documentation satisfactory to Vuzix. Except where prohibited by applicable law, all shipping and handling costs associated with transport (including packaging)for warranty service shall be at the customer’s expense.
Vuzix may, at its option, use new, refurbished or used parts in good working condition to repair or replace any hardware product. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable under local law.
This warranty does not cover any problems or damage resulting from causes unrelated to device defects, including but not limited to: (i) misuse, abuse, negligence, mishandling, misapplication or improper operation, (ii) accidents, Acts of God, power surge or wear and tear, (iii)improper maintenance and any unauthorized repair, modification, tampering or disassembly; (iv) operation outside of normal parameters established by Vuzix or other usage not in accordance with product instructions (including connection to improper voltage supply), technical specifications/ratings or intended use cases and applications; or (v) use of consumables or other third-party products, such as replacement batteries, not supplied or specifically approved by Vuzix in writing, except where such restriction is prohibited by applicable law.
How to Obtain Support
The Vuzix Technical Support team is available to provide assistance with questions relating to use of the Vuzix hardware product and related issues. Contact information for the Technical Support team can be found in the product documentation and on the Vuzix global website: www.vuzix.com.Before submitting a warranty claim, we recommend customers visit the product support page of the Vuzix website and reach out to the Technical Support team for assistance and troubleshooting. If your issue is unable to be resolved through support resources, a warranty claim may be submitted through yourTechnical Support team contact, by emailing technical_support@vuzix.com or by writing to Vuzix Corporation, Attention: Product Support, 25 Hendrix Road, WestHenrietta, NY, 14586, USA. Vuzix is the warrantor under this Limited Warranty, and warranty claims cannot be processed through resellers, distributors or other points of purchase. When returning hardware products for repair or replacement, customers must first obtain a Return Material Authorization (RMA) number, which Vuzix will provide with instructions for the return shipment.
Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW: (I) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE SPECIFICALLY DISCLAIMED AND EXCLUDED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (II) THE REMEDIES SET FORTH HEREIN ARE THE SOLE AND EXCLUSIVE REMEDY AND CONSTITUTE VUZIX’S ENTIRE LIABILITY AND OBLIGATION FOR ANY BREACH OR CLAIMS UNDER THIS LIMITED WARRANTY;AND (III) IN NO EVENT SHALL VUZIX BE LIABLE TO CUSTOMER OR ANY RELATED THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE OR PROFIT,OR LOSS OF DATA OR DIMINUTION IN VALUE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE THEORY,REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER VUZIX HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent any implied or statutory warranties or remedies arise under applicable law, the duration shall be the warranty period provided hereunder and the scope shall be the minimum required under such law and otherwise limited to the maximum extent permissible. Some jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions/limitations of consequential, indirect, incidental, special, exemplary or punitive damages, so the above limitations may not apply, but the remainder of this Limited Warranty shall remain in full force and effect.Please note that in the European Union, warranty periods less than two (2)years may be increased to two years except in the case of use for commercial purposes or commercial products.