VoCoVo Link - limited warranty N America

VOCOVO INC.

Limited Warranty Agreement

Applicable Countries:

United States of America, Canada, Mexico and Puerto Rico

VoCoVo Inc., trading as VoCoVo, (“VoCoVo”) provides a warranty on all VoCoVo Link products.

The VoCoVo Link Warranty shall apply to all VoCoVo Link products purchased in any of the Applicable Countries from an authorised Strongbyte distributor or value added re-seller (‘VAR’) and shall be for the benefit of VoCoVo Link end-users (“Customers”).

The VoCoVo Link Warranty is subject to the terms and conditions of this Warranty Agreement but the statutory rights of consumers are unaffected.

2.1 VoCoVo warrants to Customer that VoCoVo Link products will be free of defects in materials and workmanship and will comply with VoCoVo’s published specifications during the Warranty period (the “VoCoVo Link Warranty”).

2.2 The VoCoVo Link Warranty shall apply in respect of all VoCoVo Link product purchased brand-new and unused by Customers in any of the Applicable Countries and shall be valid for the period of 2 years from the date of purchase (the “VoCoVo Link Warranty Period”).

2.3 The VoCoVo Link Warranty Period can be extended by 12 months to 3 years from the date of purchase by registering on the VoCoVo Link App which is available for both iOS and Android mobile devices.

2.4 Proof of purchase in the form of a sales invoice or receipt or other documentation showing the date of purchase shall be required to validate any warranty claim.

2.5 VoCoVo’s obligations under the VoCoVo Link Warranty shall cease upon expiration of the VoCoVo Link Warranty Period.

3.1 In the event of a defect in materials and/or workmanship or a non-compliance with VoCoVo's published specifications during the Warranty period, VoCoVo shall, at its sole discretion, either replace the defective VoCoVo Link product, provide a functionally equivalent alternative product, or repair the VoCoVo Link product which repair may include new, refurbished, or used parts which are in compliance with VoCoVo Link’s technical specifications. When a VoCoVo Link product or part is replaced, the VoCoVo Link product or part that has been replaced shall become VoCoVo’s property.

3.2 During the VoCoVo Link Warranty Period in respect of software preloaded on the VoCoVo Link product (“Firmware”) VoCoVo will provide updates, patches, bug-fixes or replacement where necessary and if practicable, which will be provided over the internet and shall require the Customer to connect the VoCoVo Link product to the Internet using a local networking infrastructure. VoCoVo is under no obligation to provide Firmware updates to VoCoVo Link products that are not connected to the Internet. This is the full extent of VoCoVo’s obligations in relation to VoCoVo Link Firmware.

The VoCoVo Link Warranty shall not apply in any of the following circumstances:

4.1 To VoCoVo Link products purchased from an unauthorised distributor or reseller;

4.2 To the following consumable components and parts unless they are found to be defective prior to installation and use (“Defective on Arrival”/“DOA”):
a) VoCoVo Link Headset battery;
b) Ear cushions;
c) Headbands and Headband sub-components.

4.2.1 Installation, operation, use or maintenance of the VoCoVo Link product not in full compliance with the instructions issued by Strongbyte from time to time;

4.2.2 Operation of the VoCoVo Link product in combination with hardware, software, or equipment not supplied or certified by Strongbyte for use;

4.2.3 Abuse, misuse, negligent acts, or omissions of Customer and/or persons under Customer’s control in respect of the product;

4.2.4 Damage caused by improper storage, transport or any other external or environmental factor such as impact, fire or water contact;

4.2.5 Damage resulting from lightning, overvoltage or incorrect mains voltage, power surge or outage;

4.2.6 Cosmetic or aesthetic damage including but not limited to scratches, colour or surface defects, or any damage which does not affect the operation or functionality of the product;

4.2.7 The product’s Master Serial Number, MAC address or serial number having been altered, defaced or removed;

4.2.8 Unauthorised modification, accessorisation or alteration of the product other than by Strongbyte or a Strongbyte certified agent.

4.2.9 Fair wear and tear;
4.2.10 Any defect or failure resulting from any act of God or force majeure, such as flood, fire, earthquake, pandemic; war, invasion, hostilities, terrorism, riot or other civil unrest; any government order, law, or action; embargoes or blockades, industrial action; power outages or shortages, breakdown of communications or transportation services and other similar events beyond the reasonable control of Strongbyte.

5.1 Claims for Warranty services should be submitted to the authorised distributor or VAR that supplied the defective VoCoVo Link product.

5.2 In the event that the VoCoVo Link product is DOA, the defective product must be returned to the distributor or VAR within 14 days of the purchase date with shipping, insurance and other transportation charges pre-paid.

5.3 When claiming Warranty services, the following must be provided to the authorised distributor or VAR:

5.4 The defective VoCoVo Link product, including all components and parts, suitably packaged to prevent damage in transit, preferably in the original packaging;

5.4.1 Customer’s contact details: name, business name, address, email address and telephone number;

5.4.2 A description of the issue;

5.5 VoCoVo Link products repaired or replaced under the VoCoVo Link Warranty will be returned with shipping charges pre-paid.

Out of Warranty services are available from the distributor or VAR that supplied the VoCoVo Link product but may be chargeable.

VoCoVo Inc. is not liable for any incidental, special, punitive, exemplary, statutory, indirect or consequential damages, loss of profits or revenue, loss or corruption of data, substitute goods or performance. The total aggregate liability of VoCoVo for all claims arising out of or in connection with the supply of VoCoVo Link product will not exceed the price paid by the Customer for the defective VoCoVo Link product. This limitation of liability and the cap on total aggregate liability in this section 6 will apply to any damages, however caused, and on any theory of liability, whether for breach of contract or tort (including, but not limited to, negligence) or otherwise. Except that this limitation on liability shall not apply in respect of any loss or damage which cannot be limited or excluded under applicable law or death or bodily injury resulting from VoCoVo’s acts or omissions or any loss or damage suffered as a result of VoCoVo’s gross negligence, wilful misconduct or fraud.

Except as set out in this document, neither VoCoVo nor its licensors or suppliers makes any representations or warranties with regard to VoCoVo Link. In particular, VoCoVo does not warrant uninterrupted or error free operation of its products and VoCoVo disclaims to the fullest extent permitted by applicable law all warranties expressed or implied by applicable law, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of third party intellectual property rights. The remedies expressly provided in this Warranty Agreement are Customer's sole and exclusive remedies in respect of a breach of the warranty set out herein.

The VoCoVo Link Warranty is governed by the laws of the State of Illinois, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois. The VoCoVo Link Warranty supersedes all prior warranties provided in respect of the VoCoVo Link products. If any provision of the VoCoVo Link Warranty is determined to be unenforceable or invalid by court decision, the Warranty will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. VoCoVo is not responsible for any warranty, support or maintenance commitments made by its distributors, VARs or other service providers. VoCoVo reserves the right to amend or change the VoCoVo Link Warranty at its sole discretion at any time and without notice.

The VoCoVo Link Warranty does not limit restrict or impede in any way the rights of consumers whether conferred by statute or common law.