ProGrade Digital Inc. (“Seller”) warrants to the original end user purchaser (“you”) that, for the warranty period listed below, the Product (excluding any third-party software) will be free of defects in materials and workmanship under normal use. This warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with Product instructions, acts of nature or improper installation or repairs made by anyone other than Seller or a Seller-authorized third party service provider. You may be asked for proof of purchase to obtain a warranty service authorization from Seller, including a Return Materials Authorization, or RMA, number within the applicable warranty period before returning defective products to Seller. All returns are subject to Seller’s standard RMA Terms and Conditions as defined in this document. Returned products must be shipped prepaid and packaged appropriately, and it is recommended that they be insured or sent by a method that provides for tracking of the package. Seller is not responsible for any Product that is lost or damaged in transit. Your exclusive remedy and Seller’s entire liability under this warranty will be for Seller at its option to repair, replace, or refund the Product that is determined by Seller to be defective during the applicable warranty period. A replacement would be for like product at Seller’s discretion. A refund would be the purchase price less any rebates or the fair market value, whichever is lower. Seller does not warrant against loss of any data or images (including data stored on Product returned to Seller for service), and assumes no liability for such loss. ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON INFRINGEMENT, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Seller cannot, and does not, guarantee that your data will not be accessed by unauthorized persons, and Seller disclaims any warranties to that effect to the fullest extent permitted by law. Some jurisdictions do not allow limitations on how long an implied warranty lasts or at all, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary by jurisdiction. This limitation does not affect your statutory rights. All third party software provided through the Seller is provided “AS IS”. You assume the entire risk as to the quality, performance, accuracy and effect of such software, and should it prove defective, you, and not Seller, assume the entire cost of all necessary servicing or repair. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SELLER BE LIABLE FOR ANY LOST IMAGES, DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Australia Purchases: Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. The benefits under our limited warranty are in addition to the other rights and remedies under applicable law in relation to the products. If you believe you have a warranty claim, contact your local authorized dealer from which you purchased the product.
Product Warranty Period ProGrade CFast Cards 3 Years from Purchase ProGrade SDXC Cards 3 Years from Purchase ProGrade microSD Cards 3 Years from Purchase ProGrade CFexpress Cards 3 Years from Purchase ProGrade Readers 2 Years from Purchase