(Updated effective as of December 1, 2018)
The following terms and conditions apply to Hardware that iboss customers (each, a “Customer” or “You” or “Your”) purchase or license from iboss in connection with their subscription to a Service. These terms are subject to and incorporated into the iboss Terms of Service Agreement. Capitalized terms used herein but undefined have the meanings given to such terms in the Terms of Service Agreement.
HARDWARE PURCHASES AND LICENSES
a. Purchased Hardware. If Customer elects
to purchase Hardware from iboss, then iboss agrees to sell to Customer, at the
price(s) set forth in the Quote, and per the terms and conditions set forth
below, the Hardware described in the Quote (“Purchased Hardware”). Within
sixty (60) days of the original purchase date of Purchased Hardware, Customer
may elect to upgrade the Hardware model. If Customer elects the upgrade, then iboss
will credit the original Hardware purchase toward to the upgraded Hardware purchase
price, provided that Customer returns the original Purchased Hardware to iboss
in good working condition, without damage (other than ordinary wear and tear),
within thirty (30) days of electing the upgrade.
b. Licensed Hardware. If Customer elects to license Hardware from iboss, then for
the period of time specified in the Quote, iboss agrees to license to Customer, at Customer’s designated location(s), the Hardware
described in the Quote (“Licensed Hardware”).
Title to the Licensed Hardware shall remain with iboss or its
suppliers. Customer shall have no right or interest in or to the Licensed Hardware
except as expressly provided in this Agreement, and Customer
shall possess the Licensed Hardware subject and subordinate to iboss’ rights. Customer will, at its own expense, keep the Licensed Hardware free and clear from any liens or encumbrances of any kind (except any caused by
iboss) and will indemnify and hold iboss harmless from and against any loss or expense caused by Customer’s failure to do so.
Customer shall give iboss immediate
written notice of any attachment or process affecting the Licensed Hardware or title to it.
Customer shall not remove, alter or destroy in any way any Licensed Hardware,
or any label on it, without iboss’
prior written consent.
Customer may not affix or install any accessory, addition, upgrade, equipment or
device on to the Licensed Hardware unless
iboss expressly approves in
writing. Customer will, at its own expense, keep the Licensed Hardware in good
repair, appearance and condition, subject to normal wear and tear. Customer will be liable for
the costs of repair or replacement of Licensed Hardware if damaged or lost due to theft, negligence, intentional acts, unauthorized acts or other causes within the reasonable control of Customer, its agents or employees.
Customer agrees to maintain adequate insurance, or to self-insure, for the
repair and/or replacement costs for any Licensed Hardware for which Customer is
responsible per this Section 1.b.ii. and Section 5.b., below.
HARDWARE PARTS. Parts for Licensed Hardware or Purchased Hardware may be
new or refurbished. Spare parts also may be new or refurbished. System capacity,
per the Hardware specifications, may vary based on Customer configuration
options or internet usage conditions.
SHIPMENT/DELIVERY. Absent specific delivery or shipping instructions, iboss
will ship Purchased Hardware and/or Licensed Hardware, as applicable, to
Customers via a method that iboss deems appropriate. Customer agrees to pay all
transportation charges and costs associated with the shipment of Hardware,
including any special or export packaging requested or required under the
circumstances, as iboss determines. Title (in the case of Purchased Hardware)
and risk of loss (in the case of both Purchased Hardware and Licensed Hardware)
shall pass to Customer at the time the Purchased Hardware or Licensed Hardware,
as applicable, is picked up at the delivery location.
INSTALLATION SUPPORT. iboss will provide telephone and email support (858.568.7051; ) to assist Customer’s installation of the
Hardware. Additionally, iboss will provide warranty support for the Hardware
as specified in Section 6, below.
RETURNS AND EXCHANGES
a. Purchased Hardware. Except
for Purchased Hardware that You return (a) per the Upgrade election described
above in Section 1, or (b) pursuant to a warranty claim per Section 6, below,
iboss does not accept Purchased Hardware returns. From time to time, iboss may,
in its reasonable discretion, exchange Purchased Hardware or portions of Purchased
Hardware for a Customer. Any exchanges will be made in iboss’ discretion and at
iboss’ cost for packaging and shipping the exchanged Hardware.
b. Licensed Hardware. Customer
must return the Licensed Hardware, at iboss’ cost for shipping
the Hardware, within ten (10) days following the expiration or termination of
the Service. Licensed Hardware returned more than thirty (30) days following
the Service expiration or termination date (the “Return Period”) will not be
accepted. Customer shall be liable to, and agrees to pay iboss for the cost of
replacing or fixing Licensed Hardware lost or returned damaged, as determined
in iboss’ sole discretion, or returned after the expiration of the Return
a. Warranty Periods.
Purchased Hardware: iboss warrants to the original purchaser only that Purchased Hardware shall
be free from defects in materials and workmanship under normal use for a period
of one (1) year from the original purchaser’s date of purchase.
Licensed Hardware: iboss warrants that Licensed Hardware shall be free
from defects in materials and workmanship under normal use during the license
If a Hardware defect arises and iboss
receives a valid warranty claim within the applicable warranty period for
Purchased Hardware or Licensed Hardware, as applicable, then iboss will, at its
option and to the extent permitted by law, either (1) repair the Hardware at no
charge, using new or refurbished replacement parts, or (2) exchange the Hardware
with new or refurbished Hardware.
Any replacement Hardware product will
be warrantied for the greater of (a) the remainder of the original warranty
period, or (b) thirty (30) days, as well as any additional period of time that
may be required under the applicable law of the jurisdiction in which the
Hardware is purchased or licensed.
If iboss, in its sole discretion,
determines it is not practical to replace the defective Hardware, then iboss will
refund to Customer the purchase or license price, as applicable, that Customer
paid for the Hardware. To the extent permitted by law, these are Customer’s
sole and exclusive remedies regarding defective Hardware. This limited warranty
is valid only in jurisdictions where iboss, either itself or through an
authorized reseller, a distributor, a partner, or an agent, sells or licenses
Hardware, and is subject to the applicable warranty laws of such jurisdictions.
c. Obtaining Warranty Service: To obtain warranty service, Customer must obtain a
Return Merchandise Authorization (RMA) from iboss’ customer service team by
contacting support at 858.568.7051 or and deliver the Hardware, in either its original
packaging or packaging providing an equal degree of protection, together with
proof of purchase or license, to the address specified by iboss. Except where
prohibited by applicable law, Customer agrees to pay the cost of shipping the Hardware
to iboss. With regard to returns of Purchased Hardware, Customer agrees that
upon iboss’ receipt of the Purchased Hardware from Customer, the ownership of
the Purchased Hardware transfers to iboss. If iboss determines that the claim
is eligible for warranty coverage, then iboss shall bear the cost of shipping
the repaired or replacement Hardware to Customer. Any Purchased Hardware
returned to iboss without a valid warranty claim or without an RMA may be
rejected or returned at sender’s cost (subject to prepayment), or kept for 30
days for sender’s pick-up and then disposed of in iboss’ sole discretion.
If iboss sends Customer replacement Hardware prior to iboss’ receipt of Customer’s defective Hardware, Customer must return the defective Hardware within thirty (30) days of Customer’s receipt of the replacement Hardware. Any defective Hardware not returned to iboss within that thirty (30) day-period will be billed to Customer in the full amount of iboss’ then current sale price for the Hardware.
It is Customer’s responsibility to back up any data, software, or other materials Customer may have stored or preserved on the Hardware. It is likely that such data, software, or other materials will be lost or reformatted during service, and iboss will not be responsible for any such damage or loss.
d. Exclusions and Limitations: This limited warranty applies only to the Hardware
manufactured by or for iboss that can be identified by the “iboss”,
“FireSphere”, “MobileEther”, or other iboss-related trademarks, trade names, or
logos affixed to it. This warranty does not apply to any (a) iboss products and
services other than the Hardware, (b) consumables (such as batteries), (c)
accessories, or (d) software, even if packaged or sold with the Hardware or
embedded in the Hardware.
iboss does not warrant that the operations of the Hardware will be uninterrupted or error-free. iboss is not responsible for damages arising from failure to follow instructions relating to the Hardware’s use.
This warranty does not apply to Hardware or part of Hardware that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of iboss. Additionally, this warranty does not apply to: (a) damage caused by use with non-iboss products; (b) damage caused by accident, abuse, misuse, spillage of food or liquid or other external causes; (c) damage caused by operating the Hardware outside the permitted or intended uses described by iboss or with improper voltage or power supply; or (d) damage caused by service performed by anyone who is not a representative of iboss. Recovery and reinstallation of software programs and user data are not covered under this warranty. This warranty is void if Hardware is returned with removed, damaged or tampered labels or any alterations (including the unauthorized removal of any component or external cover).
No iboss reseller, distributor, partner, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term of this warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
e. Implied Warranties and Conditions: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW,
ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WARRANTIES AND CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION
TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow
limitations on the duration of an implied warranty or condition, thus the foregoing
limitation may not apply to Customer. This warranty gives Customer specific
legal rights, and Customer may also have other rights that vary from state to
Governing Law: This Limited Warranty shall be governed by the laws
of the Commonwealth of Massachusetts, USA, without giving effect to any
conflict of laws principles that may provide the application of the law of
g. National Statutory Rights: Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods. These rights are not affected by the warranties in this warranty. If You have any questions, please contact iboss at .