Hardware Products Purchases and Licenses Terms

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iboss Hardware Products Purchases and Licenses
Terms and Conditions

(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.

1. 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”).

i. 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.

ii. 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.

2. 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.

3. 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.

4. INSTALLATION SUPPORT. iboss will provide telephone and email support (858.568.7051; [email protected]) to assist Customer’s installation of the Hardware. Additionally, iboss will provide warranty support for the Hardware as specified in Section 6, below.

5. 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 Period.

6. WARRANTY

a. Warranty Periods.

i. 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.

ii. Licensed Hardware: iboss warrants that Licensed Hardware shall be free from defects in materials and workmanship under normal use during the license term.

b. Remedies:

i. 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.

ii. 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.

iii. 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 [email protected], 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 state.

f. 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 another jurisdiction.

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 [email protected].