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Terms and conditions for iboss hardware products purchases and leases
Back to Terms of UseThe following terms and conditions apply to Hardware that Customer purchases or leases in connection with its subscription to a Service.
If Customer elects to purchase Hardware, then iboss agrees, either through itself or, as applicable, through the Reseller in the case of a Reseller Purchase, to sell to Customer the Hardware described in the Quote ("Purchased Hardware") at the price(s) set forth in the Quote and according to the terms and conditions set forth below. Notwithstanding anything to the contrary herein, any Firmware installed on the Purchased Hardware is licensed, and not sold, to Customer.
If Customer elects to lease Hardware, 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 ("Leased Hardware").
Title to the Leased Hardware shall remain with iboss or its suppliers. Customer shall have no right or interest in or to the Leased Hardware except as expressly provided in this Agreement, and Customer shall possess the Leased Hardware subject and subordinate to iboss' rights. Customer will, at its own expense, keep the Leased 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 and all costs, expenses, damages, liabilities, claims, and suits (including attorney's fees) arising out of or in connection with any such liens or encumbrances. Customer shall give iboss immediate written notice of any attachment or process affecting the Leased Hardware or title to it.
Customer shall not remove, alter or destroy in any way any Leased 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 Leased Hardware unless iboss expressly approves in writing. Customer will, at its own expense, keep the Leased Hardware in good repair, appearance and condition, subject to normal wear and tear. Customer will be liable for the costs of repair or replacement, as applicable, for Leased Hardware that is returned damaged due to Customer's breach of these obligations. Customer agrees to maintain adequate insurance, or to self-insure, for the repair and/or replacement costs for any Leased Hardware for which Customer is responsible per this Section 1.b.ii. and Section 5.b., below.
Parts for Leased 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.
Absent specific delivery or shipping instructions, iboss will ship Purchased Hardware and/or Leased 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 Leased Hardware) will transfer to Customer upon delivery to the carrier.
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.
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.
Customer must return the Leased Hardware, at iboss' cost for shipping the Hardware, within ten (10) days following the expiration or termination of the Service. Leased 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 Leased Hardware that is returned after the Return Period, is lost, is stolen, or is returned damaged or in a condition other than normal wear and tear.
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.
iboss warrants that Leased Hardware shall be free from defects in materials and workmanship under normal use during the license term.
If a Hardware defect arises and iboss receives a valid warranty claim within the applicable warranty period for Purchased Hardware or Leased 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 or, as applicable, arrange for the Reseller to 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.
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.
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 (including upgrades and expansions) performed by anyone who is not a representative of iboss or an iboss authorized service provider; (e) defects caused by normal wear and tear or otherwise due to the normal aging of the Hardware; or (f) if any serial number has been removed or defaced from the Hardware. 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.
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 by jurisdiction.
This Limited Warranty shall be governed by the laws of the State Florida without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
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].