Punch Technology Three-Year Warranty

CONSUMER LAW

 

The Punch Technology Three-Year Limited Warranty is a voluntary manufacturer’s warranty. It provides rights separate to rights provided by consumer law, including but not limited to those relating to non-conforming goods. As such, the Punch Technology Three-Year warranty benefits are in addition to, and not instead of, rights provided by consumer law. If a product is defective consumers may, in addition to any other rights which they may have under consumer law in the UK avail themselves of the rights contained in the Sale of Goods Act 1979. Consumers have the right to choose whether to claim service under the Punch Technology Three-Year Warranty or under their consumer law rights.

 

Important: The Punch Technology Three-Year Limited Warranty terms and conditions shall not apply to consumer law claims.

 

WHAT IS COVERED BY THIS WARRANTY?

 

Punch Technology Ltd of 1 Pacific Road, Birkenhead, Wirral, United Kingdom (or its successor in title) (“Punch”) warrants the Punch-branded hardware product and Punch-branded accessories contained in the original packaging (“Punch Product”) against defects in materials and workmanship when used in accordance with Punch’s user manuals, technical specifications and other Punch Product published guidelines for a period of THREE (3) YEARS from the date of original retail purchase by the end-user purchaser (“Warranty Period”). You will be able to receive the remedies available under the Three-Year Warranty for your Punch product via our UK service centre (please refer to the section “How to obtain warranty services”). In the event of any defect in materials and workmanship, you will be able to direct your claims to Punch Technology even in situations where you purchased the Punch Product from a third party.

 

Please note: All claims made under the Punch Technology Three-Year Limited Warranty will be governed by the terms set out in this warranty document.

 

WHAT IS NOT COVERED BY THIS WARRANTY?

 

This warranty does not apply to any non-Punch branded hardware products or any software, even if packaged or sold with Punch hardware. Non-Punch branded products may have the benefit of a manufacturer’s warranty, which provides benefits in addition to consumer law rights – please check your product box and literature for details. Please refer to the licensing agreement accompanying the software for details of your rights with respect to the use of software. When contacting Punch via telephone, call charges may apply depending on your location. Please contact your network operator for details.

 

This warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Punch Product’s specifications; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Punch Product outside the technical specifications or other Punch Product published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Punch; (g) to defects caused by normal wear and tear or otherwise due to the normal aging of the Punch Product; (h) if any serial number has been removed or defaced from the Punch Product; or (i) if Punch receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate password-enabled or other security measures designed to prevent unauthorized access to the Punch Product, and you cannot prove in any way that you are the authorized user of the product (e.g. by presenting proof of purchase).

 

YOUR RESPONSIBILITIES

 

PUNCH TECHNOLOGY PRODUCTS ARE CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON YOUR PUNCH PRODUCT’S STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.

 

Before submitting your Punch Product for warranty service you should make a separate backup copy of the contents of its storage media, remove all personal information and disable all security passwords. The contents of your Punch Product’s storage media may be erased, replaced and / or reformatted in the course of service.

 

Following warranty service, your Punch Product or a replacement product will be returned to you as your Punch Product was configured when originally sold, subject to applicable updates. Punch may install system software updates as part of warranty service that will prevent the Punch Product from reverting to an earlier version of the system software. Third party applications installed on the Punch Product may not be compatible or work with the Punch Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this warranty.

 

WHAT WILL PUNCH DO IN THE EVENT OF A WARRANTY CLAIM?

 

If during the warranty period you submit a claim, Punch will, at its option:

 

(i) repair the Punch Product using new or previously used parts that are equivalent to new in performance and reliability, or

 

(ii) replace the Punch Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability.

 

When a product or part is replaced, any replacement item becomes your property and the replaced item becomes Punch’s property.

 

A replacement part or product or a repaired Punch Product assumes the remaining warranty of the original Punch Product.

 

HOW TO OBTAIN WARRANTY SERVICE?

 

Before receiving warranty service, Punch or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Punch’s procedures for obtaining warranty service, such as following instructions for packing and shipping Punch Products when receiving Return to Base service as described below.

 

WARRANTY SERVICE OPTIONS

 

(i) Collect and Return service within the first 30 days after purchase. Punch will send a courier to collect the item; if required packaging material can be supplied, so that you may return your Punch product. Once service is complete, we will return the Punch Product to you. Punch will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Punch Product are followed.

 

(ii) Return to Base service 30 days after purchase to 3-years after purchase. Punch will send you instructions on how to properly pack and address your Punch product, so that you may return your Punch product. Once service is complete, we will return the Punch Product to you. Punch will pay for shipping to, but NOT from your location.

 

(iii) Do-it-yourself (“DIY”) service. Under DIY service Punch will provide you with a replacement product or easily replaceable parts or accessories of a product, such as a mouse or keyboard, which can be replaced without using any tools. Note: Punch is not responsible for any costs you incur relating to DIY service. Should you require further assistance with the replacement, contact Punch at the telephone number listed below. If Punch elects to provide service through DIY service, the following process will apply:

 

(a) Service where Punch requires return of the replaced product, part or accessory: Punch may require a credit card authorisation as security for the retail price of the replacement product, part or accessory and applicable shipping costs. Punch will ship a replacement product, part or accessory to you with instructions for replacement and if applicable any requirements for the return of the replaced product or part. If you follow the instructions, Punch will cancel the credit card authorisation, so you will not be charged for the product or part and shipping to and from your location. If you fail to return the replaced product, part or accessory as instructed or return a replaced product, part or accessory that is ineligible for service, Punch will charge your credit card for the authorised amount. If you are unable to provide credit card authorisation, the service may not be available to you and Punch will offer alternative arrangements for service.

 

(b) Service where Punch does not require return of the replaced product, part or accessory: Punch will ship you free of charge a replacement product, part or accessory accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product, part or accessory.

 

LIMITATION OF LIABILITY

 

  1. A) Entire agreement:

 

Other than the consumer law rights to which you are entitled as set out at the beginning of this document, all warranties, conditions and other terms not set out in this warranty document are excluded from the Punch Technology Three-Year Limited Warranty. As a result, Punch does not make any other promises, conditions or warranties about the service other than set out in this warranty document.

 

  1. B) Disclaimer in relation to data:

 

Punch does not warrant, represent or undertake that it will be able to repair or replace any Punch Product under this warranty without risk to and / or loss of information and / or data stored on the Punch Product.

 

  1. C) Limitation of liability:

 

Punch is not responsible for damage which is not Punch’s fault or any loss of data. Punch is not responsible for loss of benefits or profits. These exclusions shall not apply to (i) death or personal injury, (ii) fraud or gross negligence; or (iii) fraudulent misrepresentation; or (iv) any other liability that can not be limited or excluded as a matter of law.

 

GENERAL

 

If any term is held to be illegal or unenforceable by force of law, it will be excluded from the warranty and the legality or enforceability of the remaining terms shall not be affected.

 

Where the product was purchased in the UK, this warranty is governed by and construed under the laws of England and each party hereby submits to the non-exclusive jurisdiction of the English courts.