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This Agreement applies to any order, purchase, receipt, delivery or use of any
computer hardware product (collectively, "purchase") from TabletKiosk ("TK"), a
wholly owned subsidiary of Sand Dune Ventures, Inc. or any of its affiliates or a TK
authorized reseller ("Reseller").
THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
PLEASE SEE SECTION 3 BELOW.
1. Product Warranty.
TK warrants to the original purchaser or, for products
purchased from a Reseller, to the original end-user that TK-branded products will be
free from defects in materials and workmanship from the date of shipment for one
(1) year from the date of shipment or invoice. During the warranty period, TK will, at
its option: (1) provide replacement parts necessary to repair the product, (2) replace
the product with a comparable product, or (3) refund the amount you paid for the
product, LESS DEPRECIATION, upon its return. You must assist TK in diagnosing
issues with your TK product and follow TK's warranty processes. If TK determines
your product requires service, you may be required to deliver it to a TK service
facility. You are responsible for properly packaging your product, paying all
shipping costs, loss or damage to the product during shipping, and any other taxes,
fees or charges associated with transporting the product to a TK service facility. If
you live in the United States, TK will pay the costs of returning the product to you
from the service facility. If TK determines that you need a replacement part, TK will
ship the part and installation instructions to you. Repair services are available at
your location only if provided as part of the service package you purchased and
only if TK, at its discretion, determines local repair services are necessary.
Replacement parts and products will be new or serviceably used, comparable in
function and performance to the original part, and warranted for the remainder of
the original warranty period or, if longer, 30 days after they are shipped to you.
Purchasing additional products from TK does not extend your warranty period. You
authorize TK to send replacement parts and products to an authorized third party
service provider. If TK asks you to return defective parts or products, you must do so
within 7 days after you receive the replacement parts or products. TK will charge
you for replacement parts or products if you fail to do so. If you live outside the
United States, the details of your warranty service may vary as described below.
THIS LIMITED WARRANTY COVERS NORMAL USE. TABLETKIOSK DOES NOT WARRANT AND IS
NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS,
VIRUSES, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF TABLETKIOSK
BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES
NOT COVER SOFTWARE OR NON-TABLETKIOSK BRANDED PRODUCTS. ANY WARRANTY
APPLICABLE TO SOFTWARE OR NON-TABLETKIOSK BRANDED PRODUCTS IS PROVIDED BY
THE ORIGINAL MANUFACTURER.
2. Disclaimer of Warranties; Limitation of Liability.
EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, TABLETKIOSKK DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED
WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS
AGREEMENT. TABLETKIOSK’S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO
THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS
ALLOWED BY LAW. NEITHER YOU NOR TABLETKIOSK IS LIABLE TO THE OTHER IF YOU OR IT
ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO
CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL
INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA
OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER
CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES
THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER
APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
3. Dispute Resolution.
You and TK agree that any Dispute between You and TK will
be resolved exclusively and finally by arbitration administered by the National
Arbitration Forum (NAF) and conducted under its rules, except as otherwise
provided below. You and TK will agree on another arbitration forum if NAF ceases
operations. The arbitration will be conducted before a single arbitrator, and will be
limited solely to the Dispute between You and TK. The arbitration, or any portion of
it, will not be consolidated with any other arbitration and will not be conducted on
a class-wide or class action basis. The arbitration shall be held at any reasonable
location near your residence by submission of documents, by telephone, online or
in person whichever method of presentation You choose. If You prevail in the
arbitration of any Dispute with TK, TK will reimburse You for any fees you paid to
NAF in connection with the arbitration. Any decision rendered in such arbitration
proceedings will be final and binding on the parties, and judgment may be entered
thereon in any court of competent jurisdiction. Should either party bring a Dispute
in a forum other than NAF, the arbitrator may award the other party its reasonable
costs and expenses, including attorneys' fees, incurred in staying or dismissing such
other proceedings or in otherwise enforcing compliance with this dispute
resolution provision. You understand that, in the absence of this provision, You
would have had a right to litigate disputes through a court, including the right to
litigate claims on a class-wide or class-action basis, and that You have expressly and
knowingly waived those rights and agreed to resolve any Disputes through binding
arbitration in accordance with the provisions of this paragraph. This arbitration
provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
For the purposes of this provision, the term "Dispute" means any dispute,
controversy, or claim arising out of or relating to (i) this Agreement, its
interpretation, or the breach, termination, applicability or validity thereof, (ii) the
related order for, purchase, delivery, receipt or use of any product or service from
TK, or iii) any other dispute arising out of or relating to the relationship between You
and TK; the term "TK" means TabletKiosk, its parents, subsidiaries, a liates,
directors, officers, employees, beneficiaries, agents, assigns, component suppliers
(both hardware and software), and/or any third party who provides products or
services purchased from or distributed by TK; and the term "You" means you, or
those in privity with you, such as family members or beneficiaries. Information may
be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371
or writing to P.O. Box 50191, Minneapolis, MN, 55405. Miami-Dade County, Florida,
shall be the exclusive venue for any arbitration between the parties.
4. General.
You may not assign this Agreement without TK’s written consent. TK
and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If
there is any inconsistency between this Agreement and any other agreement
included with or relating to products or services purchased from TK, this Agreement
shall govern. This Agreement may not be modified, altered or amended without the
written agreement of TK. Any additional or altered terms attached to your order
shall be null and void, unless expressly agreed to in writing by TK. If any term of this
Agreement is illegal or unenforceable, the legality and enforceability of the
remaining provisions shall not be affected or impaired. This Agreement shall be
interpreted under the laws of the State of Florida, without giving effect to conflicts
of law rules.
For All International Customers:
The standard warranty stated above also applies
to TK products shipped to a country outside the United States, provided that
customers outside the United States and Canada are responsible for paying all
freight charges incurred in shipping, importing/exporting and receiving
replacement products and parts and for arranging and paying for the shipment of
any defective part(s) back to the TK. All international customers are responsible for
all customs duties, VAT and other associated taxes and charges.
Contact Us
To contact TabletKiosk with any questions or comments regarding this agreement, please use the following:
TabletKiosk
Customer Service Department
Attn: Warranty Services
2832 Columbia Street
Torrance, CA 90503
info@tabletkiosk.com
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