iSender Device Limited Warranty
The warranty obligations of Technical Comms Ltd. (“Technical Comms”) for this product are limited to the terms set forth below:
1. What is Covered
This limited warranty covers defects in materials and workmanship in this product.
2. What is Not Covered
2.1. This limited warranty does not cover:
2.1.1. any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the courier), lightning, power surges, or other acts of nature;
2.1.2. any damage, deterioration or malfunction resulting from the installation or removal of this product from any installation, any unauthorised tampering with this product, any repairs or maintenance attempted by anyone unauthorised by Technical Comms to make such repairs or maintenance, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product.
2.1.3. packaging, equipment enclosures, cables or accessories used in conjunction with this product; and,
2.1.4. the cost of replacing the device internal battery and clearing the device memory, which is work that must be undertaken periodically for continuation of device functionality, including the accuracy of the device database. When you purchased the device or we negotiated a maintenance agreement with you (as the case may be), we may have offered you an annual service plan to cover the costs of this exclusion. If we did not or you did not accept our offer, then sub-clause 2.2.3 below will apply.
2.2. In regard to exclusion 2.1.4 above:
2.2.1. Internal battery replacement and memory clearance must be undertaken approximately every twenty-four (24) months, but this does depend on usage levels and other factors, and some devices will require battery replacement and memory clearance much sooner;
2.2.2. you must notify us in advance that you are sending a device to us and seek our consent to do so (which shall be at our absolute discretion) and an authorisation number, which must be quoted on your packaging. We may in the alternative refer you to an authorised service provider, if this is considered appropriate;
2.2.3. (if you do not already have an annual service plan with us as per sub-clause 2.1.4 above), our fee for undertaking the maintenance work will be notified to you before you send the device to us and we shall at all times reserve the right not to agree to undertake the work;
2.2.4. you send the device to us at your own risk and cost and we will charge you for the cost of returning the device to you (including packaging, transit costs and insurance) once the servicing is completed.
2.3. You are asked to note that notwithstanding the exclusion, the necessary maintenance mentioned in clause 2.1.4 above must be undertaken by Technical Comms or one of its approved providers only, and at the required intervals. Any failure on your part to comply will void the Limited Warranty.
2.4. Without limiting any other exclusion herein, Technical Comms does not warrant that the product covered hereby, including, without limitation, the technology and/or integrated circuit(s) included in the product, will not become obsolete or that such items are or will remain compatible with any other product or technology with which the product may be used.
3. How Long this Coverage Lasts
This limited warranty lasts for one (1) year from the date of original purchase of this product.
4. Who is Covered
Only the original purchaser of this product is covered under this limited warranty. This limited warranty is not transferable to subsequent purchasers, owners or users of this product.
5. Limited Warranty
5.1. What Technical Comms will do
Technical Comms will, at its sole option, provide one of the following two remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:
5.1.1. Elect to repair or facilitate the repair of any defective parts within a reasonable period of time, free of any charge for the necessary parts and labour, and to complete the repair and restore this product to its proper operating condition. Technical Comms will also pay the shipping costs necessary to return this product once the repair is complete.
5.1.2. Replace this product with a direct replacement or with a similar product deemed by Technical Comms to perform substantially the same function as the original product.
5.2. What Technical Comms will not do Under This Limited Warranty
If this product is returned to Technical Comms or the authorised dealer from which it was purchased or any other party authorised to repair Technical Comms products, this product must be insured during shipment, with the insurance and shipping charges prepaid by you. In any event, you assume all risks of loss or damage during shipment.
Technical Comms will not be responsible for any costs related to the removal or re-installation of this product from or into any installation. Technical Comms will not be responsible for any costs related to any re-setting up of this product, any adjustment of user accounts, or any re-programming required for a specific re installation of this product.
5.3. How to Obtain a Remedy under this Limited Warranty
To obtain a remedy under this limited warranty, you must contact either the authorised Technical Comms reseller from whom you purchased this product or the Technical Comms office nearest you. For a list of authorised Technical Comms resellers and/or Technical Comms authorised service providers, please visit our web site at www.teqcomms.com or www.bluebroadcaster.com or contact the Technical Comms office nearest you.
In order to pursue any remedy under this limited warranty, you must possess an original, dated receipt as proof of purchase from an authorised Technical Comms reseller. If this product is returned under this limited warranty, a return authorisation number, obtained from Technical Comms, will be required. You may also be directed to an authorised reseller or a person authorised by Technical Comms to repair the product.
If it is decided that this product should be returned directly to Technical Comms, this product should be properly packed, preferably in the original packaging, and properly insured for shipping. Packaging not bearing a return authorisation number will be refused.
6. Limitation on Liability
THE MAXIMUM LIABILITY OF TECHNICAL COMMS UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHNICAL COMMS IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.
Some countries, districts or states do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to you.
7. Exclusive Remedy
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHNICAL COMMS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IF TECHNICAL COMMS CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPLICABLE LAW.
IF ANY PRODUCT TO WHICH THIS LIMITED WARRANTY APPLIES IS A “CONSUMER PRODUCT” UNDER THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C.A. 2301, ET SEQ.) OR OTHER APPLICABLE LAW, THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES SHALL NOT APPLY TO YOU, AND ALL IMPLIED WARRANTIES ON THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE, SHALL APPLY AS PROVIDED UNDER APPLICABLE LAW.
8. Other Conditions
8.1. This limited warranty gives you specific legal rights, and you may have other rights which vary from country to country or state to state.
8.2. This limited warranty is void if
8.2.1. the label bearing the serial number of this product has been removed or defaced;
8.2.2. the product is not distributed by Technical Comms;
8.2.3. this product is not purchased from an authorised Technical Comms reseller; or,
8.2.4. we are unable to carry out any required maintenance when requested.
8.3. If you are unsure whether a reseller is an authorised Technical Comms reseller, please visit our web site at www.Technical Comms.com or www.bluebroadcaster.com, or contact a Technical Comms office using the address details for your region at the end of this document.
8.4. Your rights under this limited warranty are not diminished if you do not complete and return the product registration form or complete and submit the online product registration form.
Technical Comms thanks you for purchasing a Technical Comms product. We hope it will give you years of satisfaction.
Technical Comms Offices:
UK & Rest of World
Technical Comms Ltd
110 High Street,
Newton Le Willows,
Technical Comms Inc
2711 Centerville Road Suite 400,