a. Smartron India disclaims any representation to the greatest extent permissible by law that it will provide the Customer with the replaced Device complete within a certain number of days as may be requested by the Customer. Smartron India representatives may provide estimates of the time required for Warranty Service, but the actual time required depends on the Customer’s geographic location, nature of the defect, availability of required spare parts or devices at the Smartron India Service Centre and other such extraneous factors beyond Smartron India’s control.
b. Smartron India disclaims all warranty services and all out of warranty services to Device(s) purchased from unauthorised dealers or on warranty claims or service requests made from any country other than the original country of purchase. Smartron India, further, reserves the right to refuse to replace any Device(s) if it is relocated from the place of its original shipping address.
c. Smartron India may upgrade the system software as part of normal Warranty Service, due to which data or applications present on the Device, might be erased and some applications that were previously compatible with the Device may cease to be compatible. Smartron India will not be held liable for any damages, direct or consequential, for such upgrades.
d. This Warranty Policy is subject to change, from time to time, at the sole discretion of Smartron India and the changes in the latest modiﬁed version of the same will be updated on Smartron India’s website and will be binding on the Parties.
e. In order to receive the beneﬁts of the Warranty, Customer shall provide the Authorised Service Centre access to the defective Device for veriﬁcation. Under no circumstances will Smartron India be held liable for Device malfunction.
f. Smartron India will not be held liable for providing updates including but not limited to software updates or for releasing new software, or ﬁrmware, or OS updates. Such updates will be provided only at Smartron India’s discretion and Smartron India is not bound under this Warranty Policy and to the greatest extent permissible by law to be liable for providing or not providing the said updates.
2. LIMITATION OF LIABILITY
a. In no event shall Smartron India be liable under this warranty for loss of proﬁt, loss of anticipated proﬁt or savings, loss of data, loss of use of the Device or any associated equipment, or indirect, incidental or consequential losses or damages of any nature whatsoever to the fullest extent that those losses or damages can be disclaimed by law.
b. To the maximum extent permitted by law, and except as expressly set forth in the Warranty contained herein, Smartron India makes no warranty or representation and there are no conditions, express or implied, statutory or otherwise, of any kind whatsoever with respect to the Device, including but not limited to the merchantability of the Device or its ﬁtness for any particular purpose or use, design, condition, quality, or performance of the Device, or workmanship of the Device or the components contained therein. No reseller, agent, or employee of Smartron India is authorized to make any modiﬁcation, extension, or addition to this Warranty. Nothing contained in the associated documents on the website or otherwise shall be construed to create an express warranty of any kind whatsoever with respect to the Device. Smartron India shall not be liable for the breach of the express warranty, including incidental, special, consequential or similar damages, or loss of anticipated proﬁts or beneﬁts, or for damages arising from any tort (including negligence and contributory negligence) or fault committed by Smartron India, its agents or employees, or for any breach of contract or for any claim brought against the Customer by any other party, to the greatest extent permissible under law. As for those warranties that cannot be disclaimed, Smartron India limits the term of such warranty periods and remedies of such warranties to the term and duration as mentioned in the Warranty Policy for the repair or replacement services at Smartron India’s option as described in the terms of this Warranty Policy.
c. This Warranty Policy does not affect your statutory rights as a consumer in any way. The Warranty is in addition to, and does not exclude or modify in any way the non excludable statutory rights you may have under the laws of your Territory. Some jurisdictions disallow the limitation of damages or exclusions of implied or deemed warranties, so the above limitation or exclusions may not apply to you to the extent permissible under the law.
d. Smartron India will remove all applications and data on the Device once the same reaches the service centers of Smartron India. Smartron India disclaims any representation that it will be able to repair any Device under this Warranty or make a Device exchange without risk to or loss of programs or data. SMARTRON INDIA WILL NOT BE HELD LIABLE FOR ANY LOSS OF DATA. The Customer is advised to taking backups of any data stored on the Device before sending the Device to Smartron India or to the Authorised Service Centre. It is further understood that Customer shall at all times keep a back up of all the necessary/conﬁdential/ sensitive data even while the Device is in use. In case the Device malfunctions and the data cannot be retrieved, then Smartron India shall not be held responsible for such loss or any further consequential loss that may arise out of it. There shall be no responsibility assumed for third party accessories or storage media that might be sent to the service centre by the Customer.
a. If any portion of this limited warranty is held illegal or unenforceable by reason of any law, such partial illegality or unenforceability shall not affect the enforceability for the remainder of this limited warranty which you acknowledge is and will always be construed to be limited by its terms or as limited as the law permits.
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