Limited Hardware Warranty Policy

Limited Hardware Warranty Policy

Last update: January 28, 2021

This limited hardware warranty policy (“Limited Warranty Policy”) is provided by Foto Master Ltd and where applicable, FOTOMASTER, LLC (hereinafter: “Foto Master”).

What is covered under the limited warranty?

Foto Master warrants its hardware products against manufacturing defects in material and workmanship during the Warranty Period (as defined below), under normal and customary use (“Defects”).

This Limited Warranty Policy shall be in effect for twenty four (24) months from the date of product’s delivery to the purchaser (“Warranty Period”).

The first shipment of the product from Foto Master to the purchaser is fully insured by Foto Master against all damages. All further shipments of the product, whether from the purchaser to Foto Master or from Foto Master to the purchaser (e.g., in the event that the purchaser ships the product to Foto Master for repair or replacement purposes, or when Foto Master ships back the product to the purchaser after repairing) shall be at the purchaser’s sole expenses, on the basis of “back to base” warranty, and he must assume the risk of the shipping or buy insurance coverage.

What is not covered under the warranty?

This Warranty Policy does not cover:

1. All claims for missing components, missing peripherals or Defects on arrival that are raised by the purchaser on the earlier of (i) more than seven days after he receives the product; or (ii) more than three days after he completes the initial online operational session with the Foto Master’s support team.
2. Products that are not fully paid, or products that Foto Master believes that are stolen or not original;
3. Products that were transferred, leased, sold or assigned by the purchaser to any other party.
4. Software of any kind and nature, whether pre-installed, linked or attached separately to the product.
5. Cables, power supplies, power adaptors, fuse, flash bulbs, keyboards, screws and any other components of the product which are consumables.
6. Defects that are resulting, directly or indirectly, from:
   • Repair or other service operations not pre approved by Foto Master;
   • Any modifications or alterations in or to the product not made or authorized by Foto Master;
   • Using the product not in accordance with the Foto Master’s guidelines or instructions;
   • Incorrect voltage or a power surge which exceeds the purchaser country’s voltage requirements;
   • Abnormal physical or electrical stress, environmental conditions, misuse (e.g., causing, by an act or omission, a fracture or crack to the product or to any of its components), negligence, accident or external causes of any kind;
   • Normal wear and tear;
   • Force majeure event;

What Foto Master will do in the event of a warranty claim?

Upon contacting Foto Master, the purchaser may be required to engage in an online inspection session to help Foto Mater to assess the scope and nature of the Defects.

In the event that Foto Master assesses that the Defects should be fixed by the purchaser, Foto Master may ship replacement parts to the purchaser and provide him with instructions. If Foto Master assesses that the Defects cannot be fixed by the purchaser, then Foto Master, in its sole discretion, may ask the purchaser to ship back the product to Foto Master for further examination.

Upon receiving the defective product, Foto Master, in its sole discretion, will repair or replace it, using new or refurbished replacement parts. In the event that Foto Master reveals no Defects, the product will be shipped back to the purchaser without any further actions. For the avoidance of doubt, Foto Master will own all parts removed or replaced.

The purchaser may be required to provide Foto Master with documentation or details related to the purchase of the product, for verification purposes.

Liabilities

UNDER NO CIRCUMSTANCES WILL FOTO MASTER, ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OR LOSSES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INCONVENIENCE, DELAY, LOSS OF PROFITS, MONEY, REVENUE OR TIME, WASTED EXPENDITURE, OR CLAIMS FOR INTERRUPTION IN USE OF THE PRODUCT OR THE SOFTWARE OR AVAILABILITY OR BACKING UP OF DATA.

FOTO MASTER’S SOLE RESPONSIBILITY FOR ANY DEFECTS IN THE PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT SOLELY, AS SET FORTH IN THIS WARRANTY POLICY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL PAYMENTS FOR THE PRODUCT ARE NON REFUNDABLE FOR WHATSOEVER REASON.

TO THE EXTENT SUCH WARRANTY STATEMENTS CANNOT BE DISCLAIMED UNDER THE APPLICABLE LAW, FOTO MASTER’S ENTIRE LIABILITY AND PURCHASER’S SOLE REMEDY FOR ALL CLAIMS RELATED TO OR ARISING OUT OF THIS WARRANTY POLICY FOR ANY CAUSE AND FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, STATUTORY OR OTHERWISE, INCLUDING NEGLIGENCE AND STRICT LIABILITY, WILL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE PRODUCT. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF PURCHASER HAS ADVISED FOTO MASTER OR ITS AFFILIATES OF THE POSSIBILITY OF
ANY SUCH DAMAGES.

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS WARRANTY STATEMENT, FOTO MASTER DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION, PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT.

Contact Details

For any questions, please contact our support staff at support@fotomaster.com.