North American Standard Warranty Terms

this document contains important terms and conditions electronic acceptance, opening the device packaging, use of the device, or retention of the device constitutes acceptance of these terms and conditions terso solutions, inc warrants the terso device (defined collectively and individually as the device, accessories and software) against defects in materials and workmanship when used normally in accordance with terso’s guidelines for a period as determined by a separate and specific customer agreement, beginning on the date of shipment to the customer (“warranty period”) this standard limited warranty is conditioned upon proper use of the device this standard limited warranty does not apply (a) to consumable parts, such as plastic drawers and dividers, or protective coatings that may 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 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 terso device’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 terso device outside terso’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of terso; (g) to a terso device that has been modified to alter functionality or capability without the written permission of terso; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the terso device, (i) if any serial number has been removed or defaced from the terso device; or (j) if terso receives information from relevant public authorities that the device has been stolen or if you are unable to deactivate the device or other security measures designed to prevent unauthorized access to the terso device, and you cannot prove in any way that you are the authorized user of the device (e g by presenting proof of purchase), (k) defects or damage resulting from excessive force or use of a metallic object to open secured panels, or any breakage of the device glass door, (l) equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible, (m) ordinary wear and tear important do not remove the terso electronics panel or attempt to access the electronics opening the terso device may cause damage that is not covered by this warranty only terso or an authorized service representative should install or perform service on this terso device if during the warranty period you submit a claim to terso or in accordance with this warranty, terso will, at its option (i) repair the terso device using new or previously used parts that are equivalent to new in performance and reliability, or (ii) replace the terso device with the same model (or with your consent a device that has similar functionality) formed from new and/or previously used parts that have been reconditioned, rebuilt, or new parts but are equivalent to new in performance and reliability all warranty returns must be made using terso’s rma process terso is not responsible for shipping costs to return the device for a warranty claim terso is not responsible for any damage caused by poor packaging of the device being returned and has the right to refuse replacements, repairs, or exchanges if device is damaged due to packaging or during shipment following warranty service your terso device or a replacement device will be returned to you at terso’s cost as your terso device was configured when originally purchased, subject to applicable updates repaired or replaced devices are covered for the remainder of the original warranty replacement or repair of component parts or equipment under this warranty shall not extend the warranty to either the equipment or to the component part(s) beyond the original warranty period this warranty is exclusive and in lieu of all other warranties, whether written, oral, or implied no warranties of merchantability or fitness for a particular purpose shall apply except as provided in this warranty and to the maximum extent permitted by law, terso is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, compromise or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming or reproducing any program or data stored in or used with the terso device or any failure to maintain the confidentiality of information stored on the terso device the foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and negligent acts and/or omissions terso disclaims any representation that it will be able to repair any terso device under this warranty or replace the terso device without risk to or loss of information stored in the terso device if equipment service is required, please call terso’s technical services department at +1 888 376 0257 (north american support)