Solana Mobile, Inc. - Limited Warranty

  1. This Limited Warranty is provided by Solana Mobile Inc.

This Limited Warranty is provided by Solana Mobile Inc. of 530 Divisadero St. PMB 722, San Francisco, CA 94117, USA. In this Limited Warranty, we refer to Solana Mobile, Inc as “Solana Mobile”, “we”, or “us”.

  1. Details of who is entitled to bring a claim under the Limited Warranty

You can bring a claim under this Limited Warranty if you have purchased a Solana Mobile-manufactured hardware product or accessory directly from Solana Mobile (each a “Product”).

Please note that this Limited Warranty is personal to you. You cannot transfer any of your rights under this Limited Warranty to any other person, including gift recipients.

  1. Details of what the Limited Warranty covers

This Limited Warranty covers defects in materials and workmanship (“Product Defects”) of Products that have been used in accordance with our user manuals, technical specifications, and other guidelines that we might publish, from time to time, in relation to usage of the Product (“Instructions”) where such Product Defects:

  • are identified and claimed within the Warranty Period (as defined below); and
    • prevent the relevant Products from functioning as intended and in accordance with the Instructions (the “Warranted Performance”).

The exclusions and limitations apply as set out below.

  1. Your rights under applicable laws, including consumer protection and right to repair laws

This is a voluntary manufacturer’s warranty providing rights additional and separate from rights available under applicable laws (including under relevant consumer laws).

It is your choice whether to claim under this Limited Warranty or under relevant consumer laws. The terms of this Limited Warranty do not apply to any claim that you bring under such consumer laws.

For Australian consumers only: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

  1. Term of Limited Warranty

This Limited Warranty runs for a period of one (1) year from the date of original retail purchase, as evidenced by valid proof of purchase (e.g., receipt) (the “Warranty Period”).

For any repaired or replacement Products that we provide under this Limited Warranty, the repaired or replaced Product will also be covered by this Limited Warranty for the longer of either the remainder of the original Warranty Period, or a period of 90 days following receipt of the repaired or replacement Product.

  1. Available remedies

If your claim is covered by this Limited Warranty, we will, within a reasonable period of time, elect at our option to:

  • repair your Product at no charge;

  • replace your Product with a Product that meets the Warranted Functionality; or

  • refund to you:

    • all of the purchase price of the Product; or

    • a partial refund of the purchase price you paid for the Product at no charge, taking into account usage during the Warranty Period.

We will also pay for shipping and handling fees to return the repaired or replacement Product to you if we elect to repair or replace the Product. All returned Products and parts for which you have received a replacement or refund will become the property of Solana Mobile.

  1. Exclusions

The following are not covered by the Limited Warranty:

  • any software or software-related products (including those packaged with or otherwise incorporated into the Products), where your rights will instead be set out under the relevant documentation provided with that software or software-related product;
  • any losses of data, as you are responsible for backing-up your data. We do not warrant, represent, undertake or guarantee that any data stored on your Product will be preserved or that any repaired or replacement Product will contain any data stored on your Product;
  • any services provided in relation to any Products, where your rights will instead be set out under the relevant documentation provided alongside those services;
  • any Products you return to Solana Mobile where labels have been removed, damaged or otherwise tampered with;
  • any Products you return to Solana Mobile without all accompanying components and/or external covers;
  • any Products you purchase from an unauthorized retailer;
  • any non-Solana Mobile branded hardware products (including those packaged with or otherwise sold alongside the Products), for which you should contact the relevant manufacturer for information on your rights;
  • ordinary Product wear and tear, cosmetic damage and/or ageing (including discoloration, scratches, nicks and dents and other minor changes to the Product);
  • any damage caused to a Product by accident or neglect – which may include accidental physical impact and/or exposure to liquid, food or other contaminants;
  • any damage caused to a Product intentionally;
  • any damage caused by misuse of the Product, including where it has not been used in accordance with the relevant Instructions;
  • any Products which meet the Warranted Performance, but do not otherwise meet your own requirements;
  • any damage caused to a Product by repairs, replacement of components (including batteries), modifications, customisations or other alterations, unless specifically authorized by Solana Mobile, and carried out in accordance with the relevant Instructions with reasonable care and skill;
  • any damage caused to a Product through the installation of a non-compatible component (including batteries, other after-market parts, and/or hardware components);
  • any use of a Product with hardware, software, components or services that has not been explicitly identified within the Instructions as being compatible;
  • any consumable Product components which are designed to deplete and be replaced during normal operation (including batteries), unless such components are defective;
  • any defect caused to a Product due to a failure to update that Product to the latest version of Solana Mobile-issued software;
  • any use of the Product in breach of applicable laws;
  • any damage caused to a Product by events outside of Solana Mobile’s control (including extreme weather events and/or power surges).

Additionally, if Solana Mobile receives information from relevant public authorities that the Product has been stolen or if you are unable to deactivate the passcode-enabled or other security measures designed to prevent unauthorized access to the Product, and you cannot prove in any way that you are the authorized user of the Product (e.g., by presenting proof of purchase), the Product is not covered by this Limited Warranty. To the extent permitted by local law, Solana Mobile may provide hardware identifier information from the Product to such authorities or registries for security and fraud prevention purposes.

  1. How to make a claim

To make a claim under this Limited Warranty, you must submit a support request at https://legal.solanamobile.com/warranty-service within the Warranty Period. As part of this claim, you will be required to include:

  • your proof of purchase for the Product (including the date of purchase), unless Solana Mobile verifies this in advance; and
  • a description of why you require a service under this Limited Warranty.

You will then need to mail-in your Product for warranty service using a pre-addressed shipping label, which we will also provide.

You will be responsible for Products or parts of Products that are lost or damaged as a result of failure to follow any instructions.

  1. Claims outside of this Limited Warranty

If you send us proof of purchase for your Product, but (i) your Product is found not to be defective, and/or (ii) your claim is otherwise not within scope of this Limited Warranty, we may choose to:

  • send the Product back to you, following your prepayment of the associated costs; or

  • if you do not make the above prepayment, keep the Product for your collection for 30 days, following which it will be disposed of.

  1. Liability

    • Entire liability. Our entire liability to you under this Limited Warranty is set out herein, and we exclude all warranties, conditions and other terms not set out in this Limited Warranty, except those you are entitled to under consumer law (including as summarized in the rest of this section 10).

    • US CUSTOMERS

      This section 10(b) applies only to customers who reside in the US. If you are a US resident, please read the following carefully:

  • No implied warranties. SOLANA MOBILE DOES NOT WARRANT THAT THE OPERATIONS OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WILL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, IN ADDITION TO OTHER RIGHTS THAT YOU MAY HAVE IN YOUR STATE OR COUNTRY OF RESIDENCE.

  • Exclusions. IN ADDITION TO THE EXCLUSIONS SET OUT UNDER SECTION 7 ABOVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOLANA MOBILE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF AN EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF SOLANA MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.

    • NON-US CUSTOMERS

      This section 10(c) applies only to customers who do not reside in the US. If you are not a US resident, please read the following carefully:

  • Exclusions. In addition to the exclusions set out under section 7 above, Solana Mobile shall in no event be liable for:

    • any losses that were not caused by our breach of this Limited Warranty;

    • any loss or damage that was not, at the time of your purchase of the Product, a reasonably foreseeable consequence of our breaching this Limited Warranty. Loss or damage is foreseeable if, at the time of Product purchase (i) it is either obvious that it will happen, or (ii) both you and Solana Mobile knew it might happen; or

    • any business losses. Solana Mobile will not be liable for any losses relating to any business of yours (including any business interruption, or losses of profits, data, and/or business opportunity).

  • Prohibited limitations and exclusions*.* The provisions of this section 10(c) shall not apply to:

    • death or personal injury resulting from Solana Mobile’s negligence;

    • fraud or fraudulent misrepresentation; or

    • any other liability that Solana Mobile cannot be limit or exclude under applicable law.

Other

Governing law. Subject to overriding consumer rights under the laws of your country region or province of residence,, any dispute arising from this Limited Warranty will be governed by and construed and enforced in accordance with the laws of the State of Delaware, and exclusively subject to the jurisdiction of the federal or state courts of the State of New York.

Interpretation. The headings used in this Limited Warranty have been used to assist readability, and are not intended to have any legal or contractual effect. Any use of the word “including” means “including without limitation”.

Severability. If any provision of this Limited Warranty is held by a court of law to be illegal, invalid, or unenforceable, that provision will be deemed to be deleted, but this will not affect the remaining provisions of this Limited Warranty.

Amendments. No individual is authorized to modify, extend or otherwise amend this Limited Warranty on behalf of Solana Mobile.

Updates. Except to the extent prohibited by applicable law, from time to time, we may make updates to this Limited Warranty (including in compliance with applicable law).

Questions. If you have any questions about this document, please contact legal@solanamobile.com.

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