Limitation Of Liability; Warranty Exclusions - Motion R12 Série Guide De L'utilisateur

Motion may charge you for any labour, parts or transport
costs incurred by Motion or its agent in assessing your
claim.
Software and data
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE
DATA STORED ON YOUR HARD DRIVE OR OTHER STORAGE
DEVICES AS A PRECAUTION AGAINST POSSIBLE FAILURES,
ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING
ANY UNIT FOR SERVICE, BE SURE TO BACK UP DATA AND
REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL
INFORMATION. THIS LIMITED WARRANTY DOES NOT
EXTEND TO DAMAGE TO, LOSS OF, OR DISCLOSURE OF ANY
PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA, OR
THE RESTORATION OR REINSTALLATION OF ANY
PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED
BY MOTION WHEN THE PRODUCT IS MANUFACTURED

Warranty exclusions

This section identifies what is excluded under this
Warranty.
For the avoidance of any doubt, any and all warranties or
conditions which are not guaranteed under Mandatory
Laws and which are not expressly included in this Warranty
as additional warranties or conditions are excluded.
This Warranty does not warrant uninterrupted or error-free
operation of the Motion Product, which is affected by
system configuration, software, applications your data and
operator control of the system, among other factors.
Though the Motion Product is considered to be compatible
with many systems, it is your responsibility to determine
compatibility and integration with other products or
systems.
This Warranty does not apply to non-Motion hardware
products or non-Motion software products which are not
incorporated into Motion Products or, in the case of
software, pre-loaded onto the Motion Product at the time
of sale, even if packaged or sold with Motion hardware.
This warranty does not cover:
• any Motion Product from which the serial number has
been removed or altered;
• normal wear and tear, natural performance degradation
(e.g. reduced battery life), or service costs in replacing
and maintaining expendable/ consumable parts which
have ceased working through normal wear and tear;
• cosmetic damage such as to the exterior finish;
• minor imperfections within design specification that do
not materially alter functionality;
• damage or non-functionality that results from (i) failure
to follow the instructions that came with the product;
(ii) accident, misuse, abuse, or other external causes; (iii)
operation outside the usage parameters stated in the
then current user documentation for the product; or (iv)
use of parts not manufactured or sold by Motion
• damage or non-functionality due to modifications or
service by anyone other than (i) Motion, (ii) a Motion
authorised service provider, or (iii) your own installation
of end-user replaceable Motion or Motion-approved
parts; or
• loss caused by fire, water (liquid spillage or ingression),
theft, vermin or insect infestation.
R12-Series Companion Keyboard User's Guide

Limitation of liability

Except as otherwise provided in this Warranty, if Motion
becomes liable to you under this Warranty or pursuant to
any Mandatory Laws, that liability is limited to the
maximum extent permitted by law, including without
limitation, s 64A of Schedule 2 of the Australian Consumer
Law. To the extent that Motion is legally entitled to avail
itself of such limitation, Motion's liability is limited to, at the
election of Motion in its absolute discretion, either:
(a) in the case of goods:
(i) the replacement of the goods;
(ii) the payment of the cost of replacing the
goods; and
(b) in the case of services:
(i) the supplying of the services again;
(ii) the payment of the cost of having the services
supplied again.
Software Technical Support
Software technical support is defined as assistance with
questions and issues about the software that was either
preinstalled by Motion on the Motion Product or that was
included with the Motion branded product at the time of
your purchase or lease of the product. Technical support
for software is available under this Limited Warranty for the
duration of your warranty period. Your dated sales or
delivery receipt, showing the date of purchase or lease of
the product, is your proof of the purchase or lease date.
You may be required to provide proof of purchase or lease
as a condition of receiving software technical support.
After the first ninety (90) days, technical support for
software that was either preinstalled by Motion on the
Motion Product or included with the Motion Product at the
time of your purchase or lease of the product is available
for a fee.
What you need to do to be entitled to
claim under this Limited Warranty:
1. Provide proof or purchase or lease. (Your dated sales or
delivery receipt, showing the date of purchase or lease
of the product, is your proof of the purchase or lease
date.)
2. Be the original purchaser or lessee of this Motion
Product.
3. Submit your claim to your local distributor or reseller
without undue delay after detection of the defect and
in any event within the Limited Warranty Period.Cabling
and power cord precautions.
How to make a claim under this Limited
Warranty:
1. Contact your local distributor or reseller and provide
your contact information, such as phone number, email
address and other information (such as serial number or
fault description). You may also contact Motion directly
at www.motioncomputing.com/support.
2. If Motion determines that you have a valid claim under
this Limited Warranty, Motion or its authorised
representatives will repair, replace or refund the Motion
Product at Motion's sole discretion and in accordance
with this Limited Warranty.
3. Except as set out in this Warranty, Motion will bear the
expense of a valid claim under brought under this
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