Softabacus (UK) Limited - Warranty Terms and Conditions

Issued February 2005

It is in your best interests to make a note of your product's serial number and this should be quoted in any communications with Softabacus (UK) Limited.

Softabacus (UK) Limited (We, Our, Us) warrants this Product (excluding accessories, consumables such as, but not limited to, toner, paper and other consumables defined by Us) to be in good working order during the period of warranty. All products are supplied with a free one years' warranty in which the period of warranty commences on the date of purchase of the Product. In the event that the Product is not in good working order Softabacus (UK) Limited will provide, during the warranty period, a free service. The warranty is subject to proof of purchase being provided; therefore you should retain your original receipt. The warranty is only valid to the original business customer (purchaser) of the product at the invoice address. We must be notified in writing of any changes of ownership to the business and address. This warranty is only transferable with Our approval.

The service consists of (at Softabacus (UK) Limited discretion) either repair or replacement Products that will be provided on an exchange basis and will either be new, equivalent to new or re-conditioned. All replaced spare parts and Products shall become the property of Softabacus (UK) Limited.

Softabacus (UK) Limited will provide service on a "return to base" basis within the UK.

You must inform us in writing if you change your address. Where we provide service on a "return to base" basis Softabacus (UK) Limited will be responsible for the cost of returning any Product to us for repair.

Our only obligation under this warranty is the provision of the service as set out above.

Unless agreed in writing, the Warranty will not apply: (a) because you have not used, stored or handled the Product properly; or because you are in breach of the terms of this warranty or the Contract terms, or have not followed Our instructions in the product manual, or those of the manufacturer; or because of damage or defect due to wilful neglect or negligence by anyone other than Us; (b) to a loss of quality, degradation of performance or damage that results from the installation of, damage to, or modification to the Product and/or Software by someone else other than Our representatives or because of damage that results from changes required by you or a Third Party; (c) to damage that results from your connection of other fittings or accessories to the Product which We have not approved or your connection of other equipment or software not approved by Us; (d) because of external causes outside Our control which shall include accident, fire disaster or burglary; (e) because of faults caused by shock or fall, sand, dust, dirt, damp or corrosion, leaky batteries, repair or cleaning by unauthorised personnel; (f) because of any mal-function or specific requirement of any other item of hardware, or software which you have linked to the Product in respect of items not included in the Contract; (g) to correct errors in any non-Softabacus (UK) Limited proprietary software or other software not provided by Us; (h) because data is lost or damaged; (i) to damage caused by your attachment of the Product to a network not approved by Us or because you have made changes to your Operating or Network system in a manner not approved by Us; (j) because you have not installed any error correction that We issue for the software or have otherwise not followed Our reasonable instructions or advice.

You must ensure that the proper provision of the service by Softabacus (UK) Limited under this warranty will not directly or indirectly damage your property (including software and data) or otherwise cause you direct or indirect damage or loss and Softabacus (UK) Limited will not be responsible for: (a) checking as to the likelihood of such damage or loss occurring prior to providing or during provision of the service under this warranty; (b) any such damage or loss that may occur.

NB. You should take all reasonable precautions to safeguard your assets and property (including all software and data) and to minimise potential loss or disruption.

Softabacus (UK) Limited arrangements for providing service provided under this warranty may include the use of sub contractors.

Nothing in this warranty shall have the effect of restricting or excluding the liability of Softabacus (UK) Limited in respect of (a) death and personal injury caused by the negligence of Softabacus (UK) Limited, or for fraud; (b) under the Consumer Protection Act 1987 to a person who has suffered damage caused by a defective product or to a dependent or relative of such a person; (c) direct damage to your property caused by the proven negligence of Softabacus (UK) Limited.

As far as the law allows, we will not be responsible for the following: (a) loss of income, profits (actual or anticipated), contracts or for any other business related loss; (b) indirect or consequential loss or damage howsoever caused; (c) compensation for loss of images on any recordable media.

This warranty is offered subject to these terms and conditions which may change from time to time. You can find the latest version on our website www.softabacus.com or receive a copy by contacting us directly. This warranty is in addition to, and does not affect your statutory rights.

Softabacus (UK) Limited may disclose your details and other personal information to other companies within the Softabacus (UK) Limited group including any subsidiary company or subcontractor of Softabacus (UK) Limited for the purposes of performing our obligations hereunder.

Softabacus (UK) Limited may disclose your details and other personal information to any subsidiary company of Ours for the purpose of market research or direct marketing of other (Softabacus (UK) Limited) products and services. If you do not wish to receive direct marketing information from us please inform Softabacus (UK) Limited in writing.

You must not resell outside the UK any Product supplied by Softabacus (UK) Limited and covered by the Export of Goods (Control) Order 1992 (or any law that replaces it) without obtaining all necessary licenses. You also agree not to sell the Product in the UK if you know or think that the person buying the Product intends to export it without getting the necessary licenses. You agree to impose similar conditions to these on anyone you sell the Product to.

These conditions shall in all respect be governed and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.

Where service is taken out as an extension to a manufacturer's warranty, Contract charges will not be refunded should you cancel the Contract.

Limitations

Softabacus (UK) Limited does not warrant the following:

Periodic check-ups, maintenance and repair or replacement of parts due to normal wear and tear.
Consumables.
Defects caused by modifications carried out without Softabacus (UK) Limited approval.
Warranty repair service is excluded if damage or defects have been caused by: Improper use, excessive use, handling or operation of the product as referred to in the users' or operators' manuals and/or relevant user documents, including without limitation, incorrect storage, dropping, excessive shocks, corrosions, dirt, water or sand damages.
Repairs, modifications or cleaning carried out at a service centre not authorized by Softabacus (UK) Limited
Use of spare parts, software or consumables which are not compatible with the product. Compatibility is ensured if consumables are used which are recommended by Softabacus (UK) Limited.
Connecting the product to equipment not approved for connection by Softabacus (UK) Limited.
Inadequate packaging of the product when returning it to the authorized Softabacus (UK) Limited service centre.
Accidents or disasters or any cause beyond the control of Softabacus (UK) Limited, including but not limited to lightning, water, fire, public disturbances and improper ventilation.