MLABS Standard 2 Year Limited Warranty

IMPORTANT: BY USING YOUR MLABS SecurePhone PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE MLABS TWO (2) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.

DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN 30 DAYS OF PURCHASE.

HOW CONSUMER LAW RELATES TO THIS WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, MLABS DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE. 

WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. MLABS DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, MLABS LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT MLABS’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

WHAT IS COVERED BY THIS WARRANTY?

MLABS INDUSTRIES LLC (“MLABS”) warrants the MLABS SecurePhone hardware product and accessories contained in the original packaging (“MLABS Product”) against defects in materials and workmanship when used normally in accordance with MLABS’s published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser (“Warranty Period”). MLABS’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any hardware products other than the MLABS SecurePhone or any software, even if packaged or sold with MLABS hardware. Manufacturers, suppliers, or publishers, other than MLABS, may provide their own warranties to you – please contact them for further information. Software distributed by MLABS with or without the MLABS brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. MLABS does not warrant that the operation of the MLABS Product will be uninterrupted or error-free. MLABS is not responsible for damage arising from failure to follow instructions relating to the MLABS Product’s use.

This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to 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 on ports 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 the MLABS Product’s specifications (MLABS Product specifications are available at www.mlabsindustries.com under the technical specifications for each product ); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the MLABS Product outside MLABS’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of MLABS; (g) to an MLABS Product that has been modified to alter functionality or capability without the written permission of MLABS; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the MLABS Product; (i) if any serial number has been removed or defaced from the MLABS Product; or (j) if MLABS receives information from relevant public authorities or registries that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the MLABS Product, and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase). To the extent required by local law, MLABS may provide hardware identifier information from the MLABS Product to such authorities or registries for security and fraud prevention purposes. MLABS does not provide any information to anyone, including law enforcement, without a subpoena or court order.

IMPORTANT RESTRICTION FOR MLABS SecurePhone.

MLABS may restrict warranty service for SecurePhone to the country where MLABS or its Authorized Distributors originally sold the device.

YOUR RESPONSIBILITIES

YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE MLABS PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES. 

Before receiving warranty service, MLABS or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow MLABS’s procedures for obtaining warranty service. Before submitting your MLABS Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.

DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. MLABS AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE MLABS PRODUCT SERVICED.

Following warranty service your MLABS Product or a replacement device will be returned to you as your MLABS Product was configured when originally purchased, subject to applicable updates. MLABS may install system software updates as part of warranty service that will prevent the MLABS Product from reverting to an earlier version of the system software. Third party applications installed on the MLABS Product may not be compatible or work with the MLABS Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.

Important: Do not open the MLABS Product. Opening the MLABS Product may cause damage that is not covered by this Warranty. Only MLABS should perform service on this MLABS Product.

WHAT WILL MLABS DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a claim to MLABS in accordance with this warranty, MLABS will, at its option:

(i) repair the MLABS Product using new or previously used MLABS genuine parts that have been tested and passed MLABS functional requirements,

(ii) replace the MLABS Product with a replacement product of the same model (or with your consent a product that has the same or substantially similar features as the original product – e.g., a different model with the same features, or the same model in a different color) that is new or comprised of new and/or previously used MLABS genuine parts and has been tested and passed MLABS functional requirements

MLABS may request that you replace certain user-installable parts or MLABS Products. A replacement part or MLABS Product, including a user-installable part that has been installed in accordance with instructions provided by MLABS, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an MLABS Product or part is replaced, any replacement item becomes your property and the replaced item becomes MLABS’s property.

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the online help resources described below before seeking warranty service. If the MLABS Product is still not functioning properly after making use of these resources, please contact an MLABS representative using the information provided below. An MLABS representative will help determine whether your MLABS Product requires service and, if it does, will inform you how MLABS will provide it. When contacting MLABS via telephone, other charges may apply depending on your location.

Online information with details on obtaining warranty service is provided below.

WARRANTY SERVICE OPTIONS

MLABS will provide warranty service through one or more of the following options:

(i) Mail-in service. If MLABS determines that your MLABS Product is eligible for mail-in service, MLABS will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your MLABS product, so that you may ship your MLABS Product to an MLABS location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the MLABS location will return the MLABS Product to you. MLABS will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the MLABS Product are followed.

(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own MLABS Product. If DIY parts service is available in the circumstances, the following process will apply. 

(a) Service where MLABS requires return of the replaced MLABS Product or part. MLABS may require a credit card authorization as security for the retail price of the replacement MLABS Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and MLABS will offer alternative arrangements for service. MLABS will ship a replacement MLABS Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced MLABS Product or part. If you follow the instructions, MLABS will cancel the credit card authorization, so you will not be charged for the MLABS Product or part and shipping to and from your location. If you fail to return the replaced MLABS Product or part as instructed or return a replaced MLABS Product or part that is ineligible for service, MLABS will charge your credit card for the authorized amount.

(b) Service where MLABS does not require return of the replaced MLABS Product or part. MLABS will ship you free of charge a replacement MLABS Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced MLABS Product or part. 

(c) MLABS is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact MLABS at the telephone number listed below.

MLABS reserves the right to change the method by which MLABS may provide warranty service to you, and your MLABS Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. MLABS may use MLABS Products or replacement parts for service that are sourced from a country that is different from the country from which the MLABS Product or original parts were sourced. You may be responsible for shipping and handling charges if the MLABS Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, MLABS may repair or replace MLABS Products and parts with comparable MLABS Product and parts that comply with local standards.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MLABS 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 MLABS PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE MLABS PRODUCT.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. MLABS DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY MLABS PRODUCT UNDER THIS WARRANTY OR REPLACE THE MLABS PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE MLABS PRODUCT.

SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GENERAL

No MLABS reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the MLABS Product purchase took place. MLABS or its successor in title is the warrantor under this Warranty.