iStorage warrants that on delivery and for a period of 24 or 36 months from delivery, its Products shall be free from material defects. However, this warranty does not apply in the circumstances described below.
iStorage warrants that the Products comply with the standards listed in the relevant data sheet on our website at the time you place your order.
These warranties do not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you or a third party fail(s) to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
Under these warranties we will, at our option, either repair, replace, or refund you for, any Products found to have material defects, provided that upon delivery:
- you inspect the Products to check whether they have any material defects; and
- you test the encryption mechanism in the Products.
We shall not be liable for any material defects or defects in the encryption mechanism of the Products ascertainable upon inspection on delivery unless you notify such defects to us within 30 days of delivery. We shall not be liable for any material defects or defects in the encryption mechanism of the Products which are not ascertainable upon inspection on delivery unless you notify such defects to us within 7 days of the time when you discover or ought to have become aware of such defects.
We shall not be liable under these warranties if you make or anyone else makes any further use of the Products after discovering a defect.
Upon notification of any defect, you should return the defective product to us. If you are a business, you will be responsible for the transportation costs incurred by you in sending any Products or parts of the Products to us under the warranty, and we will be responsible for any transportation costs we incur in sending you a repaired or replacement Product. If you are a consumer, please see our terms and conditions.
Products returned must be in the original packaging and in clean condition. Products returned otherwise will, at the Company’s discretion, either be refused or a further additional fee charged to cover the additional costs involved. Products returned for repair under warranty must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase.
If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
The warranties set out in this clause apply only to the original purchaser of a Product from iStorage or an iStorage authorized reseller or distributor. These warranties are non-transferable.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, AND TO THE EXTENT PERMITTED BY LAW, ISTORAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT. ISTORAGE DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ERROR-FREE. TO THE EXTENT THAT ANY IMPLIED WARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, ANY SUCH WARRANTIES ARE LIMITED TO THE DURATION OF THIS WARRANTY. REPAIR OR REPLACEMENT OF THIS PRODUCT, AS PROVIDED HEREIN, IS YOUR EXCLUSIVE REMEDY.
IN NO EVENT SHALL ISTORAGE BE LIABLE FOR ANY LOSS OR ANTICIPATED PROFITS, OR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF USE OF SOFTWARE, DATA LOSS, OTHER LOSS OR RECOVERY OF DATA, DAMAGE TO PROPERTY, AND THIRD-PARTY CLAIMS, ARISING OUT OF ANY THEORY OF RECOVERY, INCLUDING WARRANTY, CONTRACT, STATUTORY OR TORT, REGARDLESS OF WHETHER IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE TERM OF ANY LIMITED WARRANTY OR ANY WARRANTY IMPLIED BY LAW, OR IN THE EVENT THAT ANY LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ISTORAGE’S ENTIRE LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT.