LEGAL

EmbodyStack Limited Warranty

Effective version
1.1

Limited warranty terms, exclusions, claim requirements and remedies for EmbodyStack products and engineering services.

“EmbodyStack,” “we,” “us,” and “our” refer to the EmbodyStack brand and, for a transaction, the contracting entity identified in the applicable quotation, order acknowledgement, invoice or signed agreement.

1. Warranty Period

Unless otherwise stated in an accepted quotation, EmbodyStack warrants that the identified product will be free from material defects in materials and workmanship for twelve months from the shipment date.

2. Service Deliverables

For services governed by a signed statement of work, any applicable warranty, review period and acceptance criteria are limited to those expressly stated in that statement of work.

3. Customer Notice

The customer must promptly notify EmbodyStack of a suspected defect and provide sufficient information to identify the product, Exact SKU, order, operating conditions and reported failure.

Return of a product requires prior written authorization.

4. Exclusive Remedies

For a validated warranty claim, EmbodyStack may, at its option:

  • repair the affected product;
  • replace the affected product;
  • re-perform the affected service;
  • refund the amount paid for the affected product or service.

These remedies are the customer’s exclusive contractual remedies for a valid warranty claim, subject to rights that cannot lawfully be excluded.

5. Exclusions

The warranty does not apply to failure, damage or nonconformity resulting from:

  • improper transportation, handling or storage;
  • excessive inventory or storage time;
  • use outside published or agreed limits;
  • incorrect installation, wiring or configuration;
  • inadequate cooling, guarding or environmental protection;
  • unauthorized modification, disassembly or repair;
  • incompatible drives, controllers, power supplies, chargers, software or peripherals;
  • customer-supplied parts or materials;
  • abnormal contamination, corrosion, shock or vibration;
  • accident, abuse or misuse;
  • failure to follow applicable instructions;
  • use in a prohibited or unauthorized restricted application;
  • normal wear or consumable items;
  • a customer-specified design characteristic where the product conforms to the approved specification.

6. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBODYSTACK DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Nothing in this warranty excludes or limits rights or liability that cannot lawfully be excluded or limited.