HAMINA CLIP LIMITED WARRANTY TERMS

1. PURPOSE AND SCOPE

1.1. These warranty terms ("Terms") describe the terms of the limited worldwide warranty offered by Hamina Wireless for the Hamina Clip device ("Product") to its customers who have purchased the Product from Hamina Wireless or its authorized resellers ("Customer").

1.2. The relevant Hamina Wireless party is identified in the table below. Please note that some terms and conditions below, such as those regarding dispute resolution, differ based on the contracting entity.

 

2. LIMITED WARRANTY

2.1. Hamina Wireless warrants that the Product will under normal and intended use be free from defects in material or workmanship and that the Product will in material aspects conform with the technical specifications expressly set out by Hamina Wireless in writing ("Warranty") for a period of twelve (12) months from the date the Product is delivered to the Customer ("Warranty Period").

2.2. The Warranty is provided to the original Customer and shall not apply to any third parties, including third parties to whom the Customer has sold or otherwise transferred the Product, whether by second-hand purchase or otherwise.

2.3. This Warranty is in force only if Customer is in compliance with all terms and conditions of Customer's agreement to receive Hamina Wireless' services (the "Services Agreement"), including but not limited to Customer's payment obligations. If Customer breaches any term of the Services Agreement, this Warranty will automatically and immediately be canceled. If this Warranty is canceled due to the Customer's breach of the Services Agreement, including, but not limited to, Customer's failure to meet payment obligations, Customer's cure of the breach, including further payments made to Hamina Wireless, will not restore this Warranty unless otherwise agreed to in writing (email will suffice) by Hamina Wireless.

3. EXCLUSIONS FROM THE WARRANTY

3.1. Hamina Wireless does not warrant that the Product will operate without interruptions or errors. The Warranty does not cover, and Customer is solely responsible for, any defects, damages and/or non-performance of the Product, which are the result of:

(i) misuse or improper use of the Product;

(ii) mechanical impact, dropping, crushing, or other external physical force;

(iii) accidents or abuse;

(iv) operating the Product outside the parameters (including but not limited to temperature and humidity) set out in the documentation for the Product;

(v) use of the Product in connection with a third-party service or another product;

(vi) any modification or repair by the Customer or an unauthorized third party (including modifications to hardware or software);

(vii) external causes, such as power surges, fire or water damage; or

(viii) using the Product in a manner that does not conform with applicable law, the manual or any guidelines or directions provided by Hamina Wireless.

4. WARRANTY PROCESS

4.1. The Customer must notify Hamina Wireless of an alleged defect without undue delay, and in any event no later than thirty (30) days after discovering the defect. The Customer must provide Hamina Wireless with i) a purchase reference (such as an invoice or serial number), ii) a description of the defect, iii) steps to reproduce the defect, where applicable, and iv) any other information reasonably requested by Hamina Wireless in order to investigate the claim of a defect.

4.2. The Customer must return the defective Products as instructed by Hamina Wireless. The Customer is responsible for adequate packaging (including packaging costs) for the return.

4.3. Hamina Wireless shall, for any Products with confirmed defects, and at its sole discretion:

(i) repair the Product;

(ii) replace the Product or a defective part of the Product; or

(iii) refund the purchase price of the Product.

4.4. A replacement or repair does not extend the original Warranty Period.

4.5. The remedies set out in Section 4.3 above are the Customer's exclusive remedies for all warranty claims and for defects to the maximum extent permitted under applicable law.

5. DISCLAIMERS AND LIMITATION OF LIABILITY

5.1. THE WARRANTY SET FORTH IN THESE TERMS IS THE EXCLUSIVE WARRANTY MADE BY HAMINA WIRELESS TO THE CUSTOMER. HAMINA WIRELESS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY OR CONDITION ARISING BY STATUTE, CUSTOM OR USAGE OF TRADE RELATED TO THE PRODUCT OR ANY RELATED SERVICE.

5.2. IN NO EVENT WILL HAMINA WIRELESS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY DAMAGES CAUSED BY THE PRODUCT OR ITS FAILURE, INCLUDING ANY LOSS OF PROFITS, REVENUE, GOODWILL OR REPUTATION, DATA, ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, OR COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER HAMINA WIRELESS WAS ADVISED OF THE POSSIBILITY OF DAMAGES. THE LIMITATIONS OF LIABILITY OF THIS SECTION 5 SHALL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

5.3. IN NO EVENT WILL HAMINA WIRELESS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE WARRANTY OR THE USE OF THE PRODUCT EXCEED THE TOTAL PRICE OF THE PRODUCT.

6. APPLICABLE LAW AND DISPUTE RESOLUTION

6.1. General

6.1.1. In addition to the contracting Hamina Wireless party (as set forth in Section 1), the applicable law and terms for dispute resolution depend on the location of the Customer. In any case, the United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply to these Terms.

6.1.2. For Customers outside the Americas and Australasia, the applicable law and dispute resolution terms are set forth in Section 6.2.

6.1.3. For Customers located in the Americas and Australasia, the applicable law and dispute resolution terms are set forth in Section 6.3.

6.2. Customers Outside the Americas and Australasia

6.2.1. These Terms shall be governed by and interpreted in accordance with the laws of Finland, excluding its provisions on the choice of law.

6.2.2. Hamina Wireless and the Customer agree to attempt to resolve any possible disputes in amicable negotiations. If such negotiations do not lead to settlement within one (1) month of the date the dispute first arose, any dispute, controversy, or claim arising out of or in connection with the Agreement shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The language of the arbitration shall be English. The seat of the arbitration shall be Helsinki, Finland. The number of arbitrators shall be one (1).

6.3. Customers in the Americas and Australasia

6.3.1. IF THE CUSTOMER IS LOCATED IN THE UNITED STATES, OR ELSEWHERE IN THE AMERICAS OR IN AUSTRALASIA, PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT THE CUSTOMER'S LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION REQUIRES YOU TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING ARBITRATION.

6.3.2. These Terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding its provisions on the choice of law.

6.3.3. In the event of a dispute or claim arising out of these Terms or the Warranty, both Parties agree to engage in amicable negotiations to attempt to resolve the matter for at least thirty (30) days. Written notice of any dispute or claim must be provided to the other Party in writing, describing the nature and basis of the dispute or claim and the proposed resolution, and sent to 1900 Reston Metro Plaza, Suite 600, Reston Virginia 20190. If such negotiations do not lead to settlement, the dispute or claim shall be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association ("AAA"), and not by a lawsuit or resort to court process. The payment of filing, administration and arbitrator fees will be governed by the AAA commercial fee schedule.

6.3.4. Each Party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

6.3.5. The arbitration shall be held in Fairfax County, Virginia. This arbitration provision is governed by the U.S. Federal Arbitration Act. The Customer can opt out of this arbitration provision within thirty (30) days of the date of purchase. To opt out, you must send the business name, and address, and a clear statement that you want to opt out of the arbitration provisions to 1900 Reston Metro Plaza, Suite 600, Reston Virginia 20190. Should you choose to withdraw from the arbitration provision, all other provisions of these Terms shall remain in full force and effect. If for any reason a claim proceeds in court rather than arbitration, each Party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of Fairfax County in the State of Virginia and waive any objection to such jurisdiction or venue.

6.3.6. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT BOTH PARTIES TO THESE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.