Orb Limited Hardware Warranty
Subject to the provisions herein, Orb warrants the Orb Product against defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (“Warranty Period”). If Orb determines that the Orb Product is defective, Orb will either repair or replace the unit with either a new or rebuilt Orb Product, at its discretion at no charge. If the Warranty Period has expired, you are responsible for the payment of all labor charges and may obtain part from an Orb authorized service facility or a Orb Product from the Orb service center at your expense. The foregoing sets fourth Orb’s sole obligation and your exclusive remedy in the vent of any breach of this limited warranty.
Warranty Service Process
The limited warranties set forth above extend only to the original purchaser, provided that: (i) You have notified Orb of such non-conformance of the equipment during the applicable limited warranty period; and (ii) Orb has confirmed such equipment to be non-conforming. As your sole and exclusive remedy and Orb’s entire liability under this limited warranty, Orb will, at its option, repair or replace the non-conforming equipment free of charge.
To obtain warranty service, you must first obtain an Return Merchandise Authorization (RMA) number from a Technical Support Representative at Orb. A Technical Support Representative may be reached by emailing support@orb.com. Once an RMA number is obtained, your Orb Product must be shipped freight prepaid; in either its original packaging or packaging affording an equal degree of protection, to the Orb authorized distribution facility. If Orb determines that the returned unit is defective, Orb will either repair the unit or will supply, at no charge and within a reasonable period of time, a new or rebuilt Orb Product in exchange for the defective unit. In addition, all accessories must be returned with the defective Orb Product. A new or factory refurbished set of accessories will be furnished with the replacement Orb Product. Failure to return any of the accessory items could result in a delay in receiving the replacement Orb Product, and/or result in an invoice for the missing accessories.
In performing warranty service, Orb may furnish replacement parts on an exchange basis and replaced parts will become the property of Orb. Replacement parts provided by Orb shall be new or refurbished and of comparable quality, and may be a different part that contains compatible features and functions. You will reimburse Orb for the inspection, testing and repair of returned equipment determined by Orb not to be defective or which falls under one of the warranty exclusions described below. In all cases, Orb’s determination as to whether or not the equipment is defective and covered by warranty will be final. Any replacement equipment will be warranted hereunder for a period of one (1) year from shipment. Orb reserves the right to charge additional fees for repairs or replacements performed outside of the applicable limited warranty period.
Important: When emailing for an RMA number, please provide the following information with your request: (a) model number, (b) serial number, (c) problem description, (d) software version (accessible through the Orb Control Panel on the Personal Computer, (e) date of purchase, (f) place of purchase, (g) return shipping address (P.O. boxes are not accepted), and (h) proof of purchase. Note: Proof of purchase will need to be included in the return shipment in order to ensure warranty coverage. In addition, Orb may attempt to troubleshoot the problem prior to issuing an RMA number. Please be prepared to provided additional information upon request.
Scope Of and Limitation of Warranty
The warranty on this Orb Product is limited to the repair or replacement of defective units as described above. This warranty does not cover customer training and education, installation, set up adjustment or signal reception problems. This warranty does not cover damage due to acts of God, accident, misuse, abuse, negligence, commercial use or modification of, or to any part of, your Orb Product. This warranty does not cover damage due to improper operation or maintenance, connections to improper voltage supply or attempted repair by anyone other than a facility authorized by Orb to service your Orb Product. This warranty is only valid in the country of purchase from an authorized Orb distributor or dealer. This warranty is invalid if the factory-applied serial number and/or “Warranty Void if Removed” sticker has been altered or removed from the Orb Product.
Warranty Disclaimer
THE LIMITED WARRANTY AND REMEDIES STATED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY ARE EXPRESSLY EXCLUDED. ORB’S WARRANTY DOES NOT APPLY TO ANY SEPARATELY LICENSED CODE. THESE WARRANTIES ONLY APPLY TO ORB PRODUCTS PURCHASED FROM AN AUTHORIZED ORB DEALER. Some jurisdictions do not allow limitations on how long an implied warranty lasts. so these limitations in the software and hardware warranties above may not apply to you. These limited warranties give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Limitation of Liability
IN NO EVENT SHALL ORB HAVE ANY LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE EQUIPMENT EVEN IF ORB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ORB’S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EXCEED THE PRICE PAID BY YOU TO PURCHASE THE EQUIPMENT. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for certain incidental or consequential damages, so the exclusions set forth may not apply to you.
Compliance With Law
You acknowledge and agree that the equipment is subject to United States export control laws, including the United States Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export or import the equipment.