DeFrame One (1) Year Limited Warranty
**IMPORTANT: BY USING YOUR DEFRAME YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE DEFRAME ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.**
WHAT IS COVERED BY THIS WARRANTY?
Monumint Labs (“Monumint Labs”) warrants the DeFrame hardware product and the DeFrame-branded accessories contained in the original packaging (“DeFrame Product”) against defects in materials and workmanship when used normally in accordance with Monumint Labs's published guidelines for a period of ONE (1) YEAR from the date of successful delivery to the end-user purchaser ("Warranty Period"). Monumint Labs’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
Monumint Labs’ website is made available to you in accordance with the following terms and conditions (the “Terms”). It is important that you read the Terms carefully, as your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or ordering of the products provided through or in connection with the website, including but not limited to the DeFrame Product.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-DeFrame branded hardware products or any software, even if packaged or sold with DeFrame hardware. Software distributed by Monumint Labs with or without the Monumint Labs 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. Monumint Labs does not warrant that the operation of the DeFrame Product will be uninterrupted or error-free. Monumint Labs is not responsible for damage arising from failure to follow instructions relating to the DeFrame 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 DeFrame Product’s specifications (DeFrame Product specifications are available at www.deframe.xyz 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 DeFrame Product outside Monumint Labs’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Monumint Labs; (g) to a DeFrame Product that has been modified to alter functionality or capability without the written permission of Monumint Labs; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the DeFrame Product; (i) if any serial number has been removed or defaced from the DeFrame Product.
ELIGIBILITY OF THIS WARRANTY
In order to receive our warranty service, you must meet the following eligibility criteria:
(i) You are a legitimate, registered owner of the DeFrame product which you intend to receive warranty service.
(ii) You are in possession of the product certificate NFT issued by Monumint Labs on the Solana blockchain. The token address of the product certificate NFT will be announced after the public sale.
Before receiving warranty service, Monumint Labs or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Monumint Labs's procedures for obtaining warranty service.
Following warranty service your DeFrame Product or a replacement device will be returned to you as your DeFrame Product was configured when originally purchased, subject to applicable updates. Monumint Labs may install system software updates as part of warranty service that will prevent the DeFrame Product from reverting to an earlier version of the system software.
Important: Do not open the DeFrame Product. Opening the DeFrame Product may cause damage that is not covered by this Warranty. Only Monumint Labs should perform service on this DeFrame Product.
WHAT WILL MONUMINT LABS DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Monumint Labs in accordance with this warranty, Monumint Labs will, at its option:
(i) repair the DeFrame Product using new or previously used genuine parts that have been tested and passed Monumint Labs functional requirements,
(ii) replace the DeFrame 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) that is new or comprised of new and/or previously used genuine parts and has been tested and passed Monumint Labs functional requirements, or
Monumint Labs may request that you replace certain user-installable parts or DeFrame Products. A replacement part or DeFrame Product, including a user-installable part that has been installed in accordance with instructions provided by Monumint Labs, 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 a DeFrame Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Monumint Labs's property.
HOW TO OBTAIN WARRANTY SERVICE?
A Monumint Labs representative will help determine whether your DeFrame Product requires service and, if it does, will inform you how Monumint Labs will provide it. Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
Monumint Labs will provide warranty service through the following option:
(i) Mail-in service. If Monumint Labs determines that your DeFrame Product is eligible for mail-in service, Monumint Labs will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your DeFrame product, so that you may ship your DeFrame Product to a Monumint Lab repairing service center (”MLRSC”). Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the MLRSC will return the DeFrame Product to you. Monumint Labs will only pay for shipping to your location.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONUMINT LABS 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 DEFRAME PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE DEFRAME 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. MONUMINT LABS DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY DEFRAME PRODUCT UNDER THIS WARRANTY OR REPLACE THE DEFRAME PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE DEFRAME PRODUCT.
This disclaimer of liability applies, without limitation, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action (including extra-contractual liability). If you are dissatisfied with the website, your sole remedy is to discontinue use of the website.
In addition to the foregoing general disclaimer, Monumint Labs specifically disclaims liability, and you hereby waive and release any and all claims, arising out of or in connection with: any blockchain or related technology; any digital wallet, (including but not limited to MetaMask and Phantom) or similar technology or related service; the transfer or loss of any NFT or the inability to demonstrate ownership or control of any NFT, and any marketplace or other platform for buying, selling or transferring any NFT.
Monumint Labs recognizes that any data provided by you to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. You are advised that there are inherent security risks in transmitting data, such as emails, addresses or other personal information, via the website, because it is impossible to safeguard completely against unauthorized access by third-parties. Monumint Labs shall not sell any personal information to any third parties. Monumint Labs shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. Nevertheless, Monumint Labs shall use commercially reasonable to safeguard your data, subject to this cautionary limitation.
Monumint Labs shall have no liability to you for any failure to deliver or for any delay in doing so for any damage or defect to the goods which is caused by any act or circumstance beyond our reasonable control including, without limitation, strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
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.
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