Limited Product Warranty
Last Updated: April 18, 2019
THIS LIMITED WARRANTY (“WARRANTY”) APPLIES TO THE PRODUCTS (AS DEFINED BELOW) OF VEEA INC. AND ITS AFFILIATES, INCLUDING VEEA SYTEMS LTD. AND VEEA SOLUTIONS INC. (COLLECTIVELY, “VEEA”). YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS WARRANTY BY OPENING THE PACKAGE CONTAINING AND/OR USING THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE PRODUCT. INSTEAD, YOU MAY RETURN THE PRODUCT TO THE RESELLER WHERE YOU PURCHASED IT FOR A REFUND IN ACCORDANCE WITH THE RESELLER’S APPLICABLE RETURN POLICY.
(a) “Customer” means the original person or entity purchasing the Product from Veea or an authorized Veea distributor or reseller, as the case may be.
(b) “New Product” includes: (1) all VeeaHub products models; and (2) all other Veea product models purchased by Customer and any “spare parts” purchased directly from Veea.
(c) “Online Store” means an online shop operated by Veea or Veea’s affiliate.
(d) “Products” refer to New Products or Refurbished Products.
(e) “Refurbished Product” means all Veea products which have been refurbished and sold directly by Veea through Online Store, not including those sold by an authorized Veea distributor or reseller.
(f) “Software” means the Veea proprietary software that accompanies any Product when purchased by Customer, is downloaded by Customer from the Site, or is pre-installed on the Product by Veea, and includes any firmware, associated media, images, animations, video, audio, text and applets incorporated into the software or Product and any updates or upgrades to such software.
2. Warranty Period
(a) The warranty period (“Warranty Period”) commences on the date the Product is purchased by customer and ending (1) one year after such date; or (2) 90 days after such date for Refurbished Products, except for those sold as “as is” or with “no warranty” on Online Store.
(b) For Customers purchasing our optional extended warranty period (“VeeaCare”), the Warranty Period specified in paragraph 2 (a) for the applicable Product registered with VeeaCare shall be the term of the optional extended warranty period purchased.
3. Limited Warranty and Remedies
(a) Limited Warranty. Subject to paragraph (f) below, Veea warrants to the Customer that each Product (a) will be free of material defects in workmanship and (b) under normal use will perform substantially in accordance with Veea’s published specifications for the Product during the Warranty Period. Such limited warranty does not apply to the Software which shall be subject to the accompanying end user license agreement provided with the Product, if any. Veea provides no warranty to Refurbished Product sold as “as is” or with “no warranty” on Online Store.
(b) Exclusive Remedy. If Customer gives notice of noncompliance with any of the warranties set forth in paragraph (a) within the applicable Warranty Period in the manner set forth below, then, upon verification of the noncompliance by Veea, Veea will, at Veea’s option: (a) use commercially reasonable efforts to repair the Product, or (b) replace the noncomplying Product or part thereof upon return of the complete Product in accordance with paragraph (c). The foregoing sets forth Veea’s entire liability and Customer’s sole and exclusive remedy for any breach of warranty under paragraph (a) or any other defect or deficiency in the Product. Customer will reasonably assist Veea to diagnose and validate any nonconformity with the Product. The warranty set forth in paragraph (a) does not include: (1) any warranty relating to the Software; (2) physical installation or removal of the Product from Customer’s site; (3) visits to Customer’s site; (4) labor necessary to effect repairs or replace defective parts other than during Veea’s or its contracted service providers’ normal local business hours, exclusive of weekends and service providers’ holidays; and (5) any work with any third party equipment or software.
(c) Return. To return a Product purchased by Customer from Veea, Customer must obtain a Return Merchandise Authorization (“RMA”) number. A RMA number may be obtained by calling Veea support at +1 (855) 488-7332. For purchases from an authorized Veea distributor or reseller, Customer must contact such authorized distributor or reseller for return instructions. For warranty claims, Customer must return the complete Product to Veea in accordance with this paragraph (c) to be eligible for coverage under this Warranty. Any Product returned without an RMA number, or any Product that has been disassembled (except at the direction of Veea) will be refused and returned to Customer at Customer’s expense. Any Product that has been assigned an RMA number must be returned in the same condition as it was received from Veea to the address designated by Veea, in the original packaging or packaging sufficient to protect the contents thereof. A return label will be provided electronically to Customer. Cost of shipping and handling will be pre-paid or billed to Customer if pre-approved by Veea. Customer is responsible for insurance and risk of loss with respect to returned items until they are properly received by Veea. A Product with an RMA number must be returned within thirty (30) days after issuance of the applicable RMA number.
(d) Replacement by Veea. If Veea elects to replace any Product under this Warranty set forth in paragraph (a), then Veea will ship a replacement Product at Veea’s expense via the shipping method selected by Veea after receipt of the nonconforming Product returned in accordance with paragraph (c) and validation by Veea that the Product does not conform to the warranty. In some countries, Veea may at its own discretion apply the Veea Replacement Service to certain Products, through which Veea will ship a replacement Product to Customer before its receipt of the nonconforming Product returned by Customer (“Veea Replacement Service”).
(e) Exclusions. The foregoing warranties and warranty obligations do not apply to any Product that (a) has been installed or used in a manner not specified or described in the Product specifications; (b) has been repaired, modified or altered by anyone other than Veea or its agent or designee; (c) has been in any way misused, abused, or damaged; (d) has been used with items not provided by Veea other than the hardware or software for which the Product is designed; or (e) otherwise fails to conform to the Product specifications and such failure is attributable to causes not within or under Veea’s control. Further, the foregoing warranties will be void if (1) Customer disassembles the Product (except at the direction of Veea; (2) Customer fails to implement any correction, modification, enhancement, improvement or other update made available to Customer by Veea; or (3) Customer implements, installs or uses any correction, modification, enhancement, improvement or other update made available by any third party. The warranty set forth in Section 3 will terminate upon Customer’s sale, assignment or other transfer of the Product to a third party, whether by operation of law or otherwise.
(f) Disclaimer of Warranties. THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF VEEA AND THE REMEDIES OF CUSTOMER SET FORTH IN THIS WARRANTY ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND DISCLAIMS, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF VEEA AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST VEEA, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCT, ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES DELIVERED UNDER THIS WARRANTY, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT OR MISAPPROPRIATION; OR (D) CLAIM IN TORT (WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHER THEORY). VEEA MAKES NO GUARANTEE AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE DATA OR INFORMATION STORED ON ANY VEEA PRODUCT WILL BE SECURE AND WITHOUT RISK OF DATA LOSS. VEEA RECOMMENDS THAT CUSTOMER TAKES APPROPRIATE MEASURES TO BACK UP AND OTHERWISE SAFEGUARD THE DATA STORED ON THE PRODUCT. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
4. Limitations of Liability
(a) Force Majeure. Veea will not be liable for or be considered to be in breach of or default under this Warranty on account of, any delay or failure to perform as required by this Warranty as a result of any cause or condition beyond its reasonable control (including, without limitation, any act or failure to act by Customer).
(b) Disclaimer of Certain Damages. IN NO EVENT WILL VEEA OR ITS SUPPLIERS BE LIABLE FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT, ANY ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS WARRANTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF VEEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Limitation of Liability. VEEA’S AND ITS SUPPLIERS’ LIABILITY ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT, ANY ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS WARRANTY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES CUSTOMER MAY INCUR AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THAT THOSE LAWS APPLY TO THE PRODUCT, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO CUSTOMER.
(a) Proprietary Rights. The Product and any accompanying Software and documentation provided with the Product include proprietary and intellectual property rights of Veea and its third-party suppliers and licensors. Veea retains and reserves all right, title, and interest in the intellectual property rights of the Product, and no title to or ownership of any intellectual property rights in or to the Product, any accompanying Software or documentation and any other goods provided under this Warranty is transferred to Customer under this Warranty. Customer will (a) comply with the terms and conditions of the Veea end user license agreement accompanying any Software furnished by Veea or an authorized Veea distributor or reseller; and (b) not attempt to reverse engineer, disassemble, or otherwise attempt to derive source code, the underlying ideas, algorithms, structure or organization of any Product or component thereof or accompanying Software or otherwise misappropriate, circumvent or violate any of Veea’s intellectual property rights.
(b) Assignment. Customer will not assign any of its rights under this Warranty directly, by operation of law or otherwise, without the prior written consent of Veea.
(c) No Additional Terms. Except as expressly permitted by this Warranty, neither party will be bound by, and each party specifically objects to, any term, condition or other provision that conflicts with the provisions of this Warranty that is made by the other party in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise, unless each party specifically agrees to such provision in writing. Further, if this Warranty conflicts with any terms or conditions of any other agreement entered into by the parties with respect to the Product, this Warranty will prevail unless the other agreement specifically references the sections of this Warranty that it supersedes.
(d) Applicable Law. All matters arising out of or relating to this Warranty shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this Warranty or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding. Service of process, summons, notice, or other document by mail to the address listed in your user account shall be effective service of process for any suit, action, or other proceeding brought in any such court.
(e) Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Warranty, the Product or services provided by Veea with respect to the Product or the relationship between Customers and Veea will be resolved exclusively and finally by arbitration under the current commercial rules of the American Arbitration Association, except as otherwise provided below. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between Customer and Veea. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held in New York County, New York, U.S.A. by submission of documents, by telephone, online or in person as determined by the arbitrator at the request of the parties. The prevailing party in any arbitration or legal action occurring within the United States or otherwise shall receive all costs and reasonable attorneys’ fees, including any arbitration fee paid by the prevailing party. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Customer understands that, in the absence of this provision, Customer would have had a right to litigate any such dispute, controversy or claim in a court, including the right to litigate claims on a class-wide or class-action basis, and Customer expressly and knowingly waives those rights and agrees to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph (e). The arbitration award shall be final and binding on the parties and may be enforced in any court having jurisdiction. Nothing in this Section shall be deemed to prohibit or restrict Veea from seeking injunctive relief or seeking such other rights and remedies as it may have at law or equity for any actual or threatened breach of any provision of this Warranty relating to Veea’s intellectual property rights.
(f) Attorneys’ Fees. In any arbitration, mediation, or other legal action or proceeding to enforce rights or remedies under this Warranty, the prevailing party will be entitled to recover, in addition to any other relief to which it may be entitled, costs and reasonable attorneys’ fees.
(g) Export Restrictions. You acknowledge that the Product may be subject to U.S. export restrictions. You will comply with all applicable laws and regulations that apply to the Product, including without limitation the U.S. Export Administration Regulations.
(h) Severability. If any provision of this Warranty is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Warranty will remain in full force and effect.
(i) Entire Agreement. This Warranty constitutes the entire agreement, and supersedes any and all prior agreements, between Veea and Customer related to the subject matter hereof. No amendment, modification or waiver of any of the provisions of this Warranty will be valid unless set forth in a written instrument signed by the party to be bound thereby.