LIMITED WARRANTY.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.SIONYX.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.

1. SIONYX, LLC (“SIONYX” or “we”) warrants to the original end-user/purchaser (“you”) of the product (referred to in this section as the “Goods”) that for a period of two (2) years from date of purchase of the Goods (“Warranty Period”) such Goods will be free from material defects in material and workmanship. SIONYX warrants to you that accessories included with the Goods and Accessory Kits sold separately from the Goods under a distinct product SKU] will be free from material defects in material and workmanship for a period of ninety (90) days from date of purchase.
2. EXCEPT FOR THE WARRANTY SET FORTH IN (a), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIONYX MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTIBILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OTHER WISE.
3. Products manufactured by a third party (“Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with the Goods. Third-Party Products are not covered by the warranty in section (a). For the avoidance of doubt, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIONYX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OTHER WISE.
4. SIONYX shall not be liable for a breach of warranty under section (a) unless you submit a Warranty Claim as described below.
5. SIONYX shall not be liable for a breach of warranty set forth in section (a) if: (i) you make any further use of such goods after acquiring a Return Material Authorization (RMA) number; (ii) the defect arises because you failed to follow SIONYX’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of such Goods; or (iii) you alter or repair such Goods without the prior written consent of SIONYX.
6. Subject to section (d) and section (e) above, with respect to any such Goods during the Warranty Period, SIONYX shall, in its sole discretion, either (i) repair or replace the Goods with the same or newer model; or (ii) repair or replace the defective parts; or (iii) refund the purchase price of the Goods. To the extent permitted by law, the Warranty Period will not be extended or renewed or otherwise changed due to subsequent exchange, resale, repair or replacement of the camera or accessory. However, part(s) repaired or replaced during the Warranty Period will be warranted for the remainder of the original Warranty Period or for ninety (90) days from the date of repair or replacement, whichever is longer.
7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED IN SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS ON THE LIABILITY OF SIONYX CONSTITUTE AN ALLOCATION OF RISK AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AS ADOPTED IN MASSACHUSETTS AND OTHER APPLICABLE MASSACHUSETTS LAW, AND THAT THE FEES AND CHARGES FOR PRODUCTS PROVIDED BY SIONYX TO YOU REFLECT THIS ALLOCATION OF RISK AND THE LIMITATIONS ON LIABILITY SET FORTH HEREIN.
   
   SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Other limitations. The limited warranty set forth in section (a) does not apply to (i) 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; (ii) to cosmetic damage, including but not limited to scratches (including to lenses), dents and broken plastic on ports; (iii) to damage caused by use with another product; (iv) to damage caused by accident, abuse, misuse, tampering, liquid (beyond the Good’s certification), grit, impact, fire, lack of proper care or maintenance, earthquake, or other external cause; (v) to damage caused by operating the Goods outside SIONYX’s published guidelines; (vi) to damage caused by unauthorized parts or by service (including upgrades and expansions) performed by anyone who is not a representative of SIONYX; (vii) to Goods that have been modified to alter functionality or capability without the written permission of SIONYX; (viii) to defects caused by normal wear and tear or otherwise due to the normal aging of the Goods; or (ix) if any serial number has been removed or defaced from the Goods.
9. WARRANTY CLAIMS
   1. All claims under the limited warranty will require a Return Material Authorization (RMA) number. To discuss a warranty claim and acquire an RMA number, please contact SIONYX Customer Care: [email protected] (http://[email protected]/). You will be required to furnish a sales receipt/proof of purchase indicate date of purchase, amount paid and place of purchase.
   2. If your warranty claim is received within the Warranty Period, SIONYX Customer Care will conduct a phone evaluation to determine whether the failure is covered under the limited warranty
   3. If SIONYX Customer Care determines that the failure is covered under the limited warranty, SIONYX will, at its sole discretion, either
      1. repair or replace the Goods; or
      2. repair or replace the defective parts; or
      3. credit or refund the purchase price of the Goods.

RETURNS AND EXCHANGES

30-Day No Questions Asked returns and exchanges. You may return the Goods for a full refund of the product price, or exchange the Goods for another SIONYX product, as long as you obtain an RMA within thirty (30) days of receipt of the Goods. Returns initiated after thirty (30) days of receipt of the Goods are subject to a 15% restocking fee. You are responsible for paying all return shipping fees.

Returns of defective Goods will be processed as a Warranty Claim and subject to SIONYX’s Limited Warranty.

You can obtain an RMA number by contacting SIONYX Customer Care at [email protected] (http://[email protected]/).