Warranty

LIMITED WARRANTY

Quatech, Inc. warrants this SocketSerial™ brand product against defects in material and workmanship, under normal use and service, for one (1) year from the date of purchase.

EXCLUDES: Consumables such as batteries, removable cables, cases, straps, chargers, removable connector adapters, and CF-to-PC Card adapters (90 day coverage only). Non-branded items (not Socket Mobile or SocketSerial branded, 90 day coverage only).

Any damage caused by external causes, including problems with electrical power, servicing not authorized by Quatech, negligent installation or operation, failure to follow documented procedures, abuse, or general misuse of the product is not covered by the warranty. Custom configured products are non-refundable. Individual product manuals contain product-specific warranty information. Quatech makes no express warranties except those stated in this paragraph and in the applicable warranty statements for specific products in effect on the date of invoice.

To request warranty service, you must call Quatech at (800) 553-1170, e-mail: Support@Quatech.com, or complete the online RMA Request form within the warranty period with a description of the problem. If warranty service is required, Quatech will issue a Return Material Authorization (RMA) Number. You must ship the defective product back to Quatech during the warranty period in its original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. Quatech will ship the repaired or replacement products to you.

Quatech reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. Quatech does not warrant any software under this Agreement. Warranties, if any, for software are contained in the license agreement that governs its purchase and use.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. QUATECH'S SOLE OBLIGATION (AND CUSTOMER'S SOLE REMEDY) WITH RESPECT TO THE FOREGOING LIMITED WARRANTY SHALL BE TO, AT ITS OPTION, REFUND THE PURCHASE PRICE OR REPAIR/REPLACE ANY DEFECTIVE PRODUCTS, PROVIDED THAT QUATECH RECEIVES WRITTEN NOTICE OF SUCH DEFECTS DURING THE APPLICABLE WARRANTY PERIOD. CUSTOMER MAY NOT BRING AN ACTION TO ENFORCE ITS REMEDIES UNDER THE FOREGOING LIMITED WARRANTY MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

QUATECH, ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOST OR CORRUPTED DATA OR SOFTWARE, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF QUATECH OR ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, QUATECH IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. 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.

RETURN/CANCELLATION/CHANGE POLICY

Domestic Customers

Any customer purchasing a Quatech product within the Continental US can return it within the first 30 days of purchase for a full refund of the purchase price. Shipping charges are not refundable. This policy applies to List Price purchases only. All other purchases to be negotiated separately.

After 30 days, opened packages cannot be returned. Unopened packages can be returned up to six months (180 days) from the purchase date, and will be subject to the following re-stocking charges:

1 - 30 days from date of purchase no charge
31 - 90 days from date of purchase 20% restocking charge
91 - 180 days from date of purchase 40% restocking charge

Unopened products returned after 30 days are subject to inspection by Quatech for incidental damages. If the customer has an open account with Quatech, the account will be credited for the purchase price less any restocking fees. Checks will be mailed to customers without Quatech accounts. Any returns past 30 days that do not meet the above criteria must be explained by extenuating circumstances and must receive special approval from Quatech management. All returns must have an RMA number clearly marked on the outside package, and must be shipped freight prepaid. This policy applies to List Price purchases only. All other purchases to be negotiated separately.

International Distributors/Customers

No Purchases originating from outside the United States or Canada may be completed online. Any customer purchasing a Quatech product outside the Continental US can return it within the first 45 days of purchase for a full refund of the purchase price. Shipping charges are not refundable. Full refunds will be given for Quatech software returned in this period, so long as it is unopened and in the original package. However, once the software (excluding product installation disks) is opened, the sale is final. This policy applies to List Price purchases only. All other purchases to be negotiated separately.

Unopened packages can be returned up to six months (180 days) from the purchase date, and will be subject to the following re-stocking charges:

1 - 45 days from date of purchase no charge
46 - 90 days from date of purchase 20% restocking charge
91 - 180 days from date of purchase 40% restocking charge

Unopened products returned after 45 days are subject to inspection by Quatech for incidental damages. Along with the restocking fee, the customer is responsible for all return shipping charges to Quatech including, but not limited to, applicable duties, customs, provincial taxes, freight and importation charges. If the customer has an open account with Quatech, the account will be credited for the purchase price less any restocking fees. Credit Memos will be generated for those who have not paid the invoice. Checks will be mailed to customers without Quatech accounts. All returns must have an RMA number clearly marked on the outside package, and must be shipped freight prepaid. This policy applies to List Price purchases only. All other purchases to be negotiated separately.

FORCE MAJEURE

Quatech shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, natural catastrophes, acts of Customer, interruptions of transportation or inability to obtain necessary labor or materials. Quatech's estimated shipping schedule shall be extended by a period of time equal to the time lost because of any excusable delay. In the event Quatech is unable to perform in whole or in part because of any excusable failure to perform, Quatech may cancel orders without liability to Customer

GOVERNING LAW/ARBITRATION

This agreement is governed by Ohio law as such laws apply to agreements entered into and to be performed entirely within Ohio between Ohio residents. Any claim arising out of or relating to this agreement or Quatech.com shall be settled by binding arbitration in Summit County, Ohio in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Ohio law. However, (a) each of us may seek interim relief from a Summit County, Ohio court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

 Quatech Terms and Conditions of Sale

Both you (the "Customer") and Quatech, Inc. ("Quatech") agree that the purchase and sales of Quatech hardware and software products ("the Products") through the use of this Site are made under Quatech's General Terms and Conditions of Sale in effect at the time of such purchase, and that Quatech SHALL NOT BE BOUND BY CUSTOMER'S ADDITIONAL OR DIFFERENT TERMS. Customer's order and purchase of the Products shall constitute acceptance of these terms and conditions.

QUATECH, INC. – GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of sale, together with any specific provisions set forth in the Quatech price quote, purchase order, or invoice describing your purchase, contains the entire agreement applicable to purchases of products and services from Quatech, Inc. ("Quatech"). By accepting delivery of the products and/or services described in the Quatech price quote, purchase order, or invoice, you ("Customer") accept and agree to be bound by these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in Quatech's sole discretion. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents, except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for products or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by Quatech.

Online Orders:

Quatech sells online to residents of the US only. All orders are subject to acceptance by Quatech. Quatech's booking of an order placed through the online shopping service shall constitute its acceptance of the order, and an email will be sent to the Customer confirming this order. NO ORDER IS OFFICIALLY ACCEPTED BY QUATECH UNTIL A CONFIRMING EMAIL IS SENT TO CUSTOMER OR THE PRODUCTS ARE SHIPPED TO CUSTOMER, WHICHEVER SHALL OCCUR FIRST. Quatech may assign any order placed through the online shopping service to an authorized independent distributor of Quatech. Customer agrees that any order placed with Quatech, together with any payment processing and order fulfillment associated with that order, may be assigned to Quatech's authorized independent distributors.

Prices and Payment:

All prices are subject to change without notice. Unless otherwise stated on the quotation, any price quotation will expire thirty (30) days from date of issuance. Stenographic or clerical errors are subject to correction.

All purchases are to be made in US dollars. Unless otherwise agreed to by Quatech, Customer will make payment in full prior to delivery by cashier's check, credit card, or money order, unless Quatech approves Customer for credit terms. If Quatech approves Customer's credit application, payment shall be due no later than 30 days from the date of Quatech's invoice, unless different credit terms have been agreed to in writing by both Customer and an authorized Quatech sales agent. All sums not paid when due shall accrue interest daily at the lesser of a monthly rate of 1.5% or the highest rate permissible by law on the unpaid balance until paid in full. In the event of any order for multiple units, each unit(s) will be invoiced when shipped. Exceptions will be made for government purchase orders.

Customer is responsible for all shipping charges. Orders are entered and accepted by Quatech as soon after they are received from Customer as possible. However, Quatech is not responsible, and will not be held liable for, any shipment delays or for any damages which may result from said delays. Claims for shipment shortage shall be deemed waived unless presented to Quatech in writing within forty-five (45) days of shipment.

TAXES

Product prices are exclusive of, and Customer shall pay, applicable sales, use, service, value added or like taxes, unless Customer has provided Quatech with an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities.

TITLE

Risk of loss or damage and title to the Products shall pass to Customer at the FOB shipping point. Notwithstanding the foregoing, Quatech retains a security interest and right of possession in the Products until Customer makes full payment.

 Quatech may revise these Terms at any tie by updating this posting, thus it is advised that you regularly visit this page to review the terms and conditions for use of this site which are BINDING ON YOU.