Last updated: January 20, 2021
Particle, Inc, (hereinafter called “Particle”) warrants that, for a period of one (1) year from the date of shipment to the original purchaser, each product will be free from any defects in material and manufacturing which cause the product to fail to operate in accordance with the products’ performance specifications as they exist at the time of shipment.
This limited warranty is void if the product is
(i) installed improperly or otherwise not in accordance with Particle’s installation instructions and guidelines that are shipped with the product or any applicable standards or codes;
(ii) altered or repaired other than as authorized in writing by Particle;
(iii) misused or abused, whether intentionally or not, including without limitation if the product is used at any time in an environment or operating range, or subjected to electrical values, in excess of those specified in the product’s performance specifications;
(iv) damaged due to Acts of God;
(v) used in violation of any applicable standard or code for use;
(vi) damaged in transit or handling
Particle’s obligation under this limited warranty is limited to, at Particle’s option, either repair or replacement of the defective item or else make available a new replacement product that will provide equal or better performance. PARTICLE’S OBLIGATIONS UNDER THIS LIMITED WARRANTY DO NOT INCLUDE ANY OTHER COSTS OR EXPENSES, SUCH AS, WITHOUT LIMITATION, ANY COSTS OR EXPENSES OF REMOVAL OR REINSTALLATION WHATEVER THE CAUSE OR HOWEVER INCURRED OR IMPOSED (FOR EXAMPLE AND WITHOUT LIMITATION, LABOR COSTS OR EXPENSES, ADMINISTRATIVE COSTS, OR REQUIREMENTS OF LAW OR ANY GOVERNMENTAL AGENCY OR BODY). NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY BEYOND THE AFOREMENTIONED WARRANTY PERIOD. The foregoing warranty is exclusive of all other statutory, written or oral warranties and no other warranties of any kind, statutory or otherwise, are given or herein expressed.
LIMITATION OF LIABILITY
Particle will not under any circumstances whether as a result of a breach of contract, breach of warranty, tort, strict liability or otherwise be liable for consequential, incidental, special or exemplary damages including but not limited to, loss of profits or revenues, loss of any other goods or associated equipment or damage to any associated equipment, cost of capital, cost of substitute products, facilities or services, down-time cost or claims of claimant’s Customers. Particle’s liability on any claim of any kind for any loss or damages arising out of, resulting from, or concerning any aspect of this agreement for the product or services furnished hereunder shall not exceed the price of the Product which gives rise to the claim.
RETURN FOR INSPECTION AND REPAIR PROCEDURES
All warranty claims must be made in accordance with Particle’s Return Procedures as outlined within this document. All warranty claims and or questions are to be directed to your Particle customer support center (firstname.lastname@example.org). If deemed necessary and at Particle’s sole discretion, a Return Goods Authorization (RGA) number could be issued, in which case the following will be required:
- Particle will advise which products should be returned for inspection.
- All products that are authorized for return to Particle must be shipped freight prepaid (standard ground service).
- Each product must be packaged carefully so as to prevent damages in shipment.
- The RGA number must be included on both the packing slip of the component or product being returned and on the outside of the box. (Include your name and email address on the packing slip so that Particle can contact you easily.)
- Obtain proof of delivery to ensure that the material is received.
If upon inspection, Particle determines that it shall repair or replace a product that has breached the terms of its limited warranty, Particle will execute such repair or replacement at its sole discretion within a time frame determined by Particle, based on standard lead times and availability of parts at the time of repair. Particle shall be responsible for shipping costs and charges and all Taxes only up to the amount of standard non-expedited ground service charges.
If upon inspection, Particle determines that the product has not breached the terms of its limited warranty, Particle shall inform the Customer of the reason for this determination. If repairs or a replacement is required, Particle will issue a quote to the Customer to repair or replace the product. If the Customer accepts the quoted charges to repair or replace the product, the Customer shall issue a purchase order to Particle. All freight charges shall be at the Customer’s expense. If the Customer declines the quoted charges, Particle shall return the product to the Customer at the Customer’s expense.
Please note that in the event the returned component or product is not found to be defective, you may be subject to a labor charge for the evaluation process.
LIMITED LABOR REIMBURSEMENT
For a period of one (1) year from the date of shipment, Particle will only reimburse preauthorized labor costs for field repairs by a qualified contractor for any product. A fully documented, detailed quotation must be provided in writing to Particle upon which Particle will issue a Purchase Order authorizing labor. No work shall commence prior to Particle’s approval and purchase order. No equipment rental costs will be reimbursed.
Normal wear and tear on the product are not covered by this limited warranty. Exterior or mechanical damage that is not the result of a breach of the warranty will not be corrected. No cosmetic repairs will be made.