Limited Warranty for Mendax Manufactured Products

Mendax Microsystems Inc. warrants that the Product as defined in the “List of Mendax Microsystems’ manufactured products” to be delivered hereunder, if properly used and installed, will be free from defects in material and workmanship and will substantially conform to Mendax’s publicly available specifications for a period of three years (two years for desktops computers) after the date the product was purchased from an authorized Mendax reseller or from the Tonykara.com website.

This limited warranty does not apply to issues or defects arising from the use of components not validated by Mendax Microsystems for that product.

A listing of Mendax-validated components is available on each product configuration page.

Software of any kind delivered with or as part of products is expressly provided “as is” unless specifically provided for otherwise in any software license accompanying the software. If any product furnished by Mendax which is the subject of this Limited Warranty fails during the warranty period for reasons covered by this Limited Warranty, Mendax, at its option, will:

• REPAIR the product by means of hardware and/or software; OR
• REPLACE the product with another product, OR, if Mendax is unable to repair or replace the product,
• REFUND the then-current value of the product.

If such product is defective, transportation charges for the return of product to buyer within the USA and CANADA will be paid by Mendax Microsystems Inc.

For all other locations, the warranty excludes all costs of shipping, customs clearance and other related charges.

Mendax will have a reasonable time to make repairs or to replace the product or to refund the then-current value of the product.

In no event will Mendax be liable for any other costs associated with the replacement or repair of the product, including labor, installation or other costs incurred by the buyer, and in particular, any costs relating to the removal or replacement of any product.

THIS LIMITED WARRANTY, AND ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER STATE/PROVINCE LAW, APPLY ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCT.

Extent of Limited Warranty

Mendax does not warrant that products to be delivered hereunder, whether delivered stand-alone or integrated with other products, will be free from design defects or errors known as “errata.” Current characterized errata are available upon request.

This limited warranty does not cover damages due to external causes, including accident, problems with electrical power, usage not in accordance with product instructions, misuse, neglect, alteration, repair, improper installation, or improper testing.

Warranty Limitations and Exclusions

These warranties replace all other warranties, expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Mendax makes no expressed warranties beyond those stated here. Mendax disclaims all other warranties, expressed or implied including, without limitation, implied warranties of merchantability and fitness for a particular purpose.

Some jurisdictions do not allow the exclusion of implied warranties so this limitation may not apply. Warranty service is limited to customers whose account is in good standing order.

All expressed and implied warranties are limited in duration to the limited warranty period. No warranties apply after that period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

Limitations of Liability

Mendax’s responsibility under this, or any other warranty, implied or expressed, is limited to repair, replacement or refund, as set forth above. These remedies are the sole and exclusive remedies for any breach of warranty. Mendax is not responsible for direct, special, incidental, or consequential damages resulting from any breach of warranty under another legal theory including, but not limited to, lost profits, downtime, goodwill, damage to or replacement of equipment and property, and any costs of recovering, reprogramming, or reproducing any program or data stored in or used with a system containing this product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. Any and all disputes arising under or related to this limited warranty shall be adjudicated in the following forums and governed by the following laws: for the United States of America, Canada, North America and South America the forum shall be Plattsburgh, New York, USA and the applicable law shall be that of the state of New York, USA; for the Asia Pacific region, the forum shall be Singapore and the applicable law shall be that of Singapore; for Europe and the rest of the world, the forum shall be London and the applicable law shall be that of the United Kingdom. In the event of any conflict between the English language version and any other translated version(s) of this limited warranty, the English language version shall control.

30-day Satisfaction Guarantee

All Mendax Products carry a thirty day satisfaction guarantee. This guarantee is only available to single product of any model at one time and not to multiple products. This guarantee has been put in place to allow Mendax customers to evaluate Mendax manufactured products with peace of mind. All products that are not deemed satisfactory to the client can be returned to Mendax Microsystems for a full refund within 30 (thirty) days from the date of delivery.

The client will still be responsible to pay any shipping or customs charges for both ship to and ship back. Mendax will only refund, credit the client once Mendax has received the product and has inspected it. All products that have been modified or altered without a consent form from Mendax will be returned to the client at their expense and no refund / credit will be made. Operating Systems cannot be returned.

“Out of the box” Guarantee

Mendax Microsystems Inc. ensures that all products prior to delivery will be tested and checked for any defects and proper functionality. Mendax ensures that all related documents, drivers, cables as listed in the “What’s in the box” section of each product will be included in your package at delivery time. If we do not deliver on this promise, we will credit your account per instance $25.00USD to be used towards your next purchase and a maximum of $25.00USD per product and $250.00USD per order.

Product Restrictions

Certain brands carry restrictions and can only be sold in a specific manner such as:

• Microsoft OEM products can only be sold with a qualifying hardware.
• Cisco branded products can only be sold to the End Users (end user information will be required)

How to Obtain Warranty Service

To obtain warranty service for this Product, you may contact Mendax or your authorized reseller. Please be prepared to provide:

• (1) your name, address, and telephone numbers;
• (2) model name and serial number of the product;
• (3) an explanation of the problem.

[Note: The Customer Service Representative may need additional information from you depending on the nature of the problem.]

In North America: To request warranty service from Mendax, call Mendax at 1-800-963-9329 during the warranty period during normal business hours (Eastern Time), excluding holidays.

In all other countries: To request warranty service from Mendax, call Mendax at 1-514-392-9111 during the warranty period during normal business hours (Eastern Time), excluding holidays.

Any replacement Product is warranted under this written warranty and is subject to the same limitations and exclusions for the remainder of the original warranty period.