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Blackphone Limited Warranty

Last Updated: Aug 23, 2016 03:12PM UTC
DISCLAIMER: This Limited Warranty does not limit your legal (statutory) rights under your applicable national laws relating to the sale of consumer products.

SGP Technologies ("SGP") provides this Limited Warranty to you who have purchased the SGP product(s) included in the sales package ("Product").

SGP warrants to you that during the warranty period SGP or an SGP authorized service company will in a commercially reasonable time remedy defects in materials, design and workmanship free of charge by repairing or, should SGP in its discretion deem it necessary, replacing the Product in accordance with this Limited Warranty (unless otherwise required by law). This Limited Warranty is only valid and enforceable by you in the country where you have purchased the Product, provided that SGP has intended the Product for sale in that country. Some limitations to the warranty service may apply because of country-specific elements in the Products.

Warranty Period

The warranty period starts at the time of Product's original purchase by the first end-user. The Product may consist of several different parts and different parts may be covered by a different warranty period (hereinafter "Warranty Period"). SGP warrants the Product against defects for a period of twelve months from the date of purchase by the original end user purchaser, except where prohibited by applicable law. This warranty is nontransferable and is limited to the original purchaser. This warranty gives you specific legal rights; you may also have other rights that vary under local laws.

As far as your national laws permit, the Warranty Period will not be extended or renewed or otherwise affected due to subsequent resale or SGP authorized repair or replacement of the Product. However, part(s) repaired or replacement products issued during the Warranty Period will be warranted for the remainder of the original Warranty Period or for sixty (60) days from the date of repair or replacement, whichever is longer.

How to Obtain Warranty Service

If you wish to make a claim under this Limited Warranty, please return your Product or the affected part (if it is not the entire Product) to an SGP authorized service company. You can contact SGP by regular mail, electronic means (such as e-mail) and/or telephone. In order to expedite the process, we encourage you to contact us via e-mail or through other provided electronic means as you may get a more prompt and complete reply from our team.
Any claim under this Limited Warranty is subject to you notifying SGP or an SGP authorized service company of the alleged defect within a reasonable time of it having come to your attention and prior to the expiry of the Warranty Period.
When making a claim under this Limited Warranty you will be required to provide:
  1. The Product (or the affected part) and
  2. The original proof of purchase, which clearly indicates the name and address of the seller, the date and place of purchase, the product type and the IMEI or other serial number.
What is not covered?
  1. This Limited Warranty does not cover user manuals or any third party software, settings, content, data or links, whether included or downloaded in the Product, whether included during setup, assembly, shipping or at any other time in the delivery chain or otherwise and in any way acquired by you. SGP does not warrant that any SGP software will meet your requirements, will work in combination with any hardware or software provided by a third party, that the operation of any software will be uninterrupted or error free or that any defects in the software are correctable or will be corrected.
  2. Warranties, if any, covering third party software and services are the sole responsibility of the makers and providers of such software and services. The terms and conditions of bundled applications shall govern your use of such applications and services.
  3. This Limited Warranty does not cover a) normal wear and tear (including, without limitation, wear and tear of camera lenses, batteries or displays), b) defects caused by rough handling (including, without limitation, defects caused by sharp items, by bending, compressing or dropping, etc.), or c) defects or damage caused by misuse of the Product, including use that is contrary to the instructions provided by SGP (e.g. as set out in the Product's user guide), or d) defects or damaged caused by a malfunction of the included or user-installed software, even if its source is SGP, the user, or a third party, and/or e) other acts beyond the reasonable control of SGP.
  4. This Limited Warranty does not cover defects or alleged defects caused by the fact that the Product was used with, or connected to, any product, accessory, software and/or service not manufactured, or supplied by SGP or was used otherwise than for its intended use. Defects can be caused by viruses from your or from a third party's unauthorized access to services, other accounts, computer systems or networks. This unauthorized access can take place through hacking, password mining or through a variety of other means.
  5. This Limited Warranty does not cover defects caused by the fact that the battery has been short-circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified.
  6. This Limited Warranty is not enforceable if the Product has been opened, modified or repaired by anyone other than SGP or an authorized service center; if it is repaired using unauthorized spare parts; or if the Product's serial number, the mobile accessory date code or the IMEI number has been removed, erased, defaced, altered or are illegible in any way. This shall be determined at the sole discretion of SGP.
  7. This Limited Warranty is not enforceable if the Product has been exposed to moisture, to dampness or to extreme thermal or environmental conditions or to rapid changes in such conditions, to corrosion, to oxidation, to spillage of food or liquid or to influence from chemical products.
Other Important Notices

A third party, independent operator provides the SIM card and cellular and/or other network or system on which the Product operates. Therefore, SGP is not responsible under this warranty for the operation, availability, coverage, services or range of the cellular or other network or system. Before SGP or an SGP authorized service company can repair or replace the Product, the operator may need to unlock any SIM-lock or other lock that may have been added to lock the Product to a specific network or operator. In such situations kindly first contact your operator to unlock the Product.

Before having your device serviced, please remember to make backup copies of all important content and data stored in your Product, as content and data may be lost during repair or replacement of the Product. SGP, in a manner consistent with the provisions of the section entitled "Limitation of SGP’s Liability" below, shall not under any circumstances be liable, either expressly or impliedly, for any damages or losses of any kind whatsoever resulting from loss of, damage to, or corruption of, content or data during repair or replacement of the Product.

All parts of the Product or other equipment that SGP has replaced shall become the property of SGP. If the Product is found not to be covered by the terms and conditions of this Limited Warranty, SGP and its authorized service companies reserve the right to charge a handling fee, besides the costs of replacement materials and/or pieces and a re-stocking fee. When repairing or replacing the Product, SGP may use products or parts that are new, equivalent to new, or re-conditioned.

Your Product may contain country specific elements, including software. If the Product has been re-exported from its original destination country to another country, the Product may contain country-specific elements that are not considered to be a defect under this Limited Warranty.

Limitation of SGP’s Liability

This Limited Warranty is your sole and exclusive remedy against SGP and SGP’s sole and exclusive liability in respect of defects in your Product. This Limited Warranty replaces all of other SGP’s warranties and liabilities, whether oral, written, (non-mandatory) statutory, contractual, in tort or otherwise, including, without limitation, and where permitted by applicable law, any implied conditions, warranties or other terms as to satisfactory quality or fitness for purpose. However, this Limited Warranty shall neither exclude nor limit i) any of your legal (mandatory statutory) rights under the applicable national laws or ii) any of your rights against the seller of the Product.

To the extent permitted by applicable law(s), SGP does not assume any liability for loss of or damage to or corruption of data, for any loss of profit, loss of use of Products or functionality, loss of business, loss of contracts, loss of revenues or loss of anticipated savings, increased costs or expenses or for any indirect loss or damage, consequential loss or damage or special loss or damage.

By purchasing and using this Product you agree to indemnify and hold harmless SGP Technologies, SA and its subsidiaries, successors and assigns against all damages of any kind arising from its use of bundled apps and services.
To the extent permitted by applicable law, SGP’s liability shall be limited to the purchase value of the Product. The above limitations shall not apply in case of gross negligence or intentional misconduct of SGP or in case of death or personal injury resulting from SGP’s proven negligence.

To the extent permitted by applicable law, any disputes arising under this Limited Warranty shall be resolved by binding arbitration between SGP and you.

NOTE: SGP strongly encourages you to familiarize yourself with the user guide and instructions provided with and for the Product. Please also note that the Product may contain high precision displays, camera lenses and other such parts, which could be scratched or otherwise damaged if not handled very carefully.
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