Sourcenext warrants to the Original Purchaser (as defined below) that the Pocketalk Device and Included Accessories (collectively, the “Product”) shall be free from defects in materials and workmanship under normal use for a period of two (2) years from the date of purchase (the “Warranty Period”) for residents of the European Economic Area (EEA) and Switzerland.
If such a defect arises and a RMA request is received by Sourcenext within the Warranty Period, Sourcenext will, at its sole discretion and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This limited warranty is valid only in the jurisdictions where the Products are sold by Sourcenext itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.
Obtaining Warranty Services
To obtain warranty service, a RMA must be requested from Sourcenext’s Customer Service team. To request a RMA, please contact Customer Service here . The RMA must be included along with the Product, otherwise Sourcenext may reject the Product. You must deliver the Product, in either its original packaging, or packaging providing equivalent protection, to the address specified by Sourcenext. Sourcenext may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. For more specific instructions on how to obtain warranty service on your Product, visit the Sourcenext Product Help .
Exclusions And Limitations
- Sourcenext does not warrant that the operation of the Product will be uninterrupted or error-free.
- This limited warranty does not cover software embedded in any Product or any related services provided by Sourcenext. See the Sourcenext Terms of Service for details of your rights with respect to use of the software and related services.
- This limited warranty applies only to the Original Purchaser. The “Original Purchaser” is the original end user purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Sourcenext that can be identified by an authorized Sourcenext trademark, trade name, or logo affixed to it (for example, an authorized POCKETALK mark). For clarity, a reseller is not considered an Original Purchaser. Any use of the word ‘you’ in this Warranty must be understood as referring to an Original Purchaser.
- Without limiting the foregoing, this limited warranty does not apply to any (a) Sourcenext products and services other than the Products, (b) non-Sourcenext products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Sourcenext reasonably believes to be, stolen, (d) consumables (such as batteries), (e) software, even if packaged or sold with the Product or embedded in the Product, or (f) Sourcenext accessories other than the Included Accessories.
- This limited warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Sourcenext, nor does it apply to any cosmetic damage such as scratches and dents.
- This limited warranty also does not apply to damage or defects caused by (a) use with non-Sourcenext products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake, or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Sourcenext, (ii) not in accordance with instructions provided by Sourcenext, or (iii) with improper voltage or power supply.
- No Sourcenext reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this limited warranty. Any such amendment is not binding upon Sourcenext.
Should any conflict, disagreement or dispute between Sourcenext and you arise relating to the functioning of the Product, Sourcenext reserves the right to require proof of the defect if notified at a date six months or later than the date of purchase.
To the extent permitted by law, this limited warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. Sourcenext disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, Sourcenext limits the duration and remedies of such warranties to the duration of this express limited warranty. some jurisdictions do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you. in addition, consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods that are not waivable by contract. these rights are not affected by this limited warranty.
Limitation Of Liability
Except to the extent prohibited by applicable law, Sourcenext shall not be liable for any incidental, indirect, special, or consequential damages, including, without limitation, loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition or under any other legal theory, even if Sourcenext has been advised of the possibility of such damages. some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Pocketalk Return Policy and Limited Warranty is governed by the laws of the Netherlands without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Any disputes regarding the terms of this Warranty shall be submitted to the competent court in Amsterdam.
Effective Date: April 30, 2020