Limited Warranty and Support
Limited Warranty and Support Policy
Kymeta Corporation (“Kymeta”) provides a limited warranty and support (“Limited Warranty and Support”) that the Kymeta Hawk™ u8, Hawk™ u8 LEO, Goshawk™ u8, Osprey™ u8, Peregrine™ u8 LEO (“Product”) will be free from significant defects in materials and workmanship for the period set forth below.
Limited Warranty and Support Term
The Limited Warranty Term is for a period of twelve (12) months starting from the earlier of the date of activation or 120 days from shipment.
Exceptions to Limited Warranty and Support
This Limited Warranty will not apply where the Product has been subjected to any of the following:
- Abuse, misuse, neglect, negligence, or accident;
- Improper testing, installation, storage, or handling;
- Abnormal physical stress or environmental conditions;
- Any use outside of any instructions provided by Kymeta;
- Any attempt to disable, disassemble, decompile, reverse engineer, reconstruct, modify, repair or alter (including cosmetic alterations, such as coatings, covers, films, or chemical treatments) the Product;
- Any use of software, hardware, or products not previously approved by Kymeta for use with the Product;
- Any attempt to remove, alter or obscure any warranties, disclaimers, warning labels, or intellectual property notices from the Product;
- Any attempt to copy or create derivative works or improvements of the Product; or
- Any use of the Product that infringes or violates the intellectual property rights of Kymeta or any other third party.
THE EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY IS REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT WITH A NEW OR REFURBISHED PRODUCT, AT KYMETA’S SOLE DISCRETION, CONDITIONED ON CUSTOMER’S COMPLIANCE WITH THESE TERMS AND THE LIMITED WARRANTY PROCEDURE. EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY, THE PRODUCT IS PROVIDED “AS-IS” AND ANY OTHER WARRANTIES WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, AND INCLUDING ANY WARRANTIES OR CONDITIONS OF PRODUCT LIABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, AND WORKMANLIKE EFFORT ARE EXCLUDED.
Requirement for Limited Warranty and Support
Your Product and any other Kymeta peripheral products you purchase (“Peripherals”) must be connected, configured, and routed to allow for the transfer and receipt of data to and from the Kymeta servers to accommodate any Limited Warranty and Support requests. At a minimum, your connection must be able to support TCP ports 443 and 22. The connection is required in order for Kymeta to enable provisioning of, provide customer and Limited Warranty support to, and to facilitate performance improvements to your Products and Peripherals. The Product must be registered in the Kymeta™ Access portal.
Limited Warranty and Support Procedure
- Contact the party you purchased this Product from for warranty support.
- Kymeta must be notified in writing of any claimed defect within 15 days of discovery of the defect before the expiration of the Limited Warranty and Support Period. You will be required to provide information requested by Kymeta regarding the claimed defect.
- Kymeta will first attempt to provide remote assistance for any claims.
- If remote assistance does not resolve the claim, Kymeta will provide you with a return materials authorization number, shipping instructions, and other information before you can ship the Product to Kymeta.
Extended Warranty Period
All Kymeta u8 terminals come with the Warranty and Support plan for the first year pursuant to the Kymeta Maintenance and Support Agreement. An Extended Warranty and Support plan may be purchased for years two and three. An Extended Warranty and Support plan may also be purchased within 30 days of the plan expiring. The maximum Warranty and Support period is three years (Year 1 included with initial terminal purchase + optional 2 years).