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Hardware Policies and Limited Warranty Agreement

Effective Date: xxx
Posted Date: xxx

This Hardware Policy and Limited Warranty applies to Touchpoint, Inc. and our Affiliates (collectively, “Touchpoint,” “we,” “us” or “our”) and Customer (“you,” or “your”) purchase of Touchpoint hardware (the “Products” or “Hardware”) from Touchpoint. As used herein, the term Products does not include Software sold or provided separately.

1.           Shipping.  We will ship Products using a carrier selected by us. While we will try to meet your shipment and delivery dates, we may be unable to do so in the event of low Product inventory. In addition, many events beyond our control can affect the delivery of your Products after we provide it to the carrier. Therefore, we are not liable for late shipment or delivery or any loss, damage, or penalty you incur from any delay in shipment or delivery.

2.           Returns.  If you are not fully satisfied with your purchase, you may return your Products within thirty (30) days of delivery so long as they are in their original condition and packaging and you enclose the original packaging slip. You must return all Products, cords, cables, parts and documentation that were included with the original package. Refunds will be applied to the original purchase method. Only Products purchased directly from Touchpoint can be returned to Touchpoint. Products you purchase through our authorized reseller partners must be returned in accordance with their respective return policies.

3.           Availability.  From time to time, we may be unable to manufacture or obtain a sufficient supply of Products. In addition, there may be occasions when we confirm your order but subsequently learn that we are unable to supply your Products. Therefore, we reserve the right at any time to limit or change quantities available for purchase or to cancel your order. If we cancel your order, we will refund your purchase price in full.

4.           Limited Warranty.  Touchpoint warrants your Touchpoint Hardware against defects in materials and workmanship under normal use. The Touchpoint Local Cloud device is warranted for a period of twelve (12) months from the shipping date. Touchpoint will replace such defective Touchpoint Hardware at no cost to you. However, you must return the defective Touchpoint Hardware to Touchpoint at the designated address and in the designated box, with power supply and cables included, within fourteen (14) days of receiving your replacement Touchpoint Hardware. You will be asked to provide a payment card number to Touchpoint when you initiate a warranty-based return. In the event you fail to return your defective Touchpoint Hardware pursuant to the process and timeframe specified by Touchpoint, Touchpoint will charge the card you provided when you initiated your warranty-based return. This is your sole and exclusive remedy for breach of this limited warranty. This limited warranty is only available to you as the original purchaser of the Touchpoint Hardware. Warranty coverage is transferable as part of a location sale or transfer, where the Service ID (pgxxx) remains the same. To initiate a warranty-based return, contact support@touchpoint.io

This limited warranty does not apply to Touchpoint Hardware that has been subject to alteration, repair, tampering, accident, theft, vandalism, negligence, drops, liquid, abuse, misuse, fire, non-standard power events (including voltage spikes, or inadequate grounding), excessive internal temperatures over 65C, Force Majeure (including, but not limited to, earthquake, flood, hurricane, lightning, tornado or acts of God) incorrect installation (including failure to install with suitable battery backup system) or other external causes. This limited warranty does not apply to any Third-Party Hardware, any consumable parts, including batteries, or any software, even if resold or included with the Touchpoint Hardware. All Third-Party Hardware resold or included by Touchpoint is provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its Product. For service, support, or warranty assistance, you should contact the manufacturer directly.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY TOUCHPOINT OR THIRD-PARTY PRODUCT. ACCORDINGLY, TOUCHPOINT EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED, TOUCHPOINT LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION AND REMEDY OF THIS LIMITED WARRANTY. IN NO EVENT WILL TOUCHPOINT BE LIABLE FOR ANY LOSS OR DAMAGE OR FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES HOWEVER CAUSED ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY TOUCHPOINT OR THIRD-PARTY PRODUCTS, INCLUDING LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF GOODWILL, OR LOSS OF REPUTATION.