Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause.
Orders placed with Gumstix are non-cancellable and, generally, non-refundable, except in special circumstances or where we have issued an RMA under warranty terms.
In exceptional circumstances, Gumstix may, at its sole discretion, accept returns for items, provided they are unopened in their original packaging, and issue a refund minus a 15% restocking fee. You must have an RMA number before returning a shipment.
Warranty Coverage via RMA
Gumstix products are covered by the Gumstix limited warranty for a period of 90 days from the date such products are delivered to the customer ("Warranty Period").
The customer must ensure that the products of concern are in new condition and not altered in any way. Moreover, the customer must have the original packaging, including anti-static bag and plastic shipping case.
Gumstix warranty coverage must be authorized in advance of the products being returned.
Obtaining an RMA
In order to return products to Gumstix for warranty coverage, a customer must first obtain a Gumstix Return Material Authorization (RMA) number by sending an email to email@example.com in which the following information is provided:
- The name of the original purchaser.
- Gumstix Order Reference No.
- The quantity and type of product(s) that require warranty coverage.
- A technical description of the product failure.
- The work order (W/O) number printed on the white label affixed to the top of the product.
|John Doe||30001||1||Chestnut43 expansion board||Ethernet failed after electrical fault||34678|
|John Doe||100001234||1||Overo Earth COM||COM failed while connected to Chestnut43 during electrical fault||22222|
The cost of shipping the products to Gumstix for warranty coverage belongs to the customer. The customer may choose any method of shipping.
Gumstix will cover the cost of shipping the products back to the customer via UPS.
The customer is also responsible for any duties, customs or fees associated with shipment to or from a non-US location as they relate to warranty coverage.
Products being returned for warranty coverage must be in new condition. The products must be returned in their original packaging including the anti-static, pink bag and their plastic shipping case. If the plastic shipping case is not available, then the products must be packaged and taped securely inside protective bubble wrap.
Any damage to the product Gumstix deems to have been caused by poor packaging during return to Gumstix will void the warranty.
Customers must shipped the products within five business days of the date on which Gumstix issues the RMA. RMA drop-off is not permitted.
The email authorizing the RMA will include the RMA number and the address for returning the package. Please make sure both are clearly marked on the outside of the package to allow receiving and processing at the Gumstix distribution center.
Product Availability for an RMA
Should products returned under warranty coverage need to be replaced, the lead-time is subject to the availability of replacement products.
Notice For Customers Shipping Products From Outside the United States
The customs documents for warranty coverage shipments sent to Gumstix in the United States must clearly state that the goods are neither being exported nor imported, but rather are only IN TRANSIT.
The IN TRANSIT declaration is required in order to avoid import duty when the products enter the United States. Gumstix, Inc. will refuse any shipment without a proper declaration; these shipments will be returned to sender.
(a)Effective November 9, 2010, Company warrants to customer that each product will be free from defects in materials and workmanship for a period of 90 (ninety) days from the date such product is delivered to customer ("Warranty Period"). Products purchased prior to November 9, 2010 will continue to be covered for a period of 30 (thirty) days from the date such product is delivered to customer ("Warranty Period"). Company’s sole liability and Customer’s exclusive remedy for products that fail to conform to this limited warranty ("Nonconforming Products") is limited to repair or replacement of such Nonconforming Products, at Company’s sole option and election. The warranty for the repaired or replaced Product is limited to the scope and remaining duration of the original warranty for the Nonconforming Product. This warranty is contingent upon proper use of the Product in the application for which it was intended and does not apply to any Product that is (i) used in conjunction with any product for which it was not designed or used other than as set forth in the accompanying documentation; or (ii) subjected to unusual physical or electrical stress, misuse, neglect, negligence, damage during shipping, improper testing or storage, or unauthorized repair, modification or alteration.
(b) The above warranty is for Customer’s benefit only, and is non-transferable. OTHER THAN AS EXPRESSLY SET FORTH IN SECTION (a) ABOVE, COMPANY MAKES NO WARRANTIES, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) Return of Nonconforming Products must be made according to Company’s then-current return and RMA policies.
HIGH RISK ACTIVITIES.
The Products are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, medical devices, direct life-support machines, or any other application in which the failure of the Product could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). The Company expressly disclaims any express or implied warranty of fitness for High Risk Activities.
LIMITATION OF LIABILITY
COMPANY’S LIABILITY TO CUSTOMER ARISING OUT OF OR RELATING TO ANY PRODUCT SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO COMPANY FOR SUCH PRODUCT. IN NO EVENT WILL COMPANY BE LIABLE FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THE FOREGOING LIMITA-TIONS SHALL APPLY REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.