Last updated: 02/08/2018

Finch Technologies, Ltd. (“Finch”, “we”, “us” or “our”) warrants the FinchDash DK, FinchShift DK hardware product (“FinchDash”, “FinchShift” or “Product”) against material defects in materials and workmanship for a period of one (1) year from the date of purchase (“Warranty Period”) by the purchaser (“you”). This Warranty cannot be assigned or transferred to any subsequent purchaser or user and is not available for products that were purchased, used or from any source other than Finch’s Service.

The Product is a development (test) kit and should be regarded as experimental hardware. As such the Product may have defects that were not apparent to Finch. Finch will notify you about any known issues or defects before shipment. However, the Product will be tested before shipment by our quality control inspection. The Product is in no circumstance intended for personal use.

You are responsible for inspecting the Product upon delivery. If the Product is defected or malfunctioning, you shall notify Finch without delay. Please indicate your order number, found in the Acceptance email received when ordering and your contact information (name and address) through an email sent to the Finch support team (support@finch-vr.com).

General

This Warranty covers defects and malfunctions in the Product. We warrant that the Product will, under normal and intended use, function substantially in accordance with our technical specifications or accompanying product documentation (“Warranted Functionality”) during the Warranty Period. In our sole discretion we may update, modify or limit software or services accompanied by the Product.

If your Product is defective or malfunctioning, we will either repair or replace that Product or update software or services, so that the Product performs according to the Warranted Functionality.

In order to determine whether the defect or malfunctioning of the Product is covered by this warranty we may request additional information (videos, pictures, a detailed description of the warranty case, etc). If these do not provide enough information, we may request that  you send the Product to us, in which case, we will arrange a pick up for you. If you send the Product for inspection, you agree to transfer the ownership of the Product to Finch. When we receive the Product, we will determine if there is a defect or malfunction covered by this Warranty.

If we find a defect or malfunction covered by the Warranty, we will repair or replace the Product to provide Warranted Functionality, Any replaced Product will continue to be covered by this Warranty for the remainder of the original Warranty Period. A maximum of two incidents which require a replacement will be permitted during the Warranty Period.

Limitation of Liability

Finch will not be liable for any special, direct, indirect, incidental or consequential damages whatsoever, arising from the use or service of the Product. In addition, Finch will not be liable for any loss of profits, revenue or data (whether direct or indirect) or commercial loss for breach of any explicit or implied warranty of your product, even if Finch has been advised of the possibility of such damages. Except where prohibited by law, the warranty and reparations described here are exclusive and cancel all other warranties, reparations and conditions, whether oral, written, explicit, statutory or implied.

Some jurisdictions do not allow the exclusion or limitation of special, indirect or consequential damages, so the above limitation or exclusion may not apply to you.

The Product is not intended for control, whether direct or indirect, of or use with industrial, commercial, military or medical equipment and is not intended for any use where failure or fault of the product could directly or indirectly cause risk or damage to life or property. This warranty will not apply if the product is used in such manner. Any such use is entirely at the user’s discretion and risk. Any such user will be solely responsible for any loss, liability or damages resulting from such use.

This warranty is not applicable to:

• Any deterioration of the physical appearance of the Product due to normal wear and tear;
• Damage caused by misuse, accident (accidental physical impact, exposure to liquid, food or other contaminants, etc.), neglect, abuse, alteration, improper or unauthorized repair or modification, tampering or use with unsuitable equipment, devices, software, services or other unauthorized third-party items;
• Malfunctions caused by issues with the electrical current, that are not the fault of the Product;
• If the Product is not used in accordance with the product documentation;
• Used or resold products;
• Products purchased from sources other than Finch’s Service
• Use of the Product in violation of any laws, regulations or ordinances in effect, where the Product is used;
• Features or performance parameters pertaining to any software or services beyond the Warranted Functionality of the Product.

This Warranty does not include any specific guarantees that the Product will be error-free in regards to uptime or continued availability, that the data security features of the software or that any software or firmware itself, will function uninterrupted or error-free. This limited warranty is void if the Product is returned with removed, damaged or tampered labels or any alteration (including the unauthorized removal of any component or external cover).

This Warranty does not cover data loss. It is your responsibility to backup your data, electronically or physically, on a regular basis if you wish to retain your data. Any damages or costs related to data recovery, removal and installation are not recoverable under this Warranty. In this limitation of liability, Finch does not extend any implied or statutory warranties, conditions or representations regarding the Product or any connected software or online services.

Finch disclaims any liability for malfunctioning products due to improper use of the products. Such improper use includes but is not limited to; damage caused by the products being dropped, badly handled or damage caused by exposing the Product to other temperatures or humidity conditions other than those recommended in the product documentation. Improper use also includes modifications, reengineering, copying and other changes to the software that breach Finch’s intellectual property rights.