LIMITED WARRANTY – NON-CARTRIDGE PRODUCTS

1.1 Interpretation

(a) “SmartX HUB” (and “We”, “Us” or “Our”) means, collectively, SmartX Technology Inc., an Florida- USA corporation, and its affiliates.

(b) “Product” means any SmartX HUB device You own or lease, including base units, bridges, excluding cartridges.

(c) “Service” means any service We provide to You in connection with your SmartX HUB service plan.

(d) “You” or “Your” means you as an individual or, if you are acting on behalf of a business, then both the business and you as an individual.

(e) Capitalized terms not otherwise defined in this Schedule have the meanings given to them in the Agreement. Unless otherwise stated, references to Section numbers refer to Section numbers in this Schedule.

(f) Any reference in this Schedule to gender includes all genders. Words importing the singular number only include the plural and vice versa. Where a term is defined, a grammatical variation of that term will have a corresponding meaning.

(g) In this Schedule (i) the words “including”, “includes” and “include” mean “including (or includes or include) without limitation”, and (ii) the phrase “the aggregate of”, “the total of”, “the sum of”, or a phrase of similar meaning means “the aggregate (or total or sum), without duplication, of”.

1.2 Limited Warranty

(a) You may either purchase or lease the SmartX HUB non-cartridge products (“Products”) There are two (2) other types of Products: some customers have purchased their Products outright (“Purchased Products”); and some customers have leased their Products (“Leased Products”).

(b) SmartX HUB offers a limited Product warranty on all Purchased Products (“Limited Warranty”) to the original purchaser that the applicable non-cartridge Product will be free from non-conformities in materials and workmanship for a period of one (1) year  from the date of the Product’s first-time activation. For Leased Products, SmartX HUB offers a Limited Warranty for the duration of the lease term. Upon receipt of a defective non-cartridge Product (“Defective Product”) during the Limited Warranty period, SmartX HUB’s sole obligation under this Limited Warranty is to, at SmartX HUB’s option, repair or replace a Defective Product with a new or remanufactured Product (“Repaired Product”), at no cost to the original purchaser.

(c) The Limited Warranty will be considered VOID if the Products are found to have been subjected to repairs not authorized by SmartX HUB, or if it has been modified, neglected, improperly maintained, misused, abused, accidentally damaged (such as exposure to water or otherwise), or the appearance of the Products reveals damage caused by a failure to provide proper maintenance. SmartX HUB does not warrant damage occurring in transit and does not warrant claims asserted after the end of the Limited Warranty period.

TO REQUEST WARRANTY REPAIRS ON YOUR WARRANTY CLAIM, PLEASE REFER TO THE RETURN AUTHORIZATION PROCESS SECTION BELOW

(d) For all warranty repairs to Purchased Products, SmartX HUB offers a Purchased Product repair warranty (“Product Repair Warranty”) on each Repaired Product that it will be free from non-conformities in materials and workmanship for a period of ninety (90) days or the balance of Your original Limited Warranty, whichever is greater.

(e) Repaired Products will be shipped back to You with SmartX HUB paying the return shipping charges using a non-expedited shipping service. If You require a priority shipping service, SmartX HUB will quote You the fees for this service.

(f) During the Limited Warranty period, should You require an advanced replacement of a defective non-cartridge Product (“Advanced Replacement”) You must: (i) be the original purchaser and/or company; (ii) provide original proof of purchase (i.e. invoice); and (iii) return the defective product to SmartX HUB within sixty (60) days of submitting a claim (“Return Period”) under the Limited Warranty using SmartX HUB’s return merchandise authorization process (“RMA”).

(g) To request an Advanced Replacement, You must contact SmartX HUB for an RMA number prior to shipment. If Your request is authorized, SmartX HUB will provide You with a shipping address and other instructions as appropriate. Failure to request an RMA number will result in Your shipment being rejected by SmartX HUB. Label Your shipment documentation with the statement “Returning merchandise to the manufacturer”. SmartX HUB is not responsible for customs or brokerage charges associated with Your shipment. Send Your product, postage prepaid, to SmartX HUB. All Advanced Replacement requests must be accompanied by a brief note describing the difficulty You are experiencing with the product You are returning in as much detail as possible.

(h) Because, under the Advanced Replacement, SmartX HUB sends a replacement product out to You before receiving the defective product, SmartX HUB requires You to provide financial information, that will allow SmartX HUB to invoice or otherwise charge You if You do not return defective products within the Return Period, before a replacement product is shipped. You shall provide financial information including, name, billing address and accounts payable contact information along with one of the following verified payment methods: (i) credit card, which SmartX HUB will use to place a “hold” for the value of the replacement product; (ii) an “open” purchase order (“PO”) for the replacement product; including, cost codes and approvers name as per company’s payment requirements. In each case, the Your financial information will be held by SmartX HUB and used only pursuant to section 1.2(d).

(i) SmartX HUB will charge You if You: (i) fail to return the defective product to SmartX HUB within the Return Period; (ii) the SKU number of the returned product does not match that of the registered product or the replacement product; (iii) the defective product is returned with missing components; or (iv) the returned product is defective as a result of damage from accident, abuse, misuse, negligence, fire, water, or other acts of nature, the use of the product with any accessories or options not provided by SmartX HUB or its authorized agents, or the repair or alteration of the product by anyone other than SmartX HUB or its authorized agents. SmartX HUB’s Product Warranty does not extend to a failure of any product due to a cause described in this section 1.2(d)(iv). If SmartX HUB determines that the returned product is defective due to an event described in this section 1.2(d)(iv), customer shall be deemed to have placed an order for a replacement product, with payment to be made using the customer’s financial information provided as set out in section 1.2(c). SmartX HUB expressly disclaims all liability for delays in shipping or any consequential damages resulting from the loss of use of the product. If You have any unpaid invoices associated with Your account and/or You fail to comply with any of the terms set out in this Advanced Replacement, then You shall be disqualified from receiving any future Advanced Replacement Products.

(j) SmartX HUB reserves the right to change or improve its Products without obligation to notify any person or organization of such changes or improvements. Visit the Site for current updates and information concerning the use and operation of Products.

1.3 Extended Warranty

For some Purchased Products, You may choose to purchase an extended Product warranty (“Extended Warranty”) that supplements the original Limited Warranty. Some Purchased Products may be bundled with an Extended Warranty. All Extended Warranties extend the Limited Warranty by the term associated with the purchased or bundled Extended Warranty. The Extended Warranty coverage is identical to that of the Limited Warranty coverage noted above. Extended Warranty is only available for Purchased Products.

1.4 Return Authorization Process

(a) To request repairs on a non-cartridge Product, You must contact SmartX HUB for a return authorization number (“RMA Number”) prior to shipment. When authorized, SmartX HUB will provide You with a shipping address, the RMA Number, and other instructions as appropriate. Failure to request an RMA Number will result in Your shipment being rejected by SmartX HUB.

(b) You must label its shipment documentation with the statement “Returning merchandise to the manufacturer for repair”. SmartX HUB will not be responsible for customs or brokerage charges due to shipment. Any such fees will be charged to You prior to releasing its repaired or replaced Product for return shipment to You. All warranty repair returns must be accompanied by a brief note describing the difficulty You are experiencing with the Product in as much detail as possible.

1.5 Purchased Product Refunds and Exchanges

If You are dissatisfied with a non-cartridge Purchased Product, You may return it to the same location where it was purchased within ten (10) days of its purchase date. An exchange will be provided, at that point of purchase, for Purchased Products that were defective upon purchase and are returned with complete packaging and contents, and proof of purchase.