HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY COUNTRY OR PROVINCE (OR STATE BY STATE). OTHER THAN AS PERMITTED BY LAW, EPILOGUE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EPILOGUE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, EPILOGUE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT EPILOGUE'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Epilogue warrants the Epilogue-branded hardware product and Epilogue-branded accessories contained in the original packaging (“Epilogue Product”) against defects in materials and workmanship when used normally in accordance with Epilogue's guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period").
Epilogue’s 1-year limited warranty is a voluntary manufacturer’s warranty and grants rights separate from the rights granted by consumer protection laws within the European Union, including but not limited to those rights relating to non-conforming goods. Therefore, the benefits of Epilogue’s 1-Year Limited Warranty are in addition to and do not replace the rights granted by consumer protection law.
Epilogue’s guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
Please note: All claims made under the Epilogue One-Year Limited Warranty will be governed by the terms set out in this warranty document.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-Epilogue branded hardware products or any software, even if packaged or sold with Epilogue hardware. Manufacturers, suppliers, or publishers, other than Epilogue, may provide their own warranties to you – please contact them for further information. Software distributed by Epilogue with or without the Epilogue brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Epilogue does not warrant that the operation of the Epilogue Product will be uninterrupted or error-free. Epilogue is not responsible for damage arising from failure to follow instructions relating to the Epilogue Product’s use.
This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Epilogue Product’s specifications (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Epilogue Product outside Epilogue’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Epilogue (j) if Epilogue receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Epilogue Product, and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase).
Epilogue may restrict warranty service for hardware products to the country where Epilogue sold the device.
Before receiving warranty service, Epilogue or its agents may require that you provide proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Epilogue's procedures for obtaining warranty service.
EPILOGUE AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION.
Following warranty service your Epilogue Product or a replacement device will be returned to you as your Epilogue Product was configured when originally purchased, subject to applicable updates. Epilogue may install system software updates as part of warranty service that will prevent the Epilogue Product from reverting to an earlier version of the system software. Third party applications installed on the Epilogue Product may not be compatible or work with the Epilogue Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
Important: Do not attempt to open the Epilogue Product or remove any protective caps attached to the Epilogue Product. Opening the Epilogue Product or removing protective caps may cause damage that is not covered by this Warranty. Only Epilogue should perform service on this Epilogue Product.
WHAT WILL EPILOGUE DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Epilogue in accordance with this warranty, Epilogue will, at its option:
(i) repair the Epilogue Product using new or previously used Epilogue genuine parts that have been tested and passed Epilogue functional requirements,
(ii) replace the Epilogue Product with a replacement product of the same model (or with your consent a product that has the same or substantially similar features as the original product – e.g., a different model with the same features, or the same model in a different colour) that is new or comprised of new and/or previously used Epilogue genuine parts and has been tested and passed Epilogue functional requirements, or
(iii) exchange the Epilogue Product for a refund of your purchase price.
Epilogue may request that you replace certain user-installable parts or Epilogue Products. A replacement part or Epilogue Product, including a user-installable part that has been installed in accordance with instructions provided by Epilogue, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an Epilogue Product or part is replaced or a refund provided, any replacement item becomes your property, and the replaced or refunded item becomes Epilogue's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service - https://support.epilogue.co/hc/en-us. If the Epilogue Product is still not functioning properly after making use of these resources, please contact an Epilogue representative. An Epilogue representative will help determine whether your Epilogue Product requires service and, if it does, will inform you how Epilogue will provide it.
WARRANTY SERVICE OPTIONS
Epilogue will provide warranty service through one or more of the following options:
(i) Mail-in service. If Epilogue determines that your Epilogue Product is eligible for mail-in service, Epilogue will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Epilogue product, so that you may ship your Epilogue Product to our location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, Epilogue will return the Epilogue Product to you. Epilogue will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Epilogue Product are followed.
(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Epilogue Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Epilogue requires return of the replaced Epilogue Product or part. Epilogue may require a credit card authorization as security for the retail price of the replacement Epilogue Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Epilogue will offer alternative arrangements for service. Epilogue will ship a replacement Epilogue Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Epilogue Product or part. If you follow the instructions, Epilogue will cancel the credit card authorization, so you will not be charged for the Epilogue Product or part and shipping to and from your location. If you fail to return the replaced Epilogue Product or part as instructed or return a replaced Epilogue Product or part that is ineligible for service, Epilogue will charge your credit card for the authorized amount.
(b) Service where Epilogue does not require return of the replaced Epilogue Product or part. Epilogue will ship you free of charge a replacement Epilogue Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Epilogue Product or part.
(c) Epilogue is not responsible for any labour costs you incur relating to DIY parts service.
Epilogue reserves the right to change the method by which Epilogue may provide warranty service to you, and your Epilogue Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. Epilogue may use Epilogue Products or replacement parts for service that are sourced from a country that is different from the country from which the Epilogue Product or original parts were sourced. You may be responsible for shipping and handling charges if the Epilogue Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Epilogue may repair or replace Epilogue Products and parts with comparable Epilogue Products and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPILOGUE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE EPILOGUE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE EPILOGUE PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. EPILOGUE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY EPILOGUE PRODUCT UNDER THIS WARRANTY OR REPLACE THE EPILOGUE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE EPILOGUE PRODUCT.
SOME COUNTRIES AND PROVINCES (OR STATE BY STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Epilogue reseller, agent or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Epilogue Product purchase took place. Epilogue is identified at the end of this document according to the country or region in which the Epilogue Product purchase took place. Epilogue or its successor in title is the warrantor under this Warranty.