The GemmaCert Warranty

The warranty period commences upon the date of purchase by the first end-user purchaser and continuing for the following specified period after that date:

GemmaCert Device: 2 year

GemmaCert Accessories: 6 months

This warranty protects against defects in materials and workmanship from normal use.

WHAT IS NOT COVERED?

This Limited Warranty is conditioned upon proper use of the product. Proper usage, care, and precautions are found in the User Guide included with the product. This Limited Warranty does not cover: (a) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, unless caused by GEMMACERT; (c) defects or damage resulting from excessive force; (d) ordinary wear and tear or normal aging; (e) defects or damage resulting from the use of product in conjunction or connection with accessories, products, or ancillary/peripheral equipment not furnished or approved by GEMMACERT; (f) defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by GEMMACERT, including but not limited to installation of unauthorized software and unauthorized root access, both of which shall void this limited warranty; (g) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source; (h) 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; or, (i) a GEMMACERT product that has been modified to alter functionality or capability without the written permission of GEMMACERT.

LIMITED WARRANTY

IMPORTANT: BY USING YOUR GEMMACERT LTD. (“GEMMACERT”) PRODUCT YOU ARE AGREEINGTO BE BOUND BY THE TERMS OF THE GEMMACERT LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY.

GEMMACERT OBLIGATIONS

During the applicable warranty period, provided the product is returned in accordance with the terms of this Limited Warranty, GEMMACERT will repair or replace the product, at GEMMACERT’s sole option, without charge. GEMMACERT may, at GEMMACERT’s sole option, use rebuilt, reconditioned, or new parts or components when repairing any product, or may replace the product with a rebuilt, reconditioned, or new product.

All replaced products, parts, components, boards, and equipment shall become the property of GEMMACERT. Except to any extent expressly allowed by applicable law, transfer or assignment of this Limited Warranty is prohibited.

TO OBTAIN WARRANTY SERVICE

To obtain service under this Limited Warranty, you must contact GEMMACERT Customer Support at support@gemmacert.com and provide the sales receipt or comparable proof of sale showing the original date of purchase and the serial number of the product. GEMMACERT Customer Service will troubleshoot the product with you. If Customer Service is unable to resolve the product issues and determines the product to be covered by the warranty, a Return Merchandise Authorization will be issued, and you will be asked to mail the product at your own expense to GEMMACERT LTD at: Hamasger 8, Raanana, Israel 43354. If GEMMACERT determines that any product is not covered by this Limited Warranty, you must pay all parts, shipping, and labor charges for the repair or return of such product.

WHAT IS THE PROCEDURE FOR RESOLVING DISPUTES?

Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled amicably between GEMMACERT and the END-USER.

This Limited Warranty shall be governed by and construed in accordance with the laws of the State of Israel without consideration of conflict of laws.

WHAT ARE THE LIMITS ON GEMMACERT’S LIABILITY?

THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF GEMMACERT’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL GEMMACERT BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

Nothing in the product instructions or information shall be construed to create an express warranty of any kind with respect to the product or its capabilities. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of GEMMACERT regarding the products or this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.

SEVERABILITY

If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.