1. Definition of Terms
As used in this warranty policy, Product means any hardware manufactured for or by ProStar bearing the ProStar trademark, trade name, or logo that is purchased directly from ProStar or a ProStar Authorized Reseller.
An Original Purchaser is any consumer that purchases and has possession of a Product directly from ProStar or from a ProStar Authorized Reseller.
An Authorized Reseller is any retail store that has an agreement to purchase Products direct from ProStar on an ongoing basis for resale.
An End User is the ultimate consumer of the Product and constitutes anyone who owns and uses a ProStar Product.
Date of Original Retail Purchase is the date the Original Purchaser bought the Product from ProStar or an Authorized Reseller.
2. Scope of Warranty
PROSTAR WARRANTS this ProStar hardware Product against defects in merchandise and workmanship for a period of ONE (1) YEAR from the Date of Original Retail Purchase.
a. Products Covered
This warranty applies only to hardware Products manufactured by or for ProStar that can be identified by the "ProStar" trademark, trade name, or logo affixed to them. ProStar provides no warranty whatsoever for any software provided with its Products; such software is warranted separately by their manufacturers. ProStar does not warrant any products that are not ProStar Products. This warranty does not apply if the Product has been damaged by accident, abuse, misuse, or misapplication; if the Product has been modified without the written permission of ProStar; or if any ProStar serial number has been removed or defaced.
b. Service Procedures
If you discover a defect, ProStar will, at its option, repair, replace or refund the purchase price of this Product at no charge to you, provided you return it during the limited warranty period, and provided you obtain a Return Merchandise Authorization (RMA) number prior to shipping your defective Product. The RMA number must appear plainly on the outside of the shipping packaging. RMA numbers can be obtained by calling or writing ProStar at the address and phone numbers printed on this certificate. For each Product returned for warranty service, please attach your name, address, telephone number, RMA number, and a copy of your bill of sale bearing the appropriate ProStar serial numbers as proof of Date of Original Retail Purchase.
It is your responsibility to complete a backup of all existing data and programs on ProStar Products prior to returning the Product to ProStar for repair under this warranty. PROSTAR WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS.
Prostar will pay for UPS Ground Shipping both ways for returned products. THIS APPLIES TO END USERS IN THE CONTINENTAL UNITED STATES OF AMERICA ONLY (EXCLUDING PUERTO RICO, ALASKA, HAWAII, AND U.S. POSSESSIONS AND TERRITORIES). OTHERWISE, YOU ARE RESPONSIBLE FOR SHIPPING THE PRODUCT TO OUR REPAIR FACILITY AND WE WILL SHIP THE PRODUCT BACK TO YOU FREIGHT COLLECT.
Prostar will pay for UPS Canada Ground shipping both ways for returned products. THIS APPLIES TO END USERS WHO LIVE IN CANADA AND PURCHASE PROSTAR LAPTOP ON-LINE (WWW.PRO-STAR.COM) AFTER JULY 10, 2009.
FOR END USERS WITH A FPO OR APO ADDRESS, YOU ARE RESPONSIBLE FOR SHIPPING THE PRODUCT TO OUR REPAIR FACILITY AND WE WILL SHIP THE PRODUCT BACK TO YOU BY UNITED STATES POSTAL SERVICE.
PROSTAR RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR SHIPPING COSTS IF IT IS APPARENT THE PROBLEM IS NOT COVERED BY THIS LIMITED PARTS AND LABOR WARRANTY.
c. Lifetime Free Technical Support
PROSTAR WILL PROVIDE telephone or email technical assistance to the ORIGINAL PURCHASER of a ProStar Product for as long as the Original Purchaser continues to possess the Product. All "Third-Party" software and peripherals are not covered by this Lifetime Free Technical Support. They are supported by their original manufacturers.
3. ProStar's Limited Warranty Obligations are Limited to the Terms Set Forth Below:
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. PROSTAR SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO PROSTAR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.
PROSTAR IS NOT RESPONSIBLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH PROSTAR PRODUCTS.
Some states do not allow the exclusion or limitation of incidental or consequential damages or exclusions of implied warranties, so the above limitations or exclusions may not apply to you. This warranty gives you specific rights, and you may also have other rights that vary from state to state.
4. Governing Law
This limited warranty policy shall be governed by and construed in accordance with the laws of the State of California. Any litigation under this agreement shall be resolved in the trial courts of Los Angeles County, State of California, which shall have exclusive jurisdiction on this matter.