MANUFACTURER’S LIMITED HARDWARE AND LABOR WARRANTY & AGREEMENT
This Manufacturer’s Limited Hardware and Labor Warranty & Agreement (“Warranty”) is an agreement between you and KTB PCs Inc. (“KTB PCs”).
BY PURCHASING OR USING YOUR KTB PCs PRODUCT, YOU AGREE TO THIS WARRANTY. PLEASE READ AND SAVE A COPY FOR YOUR RECORDS. IF YOU DO NOT ACCEPT THIS WARRANTY, DO NOT USE YOUR KTB PCS PRODUCT AND RETURN IT UNUSED TO KTB PCS. IF YOU RETURN IT, THIS WARRANTY WILL GOVERN WHAT OCCURS BEFORE YOUR RETURN.
RELATION TO CONSUMER LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND IS IN ADDITION TO, NOT IN PLACE OF, ANY RIGHTS YOU MAY HAVE UNDER CONSUMER OR OTHER LAWS APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR BY PROVINCE OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, KTB PCs DOES NOT EXCLUDE, LIMIT, OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NON-COMFORMITY OF A SALES CONTRACT.
1. Definitions
(a) “KTB PCs Product” means a KTB PCs hardware product, or a replacement part sold separately, purchased from KTB PCs.
(b) “Normal Use Conditions” means ordinary consumer use under normal conditions according to the instruction manual, technical specifications, and any other support documentation provided by KTB PCs.
2. Duration
Without prejudice to any legal (statutory) rights to which you may be entitled under your local law, this Warranty lasts for two years from the date of original purchase from KTB PCs or an authorized reseller, unless the KTB PCs product was built with used parts (as noted in the product listing) in which case, this Warranty lasts for six months from the date of original purchase.
3. Territory
This Warranty is valid only in the United States.
4. Warranty
(a) KTB PCs warrants that the KTB PCs Product will not malfunction due to a defect in materials or workmanship under Normal Use Conditions.
(b) Subject to your legal (statutory) rights under your local law, this Warranty is the only guarantee, warranty, or condition KTB PCs gives for your KTB PCs Product. No one else may give any guarantee, warranty, or condition on KTB PCs’ behalf.
(c) Shipping costs to KTB PCs are the responsibility of the buyer; shipping costs from KTB PCs are the responsibility of KTB PCs.
(d) IF YOUR LOCAL LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS THE SAME AS THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. How to Get Warranty Service
Prior to providing warranty service, KTB PCs or its agents may require you to provide proof of purchase for the KTB PCs Product.
(a) Before starting the warranty process, please contact support@ktbpcs.com for troubleshooting tips.
(b) If the troubleshooting tips do not resolve your problem, your support contact will help initiate the warranty process.
(c) Back up your Data or Applications and Delete Confidential Information. Before sending your KTB PCs Product to KTB PCs for service, be sure to:
i. KEEP A COPY OF ANY DATA OR APPLICATIONS YOU WANT TO SAVE. KTB PCS IS NOT RESPONSIBLE FOR YOUR DATA OR APPLICATIONS AND WILL ERASE THEM; AND
ii. DELETE ANYTHING YOU CONSIDER CONFIDENTIAL. KTB PCS IS NOT RESPONSIBLE FOR THE CONFIDENTIALITY OF YOUR INFORMATION IF YOU LEAVE THAT CONFIDENTIAL INFORMATION ON YOUR DEVICE.
Warranty service is available only in the United States.
6. KTB PCs’ Responsibility
(a) If KTB PCs determines that the KTB PCs Product malfunctioned under Normal Use Conditions during the warranty period due to a defect in materials or workmanship, KTB PCs will (at its option) repair or replace it or the defective part or refund the purchase price in exchange for the return of the KTB PCs Product, unless a mandatory provision of your local law provides otherwise. Unless a mandatory provision of your local law provides otherwise, repair may use new or refurbished parts and replacement may be with a new or refurbished unit. When replacing the unit, KTB PCs may use either the same unit model or, if unavailable, the model nearest to the original model’s form, functionality, performance, and color, in KTB PCs’ sole discretion.
(b) Unless a mandatory provision of your local law provides otherwise, after repair or replacement, your KTB PCs Product will be covered by this Warranty for the longer of the remainder of your original warranty period or 90 days after KTB PCs ships it to you.
(c) UNLESS A MANDATORY PROVISION OF YOUR LOCAL LAW PROVIDES OTHERWISE, KTB PCS’ RESPONSIBILITY TO REPAIR OR REPLACE YOUR KTB PCS PRODUCT, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY.
(d) Subject to your local law, if your KTB PCs Product malfunctions after two years (or other time in Section 2) from the date of original purchase or if your KTB PCs Product is otherwise excluded from this Warranty, KTB PCs may charge you a fee for its efforts (whether successful or not) to diagnose and service any problems with it.
7. Warranty Exclusions
To the extent permitted by your local law, KTB PCs is not responsible, and this Warranty does not apply (and KTB PCs may not offer service even for a fee) to:
(a) a KTB PCs Product not purchased from KTB PCs or an authorized reseller;
(b) damage caused by any external cause (including, for example, by being dropped, exposed to liquid, or used with inadequate ventilation);
(c) damage caused by use not in accordance with the user manual, technical specifications, or any other instruction KTB PCs provided;
(d) damage caused by repairs or modifications done by someone other than KTB PCs or an authorized service provider, or damage caused by using different parts than those supplied;
(e) scratches, dents, other cosmetic damage, or damage reasonably expected as a result of normal wear and tear;
(f) damage caused by hacking, cracking, viruses or other malware, or by unauthorized access to services, accounts, computer systems, or networks; or
(g) damage caused by CPU, GPU, or RAM overclocking (other than the use of XMP and/or EXPO profiles provided with the BIOS)
This Warranty applies only if your KTB PCs Product is used with the operating system KTB PCs pre-installed in your KTB PCs Product, or any later version of that operating system.
This Warranty does not apply to any software distributed by KTB PCs with the KTB PCs Product.
KTB PCs does not guarantee that your use of the KTB PCs Product will be uninterrupted, timely, secure, or error-free, or that data loss will not occur.
8. Exclusion of Certain Damages and Limitation of Liability
UNLESS OTHERWISE PROVIDED UNDER YOUR LOCAL LAW, KTB PCS IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE YOUR KTB PCS PRODUCT. THESE EXCLUSIONS APPLY EVEN IF KTB PCS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY YOUR LOCAL LAW, IF YOU HAVE ANY BASIS FOR A REMEDY BEYOND REPAIR, REPLACEMENT, OR REFUND—SEE SECTION 6(c), KTB PCS’ LIABILITY TO YOU CAN BE NO MORE THAN THE PURCHASE PRICE PAID FOR THE KTB PCS PRODUCT (AS APPLICABLE).
9. Additional Terms
All parts of this Warranty apply to the maximum extent permitted by your local law or unless prohibited by your local law. If a court or arbitrator holds that KTB PCs cannot enforce a part of this Warranty as written, those parts shall be deemed replaced with similar terms to the extent enforceable under the relevant law (or where a local court or arbitrator will not amend this Warranty, such part will be severed), but the rest of this Warranty won't change.
10. Choice of Law
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the State where you live (or, if a business, where your principal place of business is located) govern the interpretation of this Warranty, claims for breach of it, and all other claims (including consumer protection, unfair competition, implied warranty, and tort claims), regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration.
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