Warranty

LIMITED WARRANTY

Limited Standard Warranty Term:

Trago, Inc. (“Trago”) warrants that the Trago device (“Product”) to be free from defects in materials and workmanship under the Product’s intended use for a period of one year (1) from the date of purchase (“Warranty Period”) by the original purchaser (“Purchaser”).

Standard Warranty Limitations:

Trago’s obligation under this warranty is limited to Product(s) purchased from www.trago.co and manufactured by or for Trago that can be identified by an authorized “Trago” trademark, trade name or logo affixed such Product. This Limited Warranty does not apply to consumables (such as batteries) or software, even if such software is packaged or sold with the Product or embedded in the Product. Please refer to the Terms of Service that accompany the Trago mobile application for details on Purchaser’s right with respect to such software. Trago’s entire obligation under this warranty is further limited to repairing the Product, using new or refurbished parts, or replacing the Product with a new or refurbished Product, at Trago’s sole option. If Trago, in its sole discretion, determines it is not reasonable to replace the defective Product, Trago may refund the purchase price to the Purchaser. Any replacement Product shall be warranted for the remainder of Warranty Period or thirty (30) days, whichever is longer.

This warranty does not apply to a Product or Product part that has been damaged by accident, by whatever cause, or negligence or if the Product has been altered or modified (e.g. altered functionality or capability) in any way or if the Product is inserted or installed in a casing not provided by Trago. In addition, this Limited Warranty does not apply to: (a) damage caused by use in non-Trago products; (b) damage caused by operating the Product outside the permitted or intended uses described by Trago or with improper voltage or power supply; or (c) damage cause by service (including upgrades and expansions) performed by anyone who is not a representative of Trago. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. This Warranty is void if the Product is returned with removed, damaged or tampered labels or any alterations (including the unauthorized removal of any component or external cover). EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, TRAGO MAKES NO OTHER REPRESENTATIONS OR WARRANTIES AND TRAGO HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

Limitation of Liability

IN NO EVENT WILL TRAGO OR ITS SUPPLIERS BE LIABLE TO PURCHASER FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING LOST PROFITS, LOSSES ASSOCIATED WITH BUSINESS INTERRUPTION, LOSS OF USE OF THE PRODUCT, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF TRAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL TRAGO’S AGGREGATE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF USE OF THE PRODUCT THAT EXCEEDS THE TOTAL FEES PAID BY PURCHASER FOR THE APPLICABLE PRODUCT AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Warranty Service:

To obtain warranty service, Purchaser must obtain a Return Merchandise Authorization (“RMA”) from our customer service team via our website and deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Trago. Purchaser agrees to pay the cost of shipping the Product to Trago.  By sending the Product, Purchaser agree to transfer ownership to Trago. If the claim is justified based on this limited warranty, Trago shall bear the cost of shipping the repaired or replacement Product to Purchaser.  Any Product returned to Trago without a valid warranty claim or without a RMA may be rejected, returned at Purchaser’s cost (subject to prepayment) or kept for thirty (30) days for Purchaser’s pick-up and then disposed of in Trago’s sole discretion.  In accordance with applicable law, Trago may require that Purchaser furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is Purchaser’s responsibility to backup any data, software, or other materials Purchaser may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Trago will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the Trago website (www.trago.co).

Governing Law:

This Limited Warranty shall be governed by the law of the State of Texas, US, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

National Statutory Rights:

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty. If Purchaser has any questions, please contact Trago at via our website at trago.co.