limited warranties

The limited warranties provided by OQO Inc. ("OQO") in this Limited Warranty Statement apply only to new OQO-branded ultra mobile personal computer products and related accessory products (collectively "OQO Products") that you ("Customer") purchase in the United States directly from OQO or an authorized OQO reseller for your own use, and not for resale.

OQO warrants that the OQO Products, except for batteries, will be free from defects in workmanship and materials, under normal use, for one (1) year from the original purchase date.

OQO warrants that OQO-branded batteries, including OQO-branded batteries sold with ultra mobile computer Products, will be free from defects in workmanship and materials, under normal use, for six (6) months from the original purchase date.

Any products purchased from OQO that are not OQO-branded products (collectively "non-OQO Products") are covered by the manufacturer's warranty of the respective branded manufacturer.

The warranties set forth in this Limited Warranty Statement do not apply to:

  • - Software, including the operating system and application software installed on the OQO Product, either prior to or subsequent to delivery of the OQO Product to Customer
  • - Any third party products (including software) or services, included with or used with the OQO-Product.
  • - Damage to the surface of the OQO Product, including cracks or scratches to the LCD display, or any other cosmetic damage
  • - Damage that results from accident, abuse, misuse, neglect or any use of the OQQ Product other than for its intended use
  • - Damage that results from any unauthorized attempts to open, maintain, repair or modify the OQO Product
  • - Damage that results from the OQO Product being subjected to abnormal physical, thermal or electrical stress, including water, power fluctuations or other hazards
  • - OQO Products, if the serial numbers or other identification marks that appear on the OQO Products as delivered are missing or altered

Warranty Remedies and Procedures

As Customer's sole and exclusive remedy and OQO's entire liability under this warranty, OQO will, at its option, repair the OQO Product or replace it with a comparable OQO Product. Replacement OQO Products and parts used to repair the OQO Products may be new, refurbished or reconditioned. Repaired or replaced OQO Products are warranted for the unexpired portion of the original warranty period or 90 days from the date of shipment whichever, is longer. All OQO Products, Accessories and parts that are replaced become the property of OQO.

Customer must contact OQO Technical Support within the warranty period and furnish a dated proof of original purchase prior to the return of any OQO Product for warranty service. To obtain contact information, refer to OQO's website at www.oqo.com/support. Upon validation of Customer's warranty entitlement, OQO will issue a Return Material Authorization (RMA) number along with return instructions. Customer must ship the OQO Product to the designated location, postage pre-paid, in original or equivalent packaging within five (5) days after OQO's issuance of an RMA number. OQO will not be responsible for any OQO Product damaged or lost in transit. OQO will return the repaired or replacement OQO Product to Customer, postage pre-paid, in the United States.

OQO will not be responsible for any software, data or information contained in or stored on any OQO Product (or on any removable media or storage devices such as floppy disks, CDs, DVDs or PC cards) that is lost, corrupted or damaged in transit or as a result of OQO's repair of any OQO Products. Data recovery is not included in the warranty service. Prior to shipping the OQO Product back to OQO, Customer should backup all such software, data and information. All confidential, proprietary or personal data or information should be removed from the OQO Product (and from any removable media or storage devices such as floppy disks, CDS, DVDs or PC cards) as returned to OQO. Customer will be responsible for reinstalling all software, data, information and passwords.

Non-OQO Products are covered by the respective branded manufacturer's warranty policy, and you are responsible for complying with respective branded manufacturer's warranty policy for warranty support.

Disclaimers

THE LIMITED WARRANTIES SET FORTH IN THIS LIMITED WARRANTY STATEMENT ARE IN LIEU OF AND OQO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OQO OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS LIMITED WARRANTY STATEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ALL WARRANTIES IMPLIED BY STATUTE ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTIES SET FORTH ABOVE.

Limitation Of Liability

OQO'S TOTAL LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE ACTUAL AMOUNTS PAID TO OQO BY CUSTOMER FOR THE OQO PRODUCTS GIVING RISE TO THE LIABILITY. IN NO EVENT WILL OQO BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE OQO PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT OQO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS LIMITED WARRANTY STATEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This Limited Warranty Statement will be governed by and construed in accordance with the laws of the State of California, USA excluding its conflicts of law rules and principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.