This CloudHawk Hardware Limited Warranty (“Warranty”) sets forth the warranty responsibilities of Spark Technology Labs Inc. and its affiliates (“Spark Tech”) regarding CloudHawk-branded hardware products and accessories manufactured by or on behalf of Spark Tech (each a “CloudHawk Product”).
Spark Tech warrants to the original end-user purchaser of a new CloudHawk Product (“You”), that the CloudHawk Product will be free from material defects in materials and workmanship under normal use for 365 days from the date of original purchase by You (the “Base Warranty Period”). This Warranty is not transferable by You. CloudHawk Products purchased through online auctions are not eligible for warranty coverage. CloudHawk Products (including Bundled Service and financed products) for which You hold a current firmware license in good standing, enabling use of the Service and Offerings (as such terms are defined in the CloudHawk Terms of Service), are subject to an extended warranty for the duration of Your initial term license (the “Extended Warranty Period”). For CloudHawk Products that are subject to a Base Warranty Period, You may purchase an Extended Hardware Period from Spark Tech in respect of any CloudHawk Product that you have purchased. Each of the Base Warranty Period and the Extended Warranty Period may be referred to herein as the “Warranty Period", as the context determines.
Within the applicable Warranty Period, Spark Tech will, at its sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to You for parts or labour, provided You shall be responsible for any transportation cost. This Warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, moisture or liquids, proximity or exposure to heat, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not an authorized service provider of Spark Tech; (v) damage to a CloudHawk Product that has been modified or altered without the written permission of Spark Tech; (vi) damage to a CloudHawk Product that has been used in conjunction with accessories, products, services, software, applications, or ancillary or peripheral equipment (including power and/or data cables) that are not supplied by Spark Tech; (vii) anything that is not the fault of the CloudHawk Product itself; (viii) operation or use of the CloudHawk Product outside the applicable installation guide or standard end user documentation prepared and supplied by Spark Tech; (ix) does not apply to any SIM card provided with Your purchase or to anything that is not Spark Tech branded and manufactured by on behalf of Spark Tech; (x) if You are unable to provide proof of purchase evidencing that You are the original purchaser of the CloudHawk Product and the date and place of original purchase; or (xi) a CloudHawk Product that is obtained and/or used in contravention of the laws of any country.
This Warranty is a hardware only warranty that is limited to the CloudHawk Product and does not cover any software shipped, pre-loaded, or distributed by Spark Tech or any third party, even if the software is packaged or sold with the CloudHawk Product, or available for the CloudHawk Product at a later time. Terms of Service apply to Your use of software associated with the CloudHawk Product.
IF YOUR CLOUDHAWK PRODUCT IS RETURNED DURING THE WARRANTY PERIOD, BUT YOUR CLOUDHAWK PRODUCT IS NOT COVERED UNDER THIS WARRANTY, TERMS AND CHARGES MAY APPLY FOR ANY REPAIR OR PROCESSING PERFORMED.
For CloudHawk Product repaired, replaced, or refurbished by or on behalf of Spark Tech during the Warranty Period, the Warranty Period for such CloudHawk Product will expire upon the expiration of the original Warranty Period (except to the extent Spark Tech is required by law to provide You a longer Warranty Period for such CloudHawk Product).
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AGAINST INFRINGEMENT, OR OF SECURE, ERROR FREE AND UNINTERRUPTED USE, STATUTORY OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED AND DISCLAIMED. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RELIED ON NO OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS AND THAT NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS HAVE FORMED THE BASIS OF THE BARGAIN HEREUNDER.
CloudHawk retains the exclusive right and at its sole discretion to repair CloudHawk Product using new or used components or replace CloudHawk Product with a new or used CloudHawk Product or provide a full refund of the purchase price. Any warranty service or support provided by or on behalf CloudHawk under this Warranty is conditioned upon the return of Your CloudHawk Product to CloudHawk or a CloudHawk authorized service provider (as set out below in the 2 Easy Steps at the end of this Warranty). When You return a CloudHawk Product under this Warranty and receive a replacement CloudHawk Product, the CloudHawk Product You returned is kept by CloudHawk and a replacement CloudHawk Product is given to You. When a refund is provided under this Warranty, You will return the CloudHawk Product to CloudHawk and the returned CloudHawk Product is kept by CloudHawk. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL SPARK TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, AND LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE SPARK TECH PRODUCT OR FROM DEFECTS IN THE SPARK TECH PRODUCT, EVEN IF SPARK TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 OR MAY BE LIMITED.
SPARK TECHNOLOGY LABS INC. AND ITS LICENSORS AND AFFILIATES HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY YOU UNDER THIS AGREEMENT. IN NO EVENT SHALL SPARK TECH’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNIFICATION, OR OTHERWISE) EXCEED FIFTY CANADIAN DOLLARS ($50 CAD).
In order to obtain warranty service, contact the Spark Tech Support Department who can provide shipping instructions and a return material authorization (RMA) tracking number. Return packages must include the Spark Tech Product and a copy of the original sales receipt which is required as the proof of purchase for all warranty repairs.
Governing Law and Dispute Resolution. This Warranty is to be governed by and construed under the laws of the Province of Ontario, excluding any body of law governing conflicts of law. Any disagreement or dispute arising out of or relating to this Warranty, shall be settled by final and binding arbitration to be conducted in Ontario, Canada in accordance with the rules of arbitration of the Arbitration Act, 1991 (Ontario) (the “Ontario Rules") and shall be heard by one arbitrator appointed in accordance with the Ontario Rules and to be mutually agreed to by the parties within thirty (30) days of the appointment of the arbitrator, failing which a neutral third party shall appoint the arbitrator. Each party shall bear one half of the costs associated with the arbitration proceedings. The arbitration shall be conducted in the English language. All matters relating to any arbitration under this Warranty shall be held in strictest confidence to the maximum extent permissible by law. No dispute between the parties, or involving any person but You, may be joined or combined together, without the prior written consent of Spark Tech. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Miscellaneous. If there is any conflict between this Warranty and any other warranty provided to You, the provisions of this Warranty shall be applied by Spark Tech to the extent of such conflict. If any term, provision or subsection of this Warranty is held to be void, illegal, or unenforceable, the validity or enforceability of the remainder of such term, provision, or subsection and this Warranty will not be affected.
To submit your CloudHawk Product in the Warranty Period, please follow the 2 Easy Steps below:
Call or email Spark Tech Product Support to request an RMA number. You will need the Spark Tech Product serial number (if applicable), a return shipping address, and a daytime phone number. The Spark Tech Product Support contact information is:
Courier the insured CloudHawk Product along with the proof of purchase and RMA number to:
Spark Technology Labs Inc.
680 Davenport Road, Unit D
RMA Number: (insert your RMA number here)
Waterloo, Ontario, Canada