Your hardware warranty
MWM Two (2) Years Limited Warranty - for MWM branded products® (Phase Essential, Phase Ultimate, Phase case) only.
Important: by using your MWM product (“your product”, “the product”) you are agreeing to be bound by the terms of the MWM Two (2) Years Limited Warranty (“Warranty”) as set out below. Do not use the product until you have read the terms of the warranty. If you do not agree to the terms of the warranty, do not use the product and return it within the return period stated in MWM’s return policy (found at https://www.mwm-store.com/terms-of-sales) to the MWM owned retail store or the authorized distributor where you purchased it for a refund.
How consumer law relates to this warranty
This warranty gives you specific legal rights, and you may have other rights that vary from state to state (or by country or province). Other than as permitted by law, MWM does not exclude, limit or suspend other rights you may have, including those that may arise from the nonconformity of a sales contract. For a full understanding of your rights you should consult the laws of your country, province or state.
Warranty limitations subject to consumer law
To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. MWM disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, MWM limits the duration and remedies of such warranties to the duration of this express warranty and, at MWM’s option, the repair or replacement services described below. Some states (countries and provinces) do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.
What is covered by this warranty?
MWM warrants the MWM-branded hardware products and accessories contained in the original packaging (“MWM Product”) against defects in materials and workmanship when used normally in accordance with MWM’s published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser (“Warranty Period”). MWM’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
What is not covered by this warranty?
This warranty does not apply to any non-MWM branded hardware products or any software, even if packaged or sold with MWM hardware. Manufacturers, suppliers, or publishers, other than MWM, may provide their own warranties to you - please contact them for further information. Software distributed by MWM with or without the MWM brand (including, but not limited to system software) is not covered by this Warranty.
Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. MWM does not warrant that the operation of the MWM Product will be interrupted or error-free. MWM is not responsible for damage arising from failure to follow instructions relating to the MWM Product’s use.
This Warranty does not apply:
(a) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the MWM Product outside MWM’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of MWM to a MWM Product that has been modified to alter functionality or capability without the written permission of MWM; (g) to an MWM Product that has been modified to alter functionality or capability without the written permission of MWM; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the MWM Product, or (i) if any serial number has been removed or defaced from the MWM Product.
Before receiving warranty service, MWM or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow MWM’s procedures for obtaining warranty service.
Following warranty service your MWM Product or a replacement device will be returned to you as your MWM Product was configured when originally purchased, subject to applicable updates. MWM may install system software updates as part of warranty service that will prevent the MWM Product from reverting to an earlier version of the system software. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty. Important: Do not open the MWM Product. Opening the MWM Product may cause damage that is not covered by this Warranty. Only MWM should perform service on this MWM Product.
How to obtain warranty service?
If during the Warranty Period you submit a valid claim to MWM, MWM will, at its option, (i) repair the MWM Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the MWM Product with a device that is at least functionally equivalent to the MWM Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the MWM Product for a refund of your purchase price.
Please access and review the online help resources before seeking warranty service.
If the MWM Product is still not functioning properly after making use of these resources, please contact a MWM representative using the information provided below. A MWM representative will help determine whether your MWM Product requires service and if it does, will inform you how MWM will provide it. When contacting MWM via telephone, other charges may apply depending on your location.
Warranty service options
MWM will provide warranty service through: Mail-in service. If MWM determines that your MWM Product is eligible for mail-in service, MWM will send you prepaid waybills and if applicable, packaging materials, so that you may ship your MWM Product to MWM Repair Service location in accordance with MWM’s instructions. Once service is complete, the MWM Repair Service will return the MWM Product to you. MWM will pay for shipping to and from your location if all instructions are followed.
MWM reserves the right to change the method by which MWM may provide warranty service to you, and your MWM Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the MWM Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T and other associated taxes and charges. Where international service is available, MWM may repair or replace MWM Products and parts with comparable MWM Product and parts that comply with local standards.
Limitation of liability
Except as provided in this warranty and to the maximum extent permitted by law, MWM is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of, damage to, compromise or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored in or used with the MWM Product or any failure to maintain the confidentiality of information stored on the MWM Product.
The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions. MWM disclaims any representation that it will be able to repair any MWM device under this warranty or replace the MWM Product without risk to or loss of information stored in the MWM Product.
Some states (countries and provinces) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No MWM reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the MWM Product purchase took place. MWM or its successor in title is the warrantor under this Warranty.