Varjo Limited Business Warranty
THE VARJO PRODUCT AND VARJO ACCESSORY IS INTENDED FOR BUSINESS USE AND IS NOT INTENDED TO BE SOLD TO CONSUMERS. THIS LIMITED BUSINESS WARRANTY (“LIMITED WARRANTY”) IS SUBJECT TO THE VARJO PRODUCT BEING REGISTERED TO YOUR “CUSTOMER SUCCESS LICENSE.” THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
The following definitions apply to this Limited Warranty:
- “Varjo Product” means the Varjo virtual reality headset and any accessories provided in the box at the time of original purchase from an authorized retailer or Varjo (“Authorized Retailer”).
- “Varjo Accessory” means any accessory that is sold separately by authorized retailer or Varjo (“Authorized Retailer”).
- “You” and “Your” refer to the original business user who bought the Varjo Product from an Authorized Retailer.
- “Warranty Period” is twelve (12) months from the date You purchased the Varjo Product from an Authorized Retailer.
- “Normal Use Conditions” means ordinary business use in accordance with the User Manual.
- “User Manual” means any and all use instructions, safety guidance and other documentation provided in the box or posted on-line by Varjo.
Varjo warrants, only to You that, during the Warranty Period, the Varjo Product and Varjo Accessory will function substantially in accordance with Varjo’s technical specifications under Normal Use Conditions. The Limited Warranty is subject to the Varjo Product being registered to Your “Customer Success License.” This Limited Warranty does not cover any software or other products required to use the Varjo Product or Varjo Accessory which are not in the box at the time of original purchase of the Varjo Product or Varjo Accessory. Such products are subject to their own use or other terms, even if intended or labelled to be used together with the Varjo Product or Varjo Accessory.
This Limited Warranty is valid and enforceable only if You purchased a new Varjo Product or Varjo Accessory from an Authorized Retailer and the Varjo Product or Varjo Accessory was sold to You in its original, sealed packaging. You may not assign or transfer this Limited Warranty to any third party, unless such restriction is prohibited by mandatory law.
If You return the Varjo Product and Varjo Accessory during the Warranty Period and it satisfies the terms of this Limited Warranty, Varjo or its service partner will, at its sole discretion, repair or replace it.
Repair or replacement may involve the use of a functionally equivalent reconditioned Varjo Product, Varjo Accessory and/or reconditioned parts, unless prohibited by law. When replacing the Varjo Product or Varjo Accessory, Varjo may replace it with either the same model, or if not available, a model which is nearest to the original model. Varjo or its service partner will at its own expense return the repaired or replacement Varjo Product or Varjo Accessory to You. Any Varjo Product or Varjo Accessory that You send to Varjo which is replaced by Varjo becomes the property of Varjo.
If Varjo repairs or replaces the Varjo Product or Varjo Accessory, the repaired or replaced Varjo Product or Varjo Accessory shall continue to be warranted for the remaining time of the original Warranty Period or for three (3) months from the date of repair or replacement, whichever is longer.
Repair or replacement of the Varjo Product or Varjo Accessory is Your sole and exclusive remedy and Varjo’s sole obligation for any claims whatsoever or any losses resulting from the failure of the Varjo Product or Varjo Accessory. If we determine, in our sole discretion, that none of the listed means are reasonable to correct for a defect or malfunction, then we may refund to You the price You paid to purchase the Product or Accessory.
This Limited Warranty is the final, complete and exclusive warranty offered by Varjo regarding the Varjo Product and Varjo Accessory, and no other person or entity (including the Authorized Reseller) is authorized to make any other warranties or representations on behalf of Varjo. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS LIMITED WARRANTY, VARJO DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY, ALL VARJO PRODUCTS AND VARJO ACCESSORIES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. If and to the extent that an implied warranty cannot be disclaimed, its duration is limited to the Warranty Period. If the mandatory law applicable to You does not allow limitations on how long an implied warranty lasts, this limitation may not apply to You.
In case you are not the original purchaser of the Varjo Product or Varjo Accessory, this Limited Warranty does not apply to you. If the Warranty Period has expired, if the Varjo Product or Varjo Accessory does not fulfill the conditions of this Limited Warranty, or if You fail to make Your warranty claim in accordance with Section 5, this Limited Warranty does not apply. In case this Limited Warranty does not apply, Varjo may offer You out-of-warranty services against a fee and You may be responsible for any expenses related to the repair or replacement of Your Varjo Product or Varjo Accessory.
3. How Can You Get Service?
If You have a problem with Your Varjo Product or Varjo Accessory, please visit us at varjo.com/support to get helpful service and contact information, and to submit a claim form to obtain warranty service. If it is necessary for You to send Your Varjo Product or Varjo Accessory in for service, we will provide You instructions how to do this. You may be required to pay the cost of shipping the Varjo Product or Varjo Accessory to us. When we receive the Varjo Product or Varjo Accessory, we will determine if there is a defect or malfunction covered by this Limited Warranty. If we find a defect or malfunction covered by this Limited Warranty, we will repair or replace the Varjo Product or Varjo Accessory to provide You a Varjo Product or Varjo Accessory that is substantially in accordance with Varjo’s technical specifications under Normal Use Conditions, and we will send the repaired Varjo Product or Varjo Accessory or a replacement Varjo Product or Varjo Accessory, if any, to You at our cost. We may not return the original Varjo Product or Varjo Accessory to You. If You send us a Varjo Product or Varjo Accessory without a valid proof of purchase, then we will return the Varjo Product or Varjo Accessory to You at Your cost, subject to prepayment, or, if such costs are not prepaid, we will keep the Varjo Product or Varjo Accessory for thirty (30) days for Your pick-up before it is disposed of.
4. What is not covered?
This Limited Warranty does not cover and Varjo is not responsible for (i) used or resold Varjo Products or Varjo Accessories; (ii) Varjo Products or Varjo Accessories not purchased from Authorized Retailers; or (iii) any software (including but not limited to any software on the Varjo product or Varjo Accessory and any PC software provided by Varjo).
Further, this Limited Warranty does not cover and Varjo is not responsible for damage to the Varjo Product or Varjo Accessory or loss of the Varjo Product or Varjo Accessory resulting from (i) an accident (e.g., accidental physical impact, exposure to liquid, food or other contaminants, etc.) or theft; (ii) use not in accordance with Normal Use Conditions or any other misuse (including but not limited to neglect, abuse or alteration); (iii) use with an unsuitable product not sold or licensed by Varjo; (iv) use with inadequate ventilation; (v) use by children; (vi) circumvention of our security mechanisms; (vii) reverse engineering; (viii) defects or damage from viruses or other software problems introduced into the Varjo Product or Varjo Accessory; (ix) use of the Varjo Product or Varjo Accessory in violation of any laws, regulations or ordinances in effect where the Varjo Product or Varjo Accessory is used; (ix) defects or damage caused by unauthorized repairs; (x) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; and/or (xi) cosmetic damages (e.g. scratches).
Additionally, this Limited Warranty does not cover and Varjo is not responsible for damage to the Varjo Product or Varjo Accessory or loss of the Varjo Product or Varjo Accessory resulting from normal wear and tear and normal depletion of consumable parts.
Finally, this Limited Warranty does not include any specific guarantees that the Varjo Product or Varjo Accessory will be error-free, or regarding uptime or continued availability, data security features of software or online accounts, or that any software, firmware or online sites will function uninterrupted or error-free. This Limited Warranty is void if a Varjo Product or Varjo Accessory is returned with removed, damaged or tampered labels or any alterations (including the unauthorized removal of any component or external cover). [This Limited Warranty does not cover data loss; it is Your responsibility to back up Your data, electronically or physically, on a regular basis if you wish to retain Your data. Any damages or costs related to data recovery, removal, and installation are not recoverable under this Limited Warranty.]
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VARJO NOR ITS SUPPLIERS SHALL BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMERCIAL LOSS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIALITY, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, OR LOSS OF USE WHILE THE VARJO PRODUCT OR VARJO ACCESSORY IS BEING REPLACED OR REPAIRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF VARJO AND ITS SUPPLIERS UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE VARJO PRODUCT OR VARJO ACCESSORY. THESE EXCLUSIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR VARJO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, FOR ANY CLAIM ARISING FROM OR RELATED TO THIS LIMITED WARRANTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so limitations or exclusions in this Limited Warranty may not apply to you.
No Varjo employee or representative or its affiliates or any third party is authorized to make any modification, extension or addition to the Limited Business Warranty or any part of these Terms.
6. General provisions
6.1 This Limited Warranty shall be subject to Finnish law, excluding its choice of law provisions. The UN Convention on Contracts for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of this Limited Warranty shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. Seat of arbitration shall be Helsinki. The language of the arbitration shall be English.
6.2 If any provision of this Limited Warranty is found to be illegal, invalid or unenforceable under the laws of any jurisdiction, this will not affect the legality, validity or enforceability of any other provision of the Limited Warranty.