CONSUMER LAW

The Vag-Tec One-Year Limited Warranty is a voluntary manufacturer's warranty. It provides rights separate to rights provided by consumer law, including but not limited to those relating to non-conforming goods.

As such, the Vag-Tec One-Year Limited warranty benefits are in addition to, and not instead of, rights provided by consumer law.

If a product is defective consumers may, in addition to any other rights which they may have under consumer law in the UK and Ireland, avail themselves of the rights contained in:

for products purchased in Ireland: the Sale of Goods Act, 1893 (in particular Sections 12, 13, 14 and 15), the Sale of Goods and Supply of Services Act,1980 and the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11/2003);

for products purchased in the UK: the Sale of Goods Act 1979 (in particular Section 12), the Supply of Goods and Services Act 1982 (in particular Section 2) and the Sale and Supply of Goods to Consumers Regulations 2002.

Consumers have the right to choose whether to claim service under the Vag-Tec One-Year Limited Warranty or under their consumer law rights.

Important: The Vag-Tec One-Year Limited Warranty terms and conditions shall not apply to consumer law claims.

WHAT IS COVERED BY THIS WARRANTY?

Vag-Tec Distribution International of Chichester Mews, London, United Kingdom (or its successor in title) (“Vag-Tec") warrants the Vag-Tec-branded hardware product and accessories contained in the original packaging (“Vag-Tec Product") against defects in materials and workmanship when used & installed in accordance with Vag-Tec's user manuals, technical specifications and other Vag-Tec Product published guidelines for a period of ONE (1) YEAR from the date of original retail / wholesale purchase by the end-user purchaser ("Warranty Period"). You will be able to receive the remedies available under the One Year Limited Warranty for your Vag-Tec product via local Vag-Tec service facilities in most parts of the world (please refer to section "How to obtain warranty services"). In the event of any defect in materials and workmanship, you will be able to direct your claims to Vag-Tec even in situations where you purchased the Vag-Tec Product from a third party.

Please note: All claims made under the Vag-Tec One-Year Limited Warranty will be governed by the terms set out in this warranty document.

In addition, Vag-Tec will provide you with access to telephone technical support for a period of ninety (90) days from delivery of the Vag-Tec products.

WHAT IS NOT COVERED BY THIS WARRANTY?

This warranty does not apply to any non-Vag-Tec branded hardware products or any software, even if packaged or sold with Vag-Tec hardware.

Non-Vag-Tec branded products may have the benefit of a manufacturer's warranty, which provides benefits in addition to consumer law rights - please check your product box and literature for details.

Please refer to the licensing agreement accompanying the software for details of your rights with respect to the use of software.

Service options may be limited if requesting service in a country that is not the country of purchase for the Vag-Tec Product. In the event that service for the Vag-Tec Product is not available in such country, Vag-Tec will notify you of any additional charges for shipping and handling that may apply before rendering service.

When contacting Vag-Tec via telephone, call charges may apply depending on your location. Please contact your network operator for details.

This warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, 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 Vag-Tec Product outside the user manual, the technical specifications or other Vag-Tec Product published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Vag-Tec or an Vag-Tec Authorized Service Provider (“VASP"); (g) to an Vag-Tec Product that has been modified to alter functionality or capability without the written permission of Vag-Tec; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Vag-Tec Product; or (i) if any serial number has been removed or defaced from the Vag-Tec Product, or (j) if the product is stolen or Vag-Tec reasonably believes that the product is stolen based on information provided by law enforcement authorities.

YOUR RESPONSIBILITIES

IF YOUR PRODUCT IS CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE BACKUP COPIES OF THE INFORMATION CONTAINED ON YOUR PRODUCT'S STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.

Before submitting your Vag-Tec Product for warranty service you should make separate backup copy of the contents of its storage media, remove all personal information and disable all security passwords. The contents of your Vag-Tec Product's storage media may be erased, replaced and / or reformatted in the course of service.

Following warranty service, your Vag-Tec Product or a replacement product will be returned to you as your Vag-Tec Product was configured when originally sold, subject to applicable updates. Vag-Tec may install system software updates as part of warranty service that will prevent the Vag-Tec Product from reverting to an earlier version of the system software. Third party applications installed on the Vag-Tec Product may not be compatible or work with the Vag-Tec Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this warranty.

You may seek service in a country that is not the country of purchase, in such a case 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.

Important: Do not open the Vag-Tec Product unless the User Manual describes how it is designed for opening. Opening the Vag-Tec Product may cause damage that is not covered by this warranty.

WHAT WILL VAG-TEC DO IN THE EVENT OF A WARRANTY CLAIM?

If you submit a valid claim under this warranty, Vag-Tec will, at its option:

(i) repair the Vag-Tec Product using new or previously used parts that are equivalent to new in performance and reliability, or

(ii) replace the Vag-Tec Product with a product that is at least functionally equivalent to the Vag-Tec Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or

(iii) refund your purchase price in exchange for the return of your Vag-Tec Product.

When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Vag-Tec's property.

A replacement part or product or a repaired Vag-Tec Product assumes the remaining warranty of the original Vag-Tec Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.

For service requested in a country other than the country of purchase for the Vag-Tec Product, Vag-Tec may repair or replace products and parts with comparable products and parts that comply with local standards.

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the following online help resources before seeking warranty service:

• Vag-Tec Authorized Service Providers,Vag-Tec Retail Store
• Vag-Tec Support and Service

WARRANTY SERVICE OPTIONS

Vag-Tec will at its option depending on the individual circumstances, in particular the type of Vag-Tec Product, provide warranty service through one or more of the following options:

(i) Carry-in service. Vag-Tec may request that you return your Vag-Tec Product to an Vag-Tec Retail or VASP location offering carry-in service. Your Vag-Tec Product may be sent to an Vag-Tec Repair Service (“VRS") location to be serviced. Once you are notified that service is complete, you will promptly retrieve the Vag-Tec Product from the Vag-Tec Retail or VASP location, or the Vag-Tec Product will be sent directly to your location from the VRS location.

(ii) Mail-in service. If Vag-Tec elects to provide service through its mail-in service, Vag-Tec will send you prepaid waybills and if applicable, packaging material, so that you may ship your Vag-Tec Product to an VRS or VASP location in accordance with Vag-Tec's instructions. Once service is complete, the VRS or VASP location will return the Vag-Tec Product to you. Vag-Tec will pay for shipping to and from your location if all instructions are followed.

(iii) Do-it-yourself ("DIY") service. Under DIY service Vag-Tec will provide you with a replacement product or easily replaceable parts or accessories of a product, such as a SD card or CD Disk, which can be replaced without using any tools. Note: Vag-Tec is not responsible for any labour costs you incur relating to DIY service. Should you require further assistance with the replacement, contact Vag-Tec at the telephone number listed below, or visit an Vag-Tec Retail or VASP location. If Vag-Tec elects to provide service through DIY service, the following process will apply:

(a) Service where Vag-Tec requires return of the replaced product, part or accessory: Vag-Tec may require a credit card authorization as security for the retail price of the replacement product, part or accessory and applicable shipping costs. Vag-Tec will ship a replacement product, part or accessory to you with instructions for replacement, if applicable, and any requirements for the return of the replaced product or part. If you follow the instructions, Vag-Tec will cancel the credit card authorization, so you will not be charged for the product or part and shipping to and from your location. If you fail to return the replaced product, part or accessory as instructed or return a replaced product, part or accessory that is ineligible for service, Vag-Tec will charge your credit card for the authorized amount. If you are unable to provide credit card authorization, the service may not be available to you and Vag-Tec will offer alternative arrangements for service.

(b) Service where Vag-Tec does not require return of the replaced product, part or accessory: Vag-Tec will ship you free of charge a replacement product, part or accessory accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product, part or accessory.

LIMITATION OF LIABILITY

A) Entire agreement:

Other than the consumer law rights to which you are entitled as set out at the beginning of this document, all warranties, conditions and other terms not set out in this warranty document are excluded from the Vag-Tec One-Year Limited Warranty. As a result, Vag-Tec does not make any other promises, conditions or warranties about the service other than set out in this warranty document.

Some countries do not allow limitations on how long such warranties, conditions and/or implied terms may last, so the limitation described above may not apply to you.

B) Disclaimer in relation to data:

Vag-Tec does not warrant, represent or undertake that it will be able to repair or replace any Vag-Tec Product under this warranty without risk to and / or loss of information and / or data stored on the Vag-Tec Product.

C) Limitation of liability:

In no event shall Vag-Tec be liable for

1. any losses that were not caused by our breach of this warranty document;
2. any loss or damage that was not, at the time of your purchase of the product, a reasonably foreseeable consequence of Vag-Tec breaching this warranty document; or
3. losses relating to any business of yours, loss of profits, loss of data or loss of opportunity.

The provisions of this warranty document shall not apply to (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any other liability that cannot be limited or excluded as a matter of law.

PRIVACY

Vag-Tec will maintain and use customer information in accordance with the Vag-Tec Customer Privacy Policy available at www.vagtec.co.uk

GENERAL

No Vag-Tec 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, it shall be severed from this warranty and the legality or enforceability of the remaining terms shall not be affected.

Where the product was purchased in Ireland, this warranty is governed by and construed under the laws of Ireland and each party hereby submits to the non-exclusive jurisdiction of the Irish courts. Where the product was purchased in the UK, this warranty is governed by and construed under the laws of England and each party hereby submits to the non-exclusive jurisdiction of the English courts, unless you live in Scotland in which case the laws of Scotland will apply.