1.1. Sawgrass Technologies (“Sawgrass”) provides this limited warranty (“Sawgrass Warranty”) to the person who first purchases for its own personal use (“Original Purchaser”) one of the Sawgrass branded printing devices as detailed in Table A above (“Sawgrass Printing Device”). Only the Original Purchaser shall be entitled to benefit from the Sawgrass Warranty, and not any further purchaser, unless otherwise agreed in writing between Sawgrass and the Original Purchaser.
1.2. The term of this Sawgrass Warranty is set out in Table A above (“Term”).
1.3. Under this Sawgrass Warranty, Sawgrass guarantees that the Sawgrass Printing Device is manufactured from new (or equivalent to new) parts, conforms to the specifications published by Sawgrass, is free from defects in materials and workmanship and is in good working order at the time of delivery.
1.4. During the Term, where Sawgrass Printing Devices are found to be defective or unfit for purpose, Sawgrass agrees, at its discretion and in accordance with the terms of this Sawgrass Warranty, to:
1.4.1. repair any defect found in a Sawgrass Printing Device using new or rebuilt parts in comparable condition to new;
1.4.2. replace the Sawgrass Printing Device proven to be defective with exactly the same make and model of Sawgrass Printing Device as was purchased by the Original Purchaser, or a Sawgrass Certified refurbished printer; or
1.4.3. refund the retail price of the Sawgrass Printing Device to the Original Purchaser. For the avoidance of doubt Sawgrass’ liability, under this Sawgrass Warranty, and without prejudice to clause 2.2 of this Sawgrass Warranty, with regards to each purchase made by an Original Purchaser is limited to the retail value of the Sawgrass Printing Device purchased.
1.5. The services defined in this Sawgrass Warranty (“Warranty Services”) shall be provided by a Sawgrass entity who sold the Sawgrass Printing Device to the Original Purchaser or any dedicated Sawgrass representative. However, for any and all warranty claims, the Original Purchaser’s first contact point shall be the place of purchase (“Seller of the Product”), as per section 1.5 below)
1.6. THIS SAWGRASS WARRANTY IS OFFERED BY SAWGRASS IN ADDITION TO ANY CONTRACTUAL, STATUTORY AND/OR COMMON LAW WARRANTY THAT THE ORIGINAL PURCHASER MAY BE ENTITLED TO AGAINST THE SELLER OF THE PRODUCT (I.E. SAWGRASS OR ANY OTHER PARTY FROM WHICH THE ORIGINAL PURCHASER MAY HAVE PURCHASED THE SAWGRASS PRINTING DEVICE) UNDER APPLICABLE LOCAL LAW. ANY CONTRACTUAL OR STATUTORY WARRANTY THAT THE ORIGINAL PURCHASER MAY BE ENTITLED TO AGAINST THE SELLER OF THE PRODUCT OR ANY OTHER PERSON REMAINS UNAFFECTED. 1.7. THIS SAWGRASS WARRANTY IS LIMITED TO THE RIGHTS GRANTED EXPRESSLY TO THE ORIGINAL PURCHASER, AND IS SUBJECT TO CERTAIN RESTRICTIONS AS SET FORTH IN THE FOLLOWING SECTIONS OF THIS SAWGRASS WARRANTY.
Covered Products and Term
2.1. This Sawgrass Warranty covers the relevant Sawgrass Printing Device.
2.2. THE SAWGRASS WARRANTY DOES NOT APPLY TO: (I) ANY THIRD PARTY PRODUCTS BUNDLED WITH ANY SAWGRASS PRINTING DEVICE AND SUPPLIES (E.G. USB OR OTHER CABLES OR ADDON ITEMS DISTRIBUTED BY SAWGRASS AS PART OF THE PRODUCT OR PACKAGE); (II) ANY SAWGRASS OR THIRD PARTY SOFTWARE; (III) ANY SAWGRASS OR THIRD PARTY PRINTING MEDIA; OR (IV) INK CARTRIDGES, INK COLLECTOR UNITS, SERVICE OR MAINTENANCE KITS.
Original Purchaser’s Obligations
3.1. In order to benefit from the Sawgrass Warranty and receive the Warranty Services, the Original Purchaser (or any further purchaser, as stated in section 1.1 above) must be able to provide proof of the purchase such as an invoice or receipt showing the date of purchase, purchase location and the serial number. Without such information, the Sawgrass Printing Device shall be deemed to be out of warranty.
3.2. The Original Purchaser shall register the Sawgrass Printing Device as described on the Sawgrass website. Where the Sawgrass Printing Device is passed on to another purchaser, the Original Purchaser must seek Sawgrass’ written agreement that the warranty transfers to the new purchaser (within the remaining warranty period, as per Table A). Save as such approval, the warranty will cease, without any further purchaser’s rights.
3.3. The Original Purchaser is responsible for configuring the Sawgrass Printing Device in accordance with the setup instructions provided. Sawgrass cannot be held liable for any non-compliance with instructions. Please note that non-compliance could lead to the loss of warranty rights. In case of difficulties with configuring, Original Purchaser should immediately seek help from Seller of the Product.
3.4. In order to maintain optimal performance some Sawgrass Printing Devices require maintenance kits. The Original Purchaser is responsible for the correct selection, and proper installation, of any maintenance kits and will be solely responsible for the costs of doing so.
The Sawgrass Warranty does not apply in the following situations:
4.1. The Original Purchaser purchases the Sawgrass Printing Device at a tradeshow;
4.2. Failure, damage or degradation resulting from the use of parts, ink, print media, software or attachments that are not original Sawgrass supplies or parts, or do not meet the specifications recommended by Sawgrass for the Sawgrass Printing Device;
4.3. Failure, damage or degradation resulting from the installation of any ink brands differing from originally installed brand.
4.4. The Original Purchaser obtains consumables from a dealer who is not authorised by Sawgrass;
4.5. The Sawgrass Printing Device’s serial number has been damaged or removed;
4.6. Paper jams, other than those resulting from a manufacturing defect;
4.7. Failure, damage or degradation resulting from an unsuitable physical or operating environment including, but not limited to, damage resulting from electrical surges, fire or water;
4.8. Failure, damage or degradation that results from service or maintenance on the Sawgrass Printing Device by anyone other than Sawgrass or a Sawgrass approved supplier;
4.9. Failure, damage or degradation that results from the Original Purchaser’s failure to configure, clean and/or maintain the Sawgrass Printing Device as described in the user guides, instructions manuals or on the Sawgrass website;
4.10. Failure, damage or degradation that results from failure to properly prepare, package and transport the Sawgrass Printing Device as advised by Sawgrass when returning the Sawgrass Printing Device for repair; or
4.11. Non-compliance by the Original Purchaser with any criteria or product specifications stated in the Sawgrass product documentation and/or online resources, including, but not limited to, video tutorials.
5.1. This Sawgrass Warranty gives you specific legal rights in the United States of America and the United Kingdom. You may also have other rights which vary from country to country elsewhere in the world. You are advised to consult applicable national laws for a full determination of your rights.
5.2. To the extent that this Sawgrass Warranty is inconsistent with local law, this Sawgrass Warranty shall be deemed modified to be consistent with such local law.
5.3. THE TERMS CONTAINED IN THIS LIMITED SAWGRASS WARRANTY, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY (AND ARE IN ADDITION TO) THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS SAWGRASS PRINTING DEVICE TO YOU.
Limitation of Warranty and Liability
6.1. Even in the event of a breach of this Sawgrass Warranty, your sole and exclusive remedy against Sawgrass for actual damages of any kind is limited to the price paid by you for the Sawgrass Printing Device or its repair or its replacement.
6.2. SAWGRASS IS NOT LIABLE FOR THE CONSEQUENCES OF AN INTERRUPTION OF THE OPERATION OF THE PRINTING DEVICE OR THAT OF A FAULTY OPERATION OF THE PRINTING DEVICE. IN NO EVENT SHALL SAWGRASS BE LIABLE FOR LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
6.3. THIS SAWGRASS WARRANTY CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES AND ALL PREVIOUS AGREEEMENTS WHETHER WRITTEN, ORAL OR IMPLIED BETWEEN THE PARTIES WILL CEASE TO BE EFFECTIVE. ALL OTHER TERMS EXPRESS OR IMPLIED, MANUFACTURE GUARANTEES OR WARRANTIES, INCLUDING THE IMPLIED GUARANTEES OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE EXCLUDED (EXCEPT WHERE REQUIRED BY APPLICABLE LAW). NO MANUFACTURER GUARANTEES OR WARRANTIES EITHER EXPRESSED OR IMPLIED WILL APPLY AFTER THE EXPIRATION OF THE TERM OF THIS SAWGRASS WARRANTY. FOR THE AVOIDANCE OF DOUBT, ANY CONTRACTUAL OR STATUTORY WARRANTY THAT THE ORIGINAL PURCHASER MAY BE ENTITLED TO AGAINST THE SELLER OF THE PRODUCT OR ANY OTHER PERSON REMAINS UNAFFECTED.
7.1. If any provision of this Sawgrass Warranty is found by any court to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed not to form part of the Sawgrass Warranty, and the validity and enforceability of the other provisions of the Sawgrass Warranty shall not be affected.