2016 ZKTEK General ENDUSER’s RMA/Warranty Policy V7-160218

(“the General Warranty Policy” hereinafter)

Terms and conditions:

1. Parties and purpose:
   1. The General Warranty Policy is the service contract of Shenzhen ZHONGKONG Computer Co, Ltd (“the Company” hereinafter) on behalf of itself and its affiliates and subsidiaries (collectively “ZKTEK”) and the original(first-hand) purchaser.
   2. The definite purpose of this General Warranty Policy is to stipulate the terms and conditions of the after-sales service relating to the usage, return and repair of the products of the Company(“the Products” hereinafter).
2. General Warranty:
   1. For the products which are purchased from Shenzhen ZHONGKONG Computer Co, Ltd, including the Company’s subsidiaries and their distributors, the Company warrants the Products to the original purchaser ONLY against any defects that are due to quality issues for a period of TWO year from date of shipment unless otherwise stated in the Products’ Contract or Proforma Invoice.
   2. The material cost and labor which occurred for repairing will be totally free of charge in TWO years from the date of shipment.
3. The waive of the warranty:
   1. The original customer can waive the warranty of products and services for any reason.
   2. The waive of such rights should not constitue the rights for the original customer to claim certain percentage of price reduction unless otherwise stated in written or email.
   3. Any such waive of warranty of products or service should NOT void the warranty of the third parties rights(i.e. the enduser which is not the original customer shall be honored to seek help from ZKTEK).
4. Distributors’ warranty:
   1. For the Products purchased from the Company’s subsidiaries or their distributors, please contact your local service provider for more detailed service terms and conditions. Should any of the terms of such subsidiaries or their distributors is not compliant with the General Warranty Policy, this policy shall prevail.
   2. Any warranty which is not stated in the General Warranty Policy is not applicable to any or all purchasers regardless of their respective rights generated by any signed or unsigned files, deduced from local/international lawful deeds, inherited or transferred from any original purchaser or any party.
5. The warranty from the 3rd year:
   1. The Company will provide the chargeable repair service from the 3rd year. The cost and labor will be chargeable according to the cost of the material and the complexity of the service.
   2. It’s the purchaser’s right to decide whether the purchaser will continue to repair, return, dispose or resell the products by the purchaser.
   3. The Company should in no circumstance have the obligation to store or resell the products for the purchaser unless otherwise stated.
6. This warranty does not cover :
   1. Damage caused by acts of God, natural disaster, labor unrest, acts of war (declared or undeclared), terrorism, civil strife or acts of any governmental jurisdiction.
   2. Damage caused by misuse, neglect, accident or improper application or installation.
   3. Damage caused by any repair or attempted repair not authorized by the Company.
   4. Any product not used in accordance with the instructions furnished by the Company.
7. Void of Warranty:
   1. Any attempt or act of intended or deduced misuse of the products will result in the void of warranty.
   2. The Company should be void of any obligation to repair, return, dispose, and store or resell the Products in paragraph 6.1 of this article unless otherwise stated.
   3. On the basis of strict liability or under any other legal theory, in no event shall the Company be liable for any incidental or consequential damages of any kind for breach of warranty or negligence.
8. Unable to repair:
   1. It is the Company exclusive discretion to decide whether the Products are repairable or not.
   2. The Company has the right to replace the Products which has been declared “Unable to repair” with the similar or same grade products for free in the first ONE year. The company hasn’t any liability to compensate any party because of this replacement.
   3. The Company should be liable to replace the Products with other products from the 2nd year from the date of the original shipment when the Products are ship to the original purchaser(s).
9. The liability to the 3rd party:
   1. The Company should be void any liability to any or third party’s incidental or consequent lost which has directly or indirectly caused by the usage of the Products.
   2. The Company should under no circumstance be liable for any joint and several responsibilities of the lawful matters.
10.  Freight:
    1. The Company should be liable to accept the return parcel and send out the parcel in time without any handling charges.
    2. In any circumstance, all freight and tariff occurred in the transferring process are for the purchaser(s) account: PREPAID! 
11. Import Tariff:
    1. The purchaser should pay the entire tariff in the both destinations’ Customs.
    2. Any tariff which occurred on the Company’s side should be prepaid by The purchaser.
    3. The Company has no liability to produce such a document for the clearance which is not 100% legal and strictly in accordance with the details of the real transaction and trade.
12. Lost or damage in the transferring process:
    1. If there is insurance, the beneficiary of the insurance should be liable to apply for the compensation by insurance policy.
    2. If the insurance is applicable, any lost or damage should be limited to the amount of the insurance covered. The Company or the purchaser(s) should be void any responsibility to the compensation or the lawsuit thatof.
    3. In case there is no insurance, the party who is liable to the lost or damage directly should compensate the innocent party in cash payable at sight which is not exceed the amount of the real damage AND not EXCEED the original FOB price of the Products before shipment.
13. Place of Warranty:
    1. The purchaser has the right to send the Products for service to the nearest or any service provider authorized by the Company.
    2. The warranty should be applicable in Shenzhen or any of the Company’s authorized service provider.
14. Repair by the purchaser:
    1. The purchaser(s) can repair the Products by its/theirselves after authorized by the Company in written or email.
    2. The remaining warranty of the Products should be applicable by the General Warranty Policy after authorised warranty.
    3. The Company should not be liable to compensate any or third party of the lost, cost or labor thatof.
15. Refund of the Products:
    1. The Company should not be liable to refund the Products unless otherwise stated.
16. Validation of the General Warranty Policy:
    1. The General Warranty Policy is valid from the date of the shipment has been made
    2. It’s the Company’s rights to change the terms and conditions of the General Warranty Policy without prior notice.
    3. Only The General Warranty Policy which has been sent along with the Products should be valid for the Products for at least 3 years unless otherwise stated in written.
    4. The General Warranty Policy is not applicable for any products which are not branded as ZKTEK.
    5. The warranty of the OEM(not ZKTEK brand) is covered by the respective sales contract thatof. ZKTEK is not responsible for the products for OEM products which are not fully warranted.
17. Arbitration and Place of effectiveness
    1. The General Warranty Policy is solely administrated by the laws and administrative rules of the People’s Republic of China and its local government Shenzhen municipal local court.
    2. Any arbitration will only be available from the local Shenzhen municipal People’s Count and the arbitration will be final and should be binding for both parties once declared by the Shenzhen municipal People’s Count.
18. Interpretation
    1. The interpretation right is solely governed by the Company exclusively.
    2. Any interpretation is final and should be binding for both parties once declared
19. Invalid of the General Warranty Policy
    1. The General Warranty Policy should not conflict with the laws, codes, administrative rules of the People’s Republic of China. Any breach of the laws, codes, administrative rules of the People’s Republic of China should result in the invalid of the General Warranty Policy
    2. If both of the parties agreed by written, the General Warranty Policy can be invalid or changed according to the signed documents thatof.

Shenzhen ZHONGKONG Computers Co, Ltd

2016-02-18