Limited Warranty

Introduction

Pocketalk warrants to the Original Purchaser (as defined below) that the Pocketalk Device and Included Accessories (collectively, the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the “Warranty Period”). If you reside in the European Economic Area (EEA) and you purchased your Pocketalk product in the EEA, the Warranty Period is two (2) years from the date of purchase.

Remedies

If such a defect arises and a RMA request is received by Pocketalk within the Warranty Period, Pocketalk will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This limited warranty is valid only in the jurisdictions where the Products are sold by Pocketalk itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.

Obtaining Warranty Services

To obtain warranty service, a RMA must be requested from Pocketalk’s Customer Service team. To request a RMA, please contact Customer Service here. The RMA must be included along with the Product. You must deliver the Product, in either its original packaging, or packaging providing equivalent protection, to the address specified by Pocketalk. Pocketalk may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. For more specific instructions on how to obtain warranty service on your Product, visit the Pocketalk Product Help.

Exclusions and Limitations

  • Pocketalk does not warrant that the operation of the Product will be uninterrupted or error-free.
  • This limited warranty does not cover software embedded in any Product or any related services provided by Pocketalk. See the Pocketalk Terms of Service for details of your rights with respect to use of the software and related services.
  • This limited warranty applies only to the Original Purchaser. The “Original Purchaser” is the original end user purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Pocketalk that can be identified by an authorized Pocketalk trademark, trade name, or logo affixed to it (for example, an authorized Pocketalk mark). For clarity, a reseller is not considered an Original Purchaser.
  • Without limiting the foregoing, this limited warranty does not apply to any (a) Pocketalk products and services other than the Products, (b) non-Pocketalk products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Pocketalk reasonably believes to be, stolen, (d) consumables (such as batteries), (e) software, even if packaged or sold with the Product or embedded in the Product, or (f) Pocketalk accessories other than the Included Accessories.
  • This limited warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Pocketalk, nor does it apply to any cosmetic damage such as scratches and dents.
  • This limited warranty also does not apply to damage or defects caused by (a) use with non-Pocketalk products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake, or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Pocketalk, (ii) not in accordance with instructions provided by Pocketalk, or (iii) with improper voltage or power supply.
  • No Pocketalk reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this limited warranty.

Disclaimer

To the extent permitted by law, this limited warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral, written, statutory, express or implied. Pocketalk 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, Pocketalk limits the duration and remedies of such warranties to the duration of this express limited warranty. some jurisdictions do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you. in addition, consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods that are not waivable by contract. these rights are not affected by this limited warranty.

Limitation of liability

Except to the extent prohibited by applicable law, Pocketalk shall not be liable for any incidental, indirect, special, or consequential damages, including, without limitation, loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition or under any other legal theory, even if Pocketalk has been advised of the possibility of such damages. some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing law

This Pocketalk Return Policy and Limited Warranty is governed by the laws of the State of California, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Effective Date: February 1, 2022