FALCON TRADING SYSTEMS LIMITED HARDWARE WARRANTY

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March 1, 2024

FALCON TRADING SYSTEMS LIMITED HARDWARE WARRANTY

  1. Definition of Terms
  • As used in this warranty policy,
  • “Product” means any hardware manufactured for or by Falcon Trading Systems bearing the “Falcon Trading Systems” trademark, trade name, or logo that is purchased directly from Falcon Trading Systems or a Falcon Trading Systems Authorized Reseller.
  • An “Original Purchaser” is any consumer that purchases and has possession of a Product directly from Falcon Trading Systems or from a Falcon Trading Systems Authorized Reseller.
  • An “Authorized Reseller” is any retail store that has an agreement to purchase Products direct from Falcon Trading Systems on an ongoing basis for resale.
  • An “End User” is the ultimate consumer of the Product and constitutes anyone who owns and uses a Falcon Trading Systems Product.
  • “Date of Original Retail Purchase” is the date the Original Purchaser bought the Product from Falcon Trading Systems or an Authorized Reseller.
  1. Scope of Warranty
  • What is covered by this limited hardware warranty?
    • This limited hardware warranty covers defects in materials and workmanship in your Falcon Trading Systems hardware products, including Falcon Trading Systems peripheral products.
  • This limited hardware warranty does not cover:
    • Software, including without limitation, the operating system and software added to the Falcon Trading Systems hardware products through our factory-integration system, third-party software or the reloading of software.
    • Non-Falcon Trading Systems products and accessories.
    • Problems that result, directly or indirectly, from:
      • External causes such as accident, abuse, misuse or problems with electrical power.
      • Servicing not authorized by Falcon Trading Systems.
      • Usage that is not in accordance with product instructions.
      • Failure to follow the product instructions or failure to perform preventive maintenance.
      • Using accessories, parts, or components not supplied by Falcon Trading Systems.
      • Commercial hardware products that use, or in which have been installed, products or components that have not been provided by Falcon Trading Systems.
      • Products with missing or altered service tags or serial numbers.
      • Products for which Falcon Trading Systems has not received payment.
      • Normal wear and tear.

 

  1. 30 Day Risk-Free Return Policy
    • You have 30 calendar days to return an item from the Date of Original Purchase. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging, and you must have a receipt or proof of purchase. Falcon Trading Systems will pay for FedEx Ground shipping for returned products to addresses within the continental United States.
    • Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you of the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain number of days, depending on your card issuer’s policies.

 

  1. Warranty
    • Falcon Trading Systems guarantees a 5-year limited warranty on desktop components and a 1-year limited warranty on laptop systems from the Date of Original Purchase. System components are defined as all the main components in the case. Falcon Trading Systems will replace or repair any system component within the warranty period from the date of invoice. If a replacement component is no longer available or no longer in production, Falcon Trading Systems reserves the right to replace the component with an equivalent part, a refurbished part or offer an upgrade option.
    • Exclusions to the Warranty:
      • The limited warranty does not apply to any non-conforming product, or any part thereof, that has been subject to:
        • Damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes.
        • Improper installation, handling, storage, modification, or repair of the product by anyone other than Falcon Trading Systems or an authorized service provider.
        • Use of the product for purposes other than those for which it was designed.
        • Cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports.
        • Use of the product in combination with other hardware or software products that are not compatible with the product.
        • Damage caused by transportation, including where the item has been dropped, or otherwise mistreated whilst in transit.
      • Limitation of Liability:
        • To the extent permitted by law, Falcon Trading Systems’ liability for any claim arising out of or in connection with this limited hardware warranty or the product shall be limited to the amount paid by the original purchaser for the product. In no event shall Falcon Trading Systems be liable for any indirect, incidental, consequential, special or punitive damages, including without limitation loss of profits, revenue, data or use, incurred by the purchaser or any third party, whether in an action in contract or tort, even if Falcon Trading Systems has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
      • Sole and Exclusive Remedy:
        • Falcon Trading Systems’ entire liability and the purchaser’s exclusive remedy for breach of this limited hardware warranty shall be, at Falcon Trading Systems’ option, (a) return of the purchase price paid for the product, or (b) repair or replacement of the non-conforming product or part thereof.
      • No Other Warranties:
        • To the extent permitted by law, this limited hardware warranty is the only express warranty made to the purchaser and is provided in lieu of any other express or implied warranties or conditions, including without limitation warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, all of which are expressly disclaimed. Some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion of certain implied warranties or conditions, so the above limitations may not apply to you.
      • Governing Law:
        • This limited hardware warranty shall be governed by the laws of the State of New York, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any legal action or proceeding arising under this limited hardware warranty shall be brought exclusively in the federal or state courts located in New York City, New York, and the purchaser hereby consents to the personal jurisdiction and venue therein.

 

  1. Lifetime Free Technical Support
    • Falcon Trading Systems will provide technical assistance to the ORIGINAL PURCHASER of a Falcon Trading Systems product for the lifetime of the product. This technical support includes assistance with the installation, configuration, and troubleshooting of the product.
    • The lifetime free technical support is limited to the ORIGINAL PURCHASER and is non-transferable. If the product is sold or transferred to another person or entity, the lifetime free technical support will no longer apply.
    • The lifetime free technical support only covers Falcon Trading Systems products and does not cover any “Third-Party” products. Any issues or problems with “Third-Party” products should be directed to their original manufacturers.
    • Falcon Trading Systems reserves the right to determine what constitutes a valid technical support request and may decline to provide support if the request is deemed to be outside the scope of the lifetime free technical support.
    • Falcon Trading Systems may provide technical support via phone, email, or remote desktop connection. The availability of support channels may vary based on the product and the issue being addressed.
    • Falcon Trading Systems will make commercially reasonable efforts to provide timely and effective technical support to the best of its ability, but does not guarantee that all issues or problems can be resolved or that the product will always function without any issues.
    • The lifetime free technical support is subject to change or termination at any time without prior notice. Falcon Trading Systems may modify, suspend, or terminate the lifetime free technical support for any reason, including but not limited to changes in product offerings, technological advancements, or changes in business strategy.
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