WARRANTY PROGRAM ACCORDING TO SMALL DATA GARDEN’S GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS

1. WARRANTY

1.1 Small Data Garden Oy (SDG) shall provide limited warranty to the Products in accordance with each time applicable SDG’s warranty program. SDG’s warranty shall not apply to any non-SDG branded products or software, even if packaged or sold with SDG branded Products. Non-SDG branded products may have the benefit of a manufacturer’s warranty, and thus the Client obligated to check separately manufacturer’s warranty as guided separately in the Product box or otherwise.

2. LIMITATION OF LIABILITY

2.1 SDG shall not be responsible for damages caused by the user connecting the Products and/or using the Products in any other way than their intended use nor for any damages caused by materials or product design defined by the Client or by the working or manufacturing processes the Client has determined.

2.2 The Client’s exclusive remedy and the total liability of SDG in respect of any cause of action relating to or arising out of this Agreement shall not cumulatively exceed fifteen per cent (15,00%) of the price of the Products within the delivery confirmed by SDG or (ii) seven thousand five hundred euros (EUR 7500,00) (whichever is lower).

2.3 IN NO EVENT WILL SDG BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS AND LOST SAVINGS. IN ADDITION, IN NO EVENT WILL SDG BE LIABLE FOR THE LOSS OF, DAMAGE TO, OR ALTERATION OF DATA OR DATA FILES OF THE CLIENT OR USER DUE TO ANY CAUSE AND THE RESULTING DAMAGES AND EXPENSES INCURRED, SUCH AS EXPENSES BASED ON THE RE-CREATION OF DATA FILES, EVEN IF SDG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2.4 The limitations of liability shall not apply to loss or damages caused by wilful conduct or gross negligence.

SDG’S ONE (1) YEAR LIMITED WARRANTY PROGRAM
Valid from 1.2.2024 until further notice from SDG

1. Small Data Garden Oy (hereinafter referred to as the “SDG”) grants a warranty for defects in materials and workmanship for new SDG branded Products bought by the client from SDG or its resellers (hereinafter referred to as the “Client”) in accordance with these warranty terms and conditions (hereinafter referred to as the “Warranty”). The Warranty shall not, however, apply to defects and items defined in Section 7. SDG’s warranty shall not apply to any non-SDG branded products or software, even if packaged or sold with SDG branded Products.

2. The Warranty shall start on the date when the Products are delivered to the Client and lasts one (1) year from that date of delivery.

3. Under the Warranty, defects covered by the Warranty and detected during the Warranty Period will be repaired free of charge during normal working hours by SDG’s repair shop, a repair shop authorized by SDG, or at some other location indicated from time to time by SDG.

4. The delivery term for warranty repair shall be free ex works at SDG’s repair shop or an authorized repair shop without packaging, if so informed by SDG. If the Parties have agreed that the repair will be carried at a location other than SDG’s repair shop or an authorized repair shop, all the cost of the repair not covered by the Warranty, such as travel and waiting time, daily allowance, cost of travel and the costs incurred as a result of the de-installation and re-installation of the Products, shall be charged to the Client in accordance with SDG’s then-current pricelist. Any original parts replaced under the Warranty shall be the property of SDG.

5. Repairs are carried out under the Warranty, provided that: (i) the defect has appeared in what can be regarded as normal operating conditions, (ii) the installation, operating and maintenance instructions issued by the manufacturer or SDG have been complied with, (iii) any repairs or servicing carried out on the piece of equipment have been made using original spare parts and supplies, (iv) the warranty repair claim is made by the Party ordering the piece of equipment or its representative, and (v) the Party ordering the piece of equipment or its representative delivers it to the repair shop promptly as soon as the defect is detected and assumes responsibility for the condition of the piece of equipment until it is delivered for repairs. When the piece of equipment is delivered for repairs, the repair shop must be provided with information indicating the date of delivery, ordering information, identification of the defect and a description of the conditions in which the piece of equipment has been used. If it is established that the defect or flaw reported by the Client is not covered by the Warranty, SDG shall have the right to charge the cost of troubleshooting to the Client in accordance with SDG’s then-current pricelist.

6. The warranty for the repaired piece of Products will be valid until the expiry of the original Warranty Period.

7. The Warranty shall not, however, cover: (i) repair of defects due to normal wear and tear, operating errors, defective or sub-standard servicing carried out by parties other than SDG or its authorized representative, operating conditions in violation of the design bases, or defects due to the fact that the Client has selected a piece of equipment unsuitable or incorrectly sized for the intended use or application, (ii) compensation for direct or indirect loss or damage due to a defective piece of equipment, (iii) repair of defects if repairs or modifications have been made to the piece of equipment by a Party other than the SDG’s repair shop or a repair shop authorized by SDG, and/or (iv) repair of consumable components of the equipment, such as sensors, indicator lights, connectors, batteries, fuses, conductors, printer heads, hoses, and power transmission belts for which no warranty is granted by the manufacturers. SDG’s liability for the defects of the Products shall be limited to the fulfilment of its warranty obligations under this warranty terms and conditions.