Last updated: 11 May 2023
In the event of any inconsistency between languages or any other dispute, the English version shall prevail.

Scope of Warranty

This section sets out the warranty provisions of FIGTION LIMITED (“Producer”) towards the client. The purpose of this warranty is to fix any Class A or Class B defects that arise from the original production of NFC Chips, which are pre-existing from the launch date and haven’t been identified and fixed during Quality Assurance (“QA”). A warranty period of sixty (60) calendar days (“Warranty Period”), starting from the first day of delivery of the NFC Chips to client, will be included in the Project scope.

A “Class A” defect is defined as an original production defect that prevents the NFC Chip from functioning as expected as a standalone product, or causes key functionality or content to be unavailable.

A “Class B” defect is defined as an original production defect that affects important functionality to the degree that the NFC Chip does not operate as expected (e.g., material interference), but the NFC Chip remains usable.

The following items are expressly excluded from Class A or Class B defects and will not be covered under this warranty:

● Requests for visual or design changes to the NFC Chip;

● Requests to change existing functionality or to add new functionality to the NFC Chip, other than to address clear defects from specification;

● Requests for support on issues where the root cause is a user’s own technical environment;

● Requests to update any code under the original scope;

● Issues with any software programs (including the FIGTION APP and the authentication system thereunder);

● Failure resulting from misuse, accident, modification, unsuitable physical or operating environment, or improper maintenance;

● Failure caused by a product for which the Producer is not responsible (including the smart phone on which the FIGTION APP and the authentication system are installed);

● Defects caused by normal wear and tear or otherwise due to the normal aging of the NFC Chip.

This warranty only applies to the NFC Chips originating from the production process with client and will not be extended to the Products in which the NFC Chips are installed. This warranty is voided by removal or alteration of the NFC Chip or the identification labels on it (if any). The Producer does not warrant uninterrupted or error-free operation of the NFC Chip.

Product After-care

In general, the Product after-care after the Warranty Period with customers of the client will be handled separately by the client. However, the Producer is willing to provide, on a discretionary basis, the following technical or other support for NFC Chips to the client:

● Authentication technical issues, including but not limited to the inability to scan or unexpected malfunctioning of chips;

● App technical issues, including but not limited to the inability to complete payment via the FIGTION APP

The above technical or other support will not cover the following issues:

● Shipping and handling procedures and costs of Product;

● Issues related to shipping, product defects, returns, order or payment processing for orders not processed via the FIGTION APP, order fulfillment, and other non-Producer services.

The client is encouraged to forward any technical-related questions from its customers to Producer. Producer can also prepare basic troubleshooting guidelines for client to use in their customer service operations. The Producer may also in its sole discretion provide repairing, exchange or refund service in relation to the defects of NFC Chips returned to the client from its customers on a case-by-case basis.

The technical or other support and the repairing, exchange or refund service for the NFC Chips during Product after-care is provided by the Producer WITHOUT WARRANTIES OF ANY KIND.

Detail of Warranty Services

If during the Warranty Period, any Class A or Class B defects render the authentication Services unusable by client, client will be refunded by Producer in full via bank transfer, PayPal, or other methods agreed by both Parties, but only after the client return of the NFC Chips to the Producer under Producer’s specifications.

If a Class A or Class B defect arises during the Warranty Period, the Producer may, in its sole discretion choose to do one of the followings:

1. repair the NFC Chip at cost using new parts or parts that are equivalent to new in performance and reliability;

2. exchange the NFC Chip with an equivalent chip, if available

3. refund the original purchase price of the NFC Chip via bank transfer, PayPal, or other methods agreed by both Parties.

The repair, exchange or refund of the NFC Chip will only be made after the client returns the original NFC Chip to the Producer under Producer’s specifications.

This warranty excludes normal depletion of Chips unless failure has occurred due to a defect in materials or workmanship, as well as damage resulting from abuse, accident, modifications, unauthorized repairs or other causes that are not defects in materials and workmanship.

When the warranty service involves the exchange of an NFC Chip or part, the item replaced becomes the Producer’s property and the replacement becomes the Customer’s. The Customer represents that all removed items are genuine and unaltered. The replacement may not be new, but will be in good working order and at least functionally equivalent to the item replaced. The replacement assumes the warranty service status of the replaced item. Before the Producer exchanges the NFC Chip or part, the client agrees to remove all features, parts, options, alterations, and attachments not under warranty service.

Producer does not warrant, represent or undertake that it will be able to repair or replace any NFC Chip under this warranty without risk to the original Product. As Product is limited edition and will no longer be produced by client after the original release, Producer is not liable in the event that the Product cannot be replaced and must be refunded.

Limitation of Liability

Unless the Producer specifies otherwise, this warranty applies only in the country or region in which the NFC Chips are delivered.

Circumstances may arise where, because of a default on Producer’s part or other liability, the client is entitled to recover damages from the Producer. In each such instance, regardless of the basis on which the client is entitled to claim damages from the Producer (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), except for any liability that cannot be waived or limited by applicable laws, the Producer is liable for no more than:

A. damages for bodily injury (including death) and damage to real property and tangible personal property for which the Producer is legally liable;

B. the amount of any other actual direct damages, up to the price for the NFC Chip is sold that is subject of the claim.

Under no circumstances is the Producer liable for any of the following even if informed of its possibility: 1) third party claims against the client for damages; 2) loss of, or damage to, data; 3) special, incidental, or indirect damages or for any economic consequential damages; or 4) lost profits, business revenue, goodwill or anticipated savings.

The warranties provided by the Producer in this Warranty apply only to the NFC Chips delivered for the use of the client, and not for resale or use by any third party. These warranty services apply to the client only and may be invoked only by the client. The Producer will not accept warranty repair/return/refund from client’s customers.

THIS WARRANTY IS THE CLIENT’S EXCLUSIVE WARRANTY AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NOTHING IN THIS SECTION AFFECTS ANY STATUTORY RIGHTS OF THE CLIENT THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO THE CLIENT.

In case any provision of these warranties shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of warranties shall not in any way be affected or impaired thereby. If, however, any provision of these warranties shall be invalid, illegal, or unenforceable under any such applicable laws in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law.