Limited Product Warranty

Xsens warrants to the original purchaser that your Xsens-branded device and accessories that are purchased new ("Product(s)") shall operate in conformity with the applicable Xsens product specifications (“Specifications”) and be free from defects in materials and workmanship under normal use, for the applicable Warranty Period. Any applicable warranty for software shall be set forth in the end user license or license agreement for such software. Unless otherwise stated in the applicable product Specifications, “Warranty Period” shall mean a period of twenty-four (24) months following the date of shipment, provided that for any media on which software is provided, the Warranty Period shall be a period of ninety (90) days from shipment.

Exclusive Remedies

If a warrantied defect arises, the customer must request a return authorization from Xsens as described below. If such a request is received by Xsens within the Warranty Period, Xsens will, at its option and to the extent permitted by law, either repair the Product at no charge, using new or refurbished replacement parts or replace the Product with a new Product or refurbished Product. If Xsens is unable to repair or replace the defective Product within a reasonable time, Xsens will issue a refund or credit for the purchase price of the Product that was paid to Xsens. 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 Product Warranty is valid only in the jurisdictions where the Products are sold by Xsens itself or through its authorized reseller or distributor and is valid to the extent permitted by the applicable laws of such jurisdictions. Any repaired or replacement Product will be warranted for the remainder of the original Warranty Period or six (6) months after shipment to the customer, whichever is longer, or for any additional period of time that may be required by applicable law.

How to Obtain Warranty Service

To obtain warranty service, you must have a return authorization. A return authorization may be obtained from Xsens Support. The return authorization number must be included along with your returned Product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Xsens. Xsens may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Xsens will not be responsible for any such loss

Exclusions and Limitations

This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from Xsens or its authorized reseller or distributor. Without limiting the foregoing, this Limited Product Warranty does not apply to any (a) Xsens products and services other than the Products, (b) non-Xsens products, even if included or sold with a Product, or (c) products that are, or Xsens reasonably believes to be, stolen, (d) consumables (such as batteries), even if packaged or sold with the Product or embedded in the Product. This Limited Product Warranty does not apply to third-party products or accessories, including but not limited to products with a “Works with Xsens” marking. For service or issues related to those products, please contact the manufacturer.

This Limited Product 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 Xsens, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) use with non-Xsens 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 as specified in Specifications, (ii) not in accordance with instructions provided by Xsens, or (iii) with improper voltage or power supply.

Xsens Products are neither designed for, nor intended for use in, or authorized for any tactical military, aerospace or manned aircraft applications or environments, or for use in life support, life sustaining, nuclear, or other applications in which the failure of the Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. Any such use is not warrantied and is solely at the user’s risk.

No Xsens reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. 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.

 Xsens does not warrant that the operation of software will be uninterrupted or error-free.

No Implied Warranties

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THIS LIMITED PRODUCT WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED AND EXCLUDED. Some jurisdictions do not allow limitations on implied warranties or the duration of an implied warranty, so the above limitation may not apply to you. In such event, implied warranties shall be limited in duration to the Warranty Period, except to the extent such limitation is prohibited by applicable law.

Limitation of Damages

THIS LIMITED PRODUCT WARRANTY IS THE EXCLUSIVE REMEDY FOR ANY PRODUCT DEFECT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, XSENS 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 THIS WARRANTY, EVEN IF XSENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

This Limited Product Warranty shall be governed by either (i) the laws of the State of California, USA, with respect to purchasers who are residents of the United States, or (ii) the laws of the Netherlands, with respect to all other purchasers, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Conditional Pricing and Sale

The offer for sale and our Product pricing are conditioned upon our warranty obligations and risks allocated under this Limited Product Warranty. The sale of our Product to you is conditional on your acceptance of this Limited Product Warranty. ANY ASSERTED MODIFICATION OR AVOIDANCE OF THE TERMS OF THIS LIMITED PRODUCT WARRANTY WILL VOID THE WARRANTIES PROVIDED HEREUNDER.