System Warranty

  • Warranty Statement
    Future Mobile Technology warrants all their products (excluding accessories) described on this website and purchased either directly from FMT or an authorized reseller against defects in materials or workmanship under normal use for the warranty period defined on the warranty card included with the product packaging when purchased. Details of the warranty are set forth in the following sections.
  • Warranty Period
    The warranty period commences on the date of purchase.
  • Warranty Identification
    The sales receipt or purchase invoice showing the date of purchase of the product and duly registered by one of the stipulated methods is the proof of the date of purchase. This Limited Warranty does not extend beyond the original registered owner as initially registered with FMT.
  • Service Scope
    Within the warranty period, FMT will perform repair or replacement of defects in workmanship or parts covered by this warranty in the region of Southern Africa.

Parts & Components Limited Warranty

All exchanged parts and products replaced under warranty service will become the property of FMT. FMT reserves the right to replace defective parts with any serviceable used parts that meet the performance specifications of new parts.

Media & Software Limited Warranty

Not Applicable

Exclusions

The following situations are not covered by the warranty:

  • Normal wear and tear of the FMT product
  • Any defects due to repair, modification or damage to the product performed by anyone other than FMT
  • Any defect that results directly or indirectly from the use of parts not sold by FMT
  • Any defect resulting from operations that are not mentioned on the website or product guides
  • Minor defects of LCD displays providing that there shall not be more then (8) defective pixels per million pixels on a given LCD display, and provided further that if the display panel is divided into (9) equal rectangular areas there shall be one defective pixel in the central area of the display
  • Any damage that occurs due to transportation, fall, weather, extreme temperatures, extreme humidity, shock, mishandling or other misuse of or negligence to the product after purchase
  • Any defects due to natural disasters eg. Fire, flood damage, earthquake and irregular voltage sources
  • When customers have not returned the product in its original packaging together with the sales receipt or purchase invoice
  • When any alterations whatsoever are made to the Warranty Documents or information regarding without limitation the date of purchase, customers name, serial number or sellers name
  • This warranty applies to the product only and does not extend to any of the accessories sold with the product or expendable Parts. Expendable Parts are those items that during the normal course of product usage will require periodic replacement (eg. Batteries).
  • This warranty does not apply to any software pre-loaded on or otherwise sold with the product. All software is provided “as is” and FMT disclaims any and all warranties, express or implied, including but not limited to any implied warranty of non-infringement of third-party rights, merchantability or fitness for a particular purpose. FMT does not warrant that the software will be error free or that the software will meet your requirements
  • A product purchased from any source other than FMT or an authorized reseller
  • FMT is not responsible for any damages to or loss of any programs, data or removable storage media. You are responsible for saving (backing up) any programs, data or removable storage media
  • If any term in this document is contrary to applicable provisions of the laws of South Africa then such term shall be superseded by the local law

Disclaimer of Warranty and Limitations

Except for the limited warranties set forth herein, FMT disclaims all other warranties, express or implied or statutory, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Any implied warranties that may be imposed by applicable law are limited to the terms of this limited warranty. In no event shall FMT be liable for any incidental, special or consequential damages, including but not limited to loss of business, profits, data, or use whether in an action in contract or tort or based on a warranty, arising out of or in connection with the use or performance of the product or any software that accompanies the product, even if FMT has been advised of the possibility of such damages. You agree that repair and (upon availability) replacement, as applicable, under the warranty service described herein is your sole and exclusive remedy with respect to any breach of the FMT Limited Warranty set forth herein. Some territories, provinces or countries do not allow the exclusion or limitation of incidental or consequential damages for consumer products and some territories, provinces or countries do not allow limitations on how long an implied warranty lasts. In such territories, provinces or countries the exclusions or limitations of this Warranty may not apply to you. This Warranty gives you specific legal rights. You may also have other rights that vary from jurisdiction to jurisdiction. You are advised to consult the laws for the applicable jurisdiction for a full determination of your rights.

FMT offers a collect, repair and return service for it products. Customers will be required to take their product into the authorized reseller where they purchased their product from. FMT will collect the product from the authorized reseller and return it once repaired.

For services which are not solely related to hardware problems covered by the warranty, customers will be charged servicing fees by FMT including without limitation services relating to the following:

  • Installation/ Re-Installation of software
  • Installation of accessories
  • Problems relating to computer viruses, hacking, worms, or other malicious software attacks
  • Problems relating to usage of any software

The equipment (“the Equipment”) and / or services (“the Services”) described in this document, to be supplied by Future Mobile Technology cc (FMT) to the customer (“the Customer”) who has purchased the Equipment, are supplied subject to the following terms and conditions (“the Agreement”), notwithstanding any contrary terms or conditions sought to be imposed to the Customer at any time and whether orally or in willing:

  • Notwithstanding anything to the contrary herein contained or implied FMT shall not be liable to the Customer in respect of any loss or damage of whatsoever nature and howsoever described (and whether by fire, flood, accident or theft) sustained by any Equipment belonging to or in the possession of the Customer or the risk of loss and damage in, Equipment which is left in the temporary possession and/ or care of FMT for any purpose whatsoever and without derogating from the generality of the aforegoing left in the possession and/or care of FMT for the purpose of the repair by FMT on behalf of such Customer, and not withstanding that such loss or damage may have arisen by or been contributed to by, any negligent, grossly negligent or reckless act or omission on the part of FMT or any of its employees and/ or agents;
  • The repair work provided by FMT in respect of the fault identified is covered by a 90 (ninety) – day workmanship warranty. Should the equipment not be collected within 90 – (ninety) days from date of notification, the equipment will be sold in order to defray costs, and the Customer shall have no claim whatsoever against FMT;
  • In the event that the delivery of the Equipment or any item comprising same is delayed, hindered prevented or interfered with due to any act of God or force majeure, or due to any other circumstances or events whatsoever, outside FMT control, the time or times for such delivery shall be extended until the lapse of a reasonable period after the cession of the circumstances or event, and FMT shall not be liable to the Customer for any loss or damage, (and whether direct or consequential) caused thereby;
  • In the event that FMT is for whatsoever reason unable to supply any item or items compromising the Equipment, the Customer shall not be entitled to cancel the service but shall accept delivery of such items as and when FMT is able to supply same and FMT shall not be liable to the Customer for any loss or damage (and whether direct or consequential) sustained by the Customer by reason of the non-supply of such items;
  • Subject to the provisions of clauses 3 and 4 above, in the event that any item or items of Equipment are upon delivery found to be in a damaged or defective condition, then in such event, such items of Equipment shall be repaired or replaced by FMT at its option, provided that the said Equipment is returned to FMT at its place of business within 3 days from the date of such delivery and FMT upon inspection thereof, is satisfied that the said Equipment is damaged or defective: provisions of this clause notwithstanding, FMT shall not be liable to the Customer for any loss or damage (and whether direct or consequential) sustained by the Customer by any reason of the Equipment being damaged or defective condition;
  • Payment in respect of the delivery of the Equipment, or the supply of Services, by FMT to the Customer shall, unless otherwise stipulated overleaf, be effected by the Customer to FMT, free of set-off or deduction, against receipt by the Customer of FMT relevant invoice on delivery;
  • The provisions of clause 6 notwithstanding, all overdue amounts shall attract interest from due date of payment at a rate equal to the ruling prime bank overdraft interest plus 7% (seven percent) (as certified by any manager of standard Bank Limited, for the relevant period);
  • All risks of loss, damage or destruction in and to the Equipment shall pass to the Customer on the delivery of the Equipment to the Customer;
  • Without derogating from the generality of any of the provisions hereof FMT shall not at any time be liable for any claims for direct or consequential loss or damage which may be sustained by the Customer or for any claims made by any other person whatsoever in connection with this Agreement or the use of the Equipment and the Customer hereby indemnifies FMT against all such claims;
  • In the event of FMT being forced to institute legal action against the Customer for the recovery of the Equipment or any outstanding amount, then in that event the Customer shall be responsible for all legal costs incurred by FMT on the scale as between Attorney and own client, which legal costs shall include where appropriate, collection commission and tracing charges;
  • The Customer hereby consent to the jurisdiction of the Magistrates Court, notwithstanding the subject matter or the quantum of the matter in the question may otherwise exceed the jurisdiction of such Court, FMT shall however be entitled, at its sole option, to institute action out of any division of the High Court of South Africa, having the requisite jurisdiction;
  • No terms and conditions of any other Agreement between FMT and the Customer at variance with the terms and conditions contained herein and no warranties, undertaking of representations shall be of force or effect unless reduced to in writing and signed by FMT;
  • The Customer shall not be entitled to cede or delegate any of its rights or obligations in terms of this Agreement or any Agreement with FMT pertaining to the Equipment, without the prior written consent of FMT first having been obtained, FMT shall be entitled to cede or delegate its rights or obligation in terms of this Agreement and the Customer hereby consents to such cession/ delegation; In the event that FMT determine that any fault in the Equipment repaired by FMT is not covered by warranty, then FMT reasonable costs and disbursements in undertaking such repair shall be borne and paid for by the Customer on demand;
  • In the event that any clause herein contained is illegal, invalid or unenforceable, such clause shall be treated “pro non scripto” and severed from the remaining clauses, without invalidating such remaining clauses;
  • FMT reserves the right to vary, alter or amend the terms and conditions set out herein to the Customer.