The warranties set forth in this Hardware Warranty Terms (“Agreement”) are in lieu of, and DIGITAL BARRIERS hereby disclaims, all other warranties and conditions, whether express or implied, including without limitation the implied terms of satisfactory quality and fitness for a particular purpose to the fullest extent permitted by law.
Subject to Clauses 3 and 4, DIGITAL BARRIERS warrants that the Equipment sold to Purchaser under this Agreement shall, under normal use and service, be free from defects in materials and faulty workmanship. The warranty period for any item of Equipment shall be twelve (12) months from the date of Delivery (the “Warranty Period”).
DIGITAL BARRIERS’s obligation and Purchaser’s sole remedy under this Warranty are limited to the replacement or repair, at DIGITAL BARRIERS’s option, of the defective Equipment within the applicable Warranty Period. DIGITAL BARRIERS shall have no obligation to remedy any such defect if it can be shown that, in DIGITAL BARRIERS’s reasonable opinion: (a) the Equipment was altered, repaired, or reworked by any party other than DIGITAL BARRIERS without DIGITAL BARRIERS’s prior written consent; (b) such defects were the result of Purchaser’s or a third party’s improper storage, mishandling, abuse, or misuse of the Equipment; (c) such defects were the result of Purchaser’s or a third party’s use of the Equipment in conjunction with equipment electronically or mechanically incompatible or of an inferior quality; or (d) the defect was the result of damage by fire, explosion, power failure, or any act of nature.
Subject to the provisions of this Warranty clause, defective parts must be returned within the Warranty Period by Purchaser to DIGITAL BARRIERS’s appointed repair facility and said defective parts will be repaired or replaced by DIGITAL BARRIERS at no additional charge to Purchaser. In connection with such return by Purchaser, Purchaser shall comply with DIGITAL BARRIERS’s Return Material Authorisation (“RMA”) procedures, available upon request. DIGITAL BARRIERS shall deliver the repaired or replacement parts to Purchaser. However, if there was no fault found (“NFF”) Purchaser shall pay such transportation costs along with DIGITAL BARRIERS’s then prevailing NFF charge. Risk of loss or damage shall pass to the receiving party on delivery. DIGITAL BARRIERS will charge Purchaser for any repair or maintenance carried out which is not covered by the warranties contained in Clause 2 or Clause 6 at DIGITAL BARRIERS’s then prevailing standard rates for such services.
Any optional extended warranty, where available, may only be purchased at the time of product point of sale. The extended warranty shall run from the date of receipt of the extended warranty through the balance of the 12 months limited warranty plus the term of the extended warranty measured after the expiration of the 12 months limited warranty. Purchaser may not buy more than one extended warranty for any one specific product. The extended warranty shall not cover user-removable battery replacement, abuse, intentional or deliberate damage to the product, or force majeure during the extended warranty period. For customers who purchase an extended warranty, DIGITAL BARRIERS warrants it will repair or replace the DIGITAL BARRIERS product, which fails to function for any reason not excluded by this warranty, during the extended warranty period with the same or like product, at DIGITAL BARRIERS’s option. Purchaser may not buy a new extended warranty for any replacement or repaired product which has been replaced or repaired under the extended warranty.
DIGITAL BARRIERS warrants that the defective element of the Equipment returned by DIGITAL BARRIERS following repair or replacement of such defective element by DIGITAL BARRIERS shall be free from defects in materials and faulty workmanship until the end of the original Warranty Period, whichever is longer. For the avoidance of doubt, any Warranty Period extension granted pursuant to this Clause 6 only applies to the repaired defective element of the Equipment.
Unless expressly set out in a Quotation and PO, in no event shall DIGITAL BARRIERS be obliged to provide on-site maintenance or general Product or Services support.