Common use of Hardware Warranty Clause in Contracts

Hardware Warranty. Seller warrants that the supplied hardware Goods are free from defects in materials and workmanship under normal and proper use for two (2) years from the date such Goods are delivered to Buyer. Seller will not be liable or responsible for defects in any part of Goods manufactured by others, but Seller will, as an accommodation to Buyer, assign to Buyer any warranties given to it by any such other manufacturers; provided, that the foregoing will not extend Seller’s warranty to any accessory products unless Seller specifically agrees in writing. This warranty will be void if, in Seller’s reasonable opinion, the defect was caused in whole or part by: (a) improper handling, use, operation, or testing by anyone other than Seller; (b) failure to properly install or maintain the Goods by anyone other than Seller; (c) failure to install, maintain, or service Goods in accordance with the current edition of any applicable safety code or Seller’s written instructions; (d) modification, alteration, or unauthorized repair by anyone other than Seller; (e) use with products or components that are incompatible with Seller’s Goods; (f) Force Majeure events or acts of vandalism, sabotage, or hacking; (g) radio frequency interference; (h) removal from the country where the Goods were purchased, use in a country in which they are not registered for use, and/or use in a country for which they were not designed; (i) use in fail-safe environments in which failure of the Goods could lead to personal injury or significant property damage; (j) Goods having been subjected to operating conditions outside of specified parameters; or (k) any other cause beyond normal usage in accordance with Seller’s written instructions. Seller’s liability for breach of this hardware warranty will be limited to replacement, repair, or refund, in Seller’s sole discretion, of any defective Goods that have been properly stored, installed, used, and maintained, and have not been damaged in transit; provided such Goods are returned to Seller without further damage, within fourteen (14) days of discovery of the alleged defect and subject to confirmation of the defect by Seller’s inspection. The Goods that Xxxxx considers defective must be returned per Seller’s standard Return Material Authorization procedures. Xxxxx is responsible for the cost of shipping Goods to Seller for warranty claims and for the cost of shipping repaired or replaced Goods to Buyer. In repairing or replacing defective Goods, Seller may use functionally equivalent reconditioned, refurbished, remanufactured, used, or new parts and products. Xxxxx returned to Seller and found to be outside the scope of the warranty will be returned to Buyer at Buyer’s expense and subject to a charge for testing not exceeding ten percent (10%) of the invoiced value of such Goods. Seller will not be responsible for labor or service for removing or replacing Goods returned under this warranty. Repair or replacement does not extend the warranty for such repaired or replaced Goods. This warranty is made only to Buyer and not to any subsequent purchaser.

Hardware Warranty. Seller Subject to the limitations set forth in this Agreement, Geoforce warrants that for one year from that date that title passes to Customer for Hardware (the supplied hardware Goods are “Warranty Period”), the Hardware sold will be free from of defects in materials and workmanship under normal when installed, operated, and proper use for two (2) years from serviced in strict accordance with Geoforce’s and the date such Goods are delivered to Buyermanufacturer’s requirements. Seller will not be liable or responsible for defects in any part of Goods manufactured by others, but Seller will, as an accommodation to Buyer, assign to Buyer any warranties given to it by any such other manufacturers; provided, that the foregoing will not extend Seller’s warranty to any accessory products unless Seller specifically agrees in writing. This warranty will be void if, in Seller’s reasonable opinion, the defect was caused in whole or part byIf: (a) improper handling, use, operation, Geoforce is timely notified that the Hardware fails to operate because of a defect in materials or testing by anyone other than Sellerworkmanship within the Warranty Period; (b) failure the failed Hardware is actively subscribed to properly install the Service; and (c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customer, repair or maintain send a replacement for the Goods by anyone other than SellerHardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) failure to installHARDWARE THAT IS DESIGNED TO BE CONSUMABLE, maintainINCLUDING, or service Goods in accordance with the current edition of any applicable safety code or Seller’s written instructionsBUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) modificationHARDWARE SUBJECTED TO ABUSE, alterationMISUSE, or unauthorized repair by anyone other than Seller; (e) use with products or components that are incompatible with Seller’s Goods; (f) Force Majeure events or acts of vandalismNEGLECT, sabotageOR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, or hacking; (g) radio frequency interference; (h) removal from the country where the Goods were purchasedINCLUDING BUT NOT LIMITED TO, use in a country in which they are not registered for useCUSTOMER INITIATED DAMAGE, and/or use in a country for which they were not designed; (i) use in fail-safe environments in which failure of the Goods could lead to personal injury or significant property damage; (j) Goods having been subjected to operating conditions outside of specified parameters; or (k) any other cause beyond normal usage in accordance with Seller’s written instructions. Seller’s liability for breach of this hardware warranty will be limited to replacement, repair, or refund, in Seller’s sole discretion, of any defective Goods that have been properly stored, installed, used, and maintained, and have not been damaged in transit; provided such Goods are returned to Seller without further damage, within fourteen (14) days of discovery of the alleged defect and subject to confirmation of the defect by Seller’s inspection. The Goods that Xxxxx considers defective must be returned per Seller’s standard Return Material Authorization procedures. Xxxxx is responsible for the cost of shipping Goods to Seller for warranty claims and for the cost of shipping repaired or replaced Goods to Buyer. In repairing or replacing defective Goods, Seller may use functionally equivalent reconditioned, refurbished, remanufactured, used, or new parts and products. Xxxxx returned to Seller and found to be outside the scope of the warranty will be returned to Buyer at Buyer’s expense and subject to a charge for testing not exceeding ten percent (10%) of the invoiced value of such Goods. Seller will not be responsible for labor or service for removing or replacing Goods returned under this warranty. Repair or replacement does not extend the warranty for such repaired or replaced Goods. This warranty is made only to Buyer and not to any subsequent purchaserSHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICE.

Hardware Warranty. Seller warrants that the supplied hardware Goods are free from defects in materials and workmanship under normal and proper use for two (2) years from the date such Goods are delivered to Buyer. Seller will not be liable or responsible for defects in any part of Goods manufactured by others, but Seller will, as an accommodation to Buyer, assign to Buyer any warranties given to it by any such other manufacturers; provided, that the foregoing will not extend Seller’s warranty to any accessory products unless Seller specifically agrees in writing. This warranty will be void if, in Seller’s reasonable opinion, the defect was caused in whole or part by: (a) improper handling, use, operation, or testing by anyone other than Seller; (b) failure to properly install or maintain the Goods by anyone other than Seller; (c) failure to install, maintain, or service Goods in accordance with the current edition of any applicable safety code or Seller’s written instructions; (d) modification, alteration, or unauthorized repair by anyone other than Seller; (e) use with products or components that are incompatible with Seller’s Goods; (f) Force Majeure events or acts of vandalism, sabotage, or hacking; (g) radio frequency interference; (h) removal from the country where the Goods were purchased, use in a country in which they are not registered for use, and/or use in a country for which they were not designed; (i) use in fail-safe environments in which failure of the Goods could lead to personal injury or significant property damage; (j) Goods having been subjected to operating conditions outside of specified parameters; or (k) any other cause beyond normal usage in accordance with Seller’s written instructions. Seller’s liability for breach of this hardware warranty will be limited to replacement, repair, or refund, in Seller’s sole discretion, of any defective Goods that have been properly stored, installed, used, and maintained, and have not been damaged in transit; provided such Goods are returned to Seller without further damage, within fourteen (14) days of discovery of the alleged defect and subject to confirmation of the defect by Seller’s inspection. The Goods that Xxxxx considers defective must be returned per Seller’s standard Return Material Authorization procedures. Xxxxx is responsible for the cost of shipping Goods to Seller for warranty claims and for the cost of shipping repaired or replaced Goods to Buyer. In repairing or replacing defective Goods, Seller may use functionally equivalent reconditioned, refurbished, remanufactured, usedpre-owned, or new parts and products. Xxxxx returned to Seller and found to be outside the scope of the warranty will be returned to Buyer at Buyer’s expense and subject to a charge for testing not exceeding ten percent (10%) of the invoiced value of such Goods. Seller will not be responsible for labor or service for removing or replacing Goods returned under this warranty. Repair or replacement does not extend the warranty for such repaired or replaced Goods. This warranty is made only to Buyer and not to any subsequent purchaser.

Hardware Warranty. Seller warrants that the supplied hardware Goods Reftekk branded and/or labeled products (excluding tools) are free from defects in materials and workmanship under normal and proper use for two twelve (212) years months from the sooner of (i) the installed and operational date; or (ii) 6 months after delivery to either the jobsite or installing contractor. Seller warrants that the supplied Reftekk branded and/or labeled tools are free from defects in materials and workmanship under normal and proper use from the sooner of (i) 36 months from the date such Goods are delivered of sale to BuyerBuyer if purchased as inventory for resale; or (ii) 12 months from date of sale to installing contractor. Seller will not be liable or responsible for defects in any part of Goods manufactured by others, but Seller will, as an accommodation to Buyer, assign to Buyer any warranties given to it by any such other manufacturers; provided, that the foregoing will not extend Seller’s warranty to any accessory products unless Seller specifically agrees in writing. This warranty will be void if, in Seller’s reasonable opinion, the defect was caused in whole or part by: (a) improper handling, use, operation, or testing by anyone other than Seller; (b) failure to properly install or maintain the Goods by anyone other than Seller; (c) failure to install, maintain, or service Goods in accordance with the current edition of any applicable safety code or Seller’s written instructions; (d) modification, alteration, or unauthorized repair by anyone other than Seller; (e) use with products or components that are incompatible with Seller’s Goods; (f) Force Majeure events or acts of vandalism, sabotage, or hacking; (g) radio frequency interference; (h) removal from the country where the Goods were purchased, use in a country in which they are not registered for use, and/or use in a country for which they were not designed; (ih) use in fail-safe environments in which failure of the Goods could lead to personal injury or significant property damage; (ji) Goods having been subjected to operating conditions outside of specified parameters; or (kj) any other cause beyond normal usage in accordance with Seller’s written or video instructions. This includes instructions from Reftekk branded products, Reftekk tools, and products drop-shipped from other manufacturers. Seller’s liability for breach of this hardware warranty will be limited to replacement, repair, or refund, in Seller’s sole discretion, of any defective Goods that have been properly stored, installed, used, and maintained, and have not been damaged in transit; provided such Goods are returned to Seller without further damage, within fourteen (14) days of discovery of the alleged defect and subject to confirmation of the defect by Seller’s inspection. The Goods that Xxxxx considers defective must be returned per Seller’s standard Return Material Authorization procedures. Xxxxx is responsible for the cost of shipping Goods to Seller for warranty claims and for the cost of shipping repaired or replaced Goods to Buyer. In repairing or replacing defective Goods, Seller may use functionally equivalent reconditioned, refurbished, remanufactured, used, or new parts and products. Xxxxx returned to Seller and found to be outside the scope of the warranty will be returned to Buyer at Buyer’s expense and subject to a charge for testing not exceeding ten percent (10%) of the invoiced value of such Goods. Seller will not be responsible for labor or service for removing or replacing Goods returned under this warranty. Repair or replacement does not extend the warranty for such repaired or replaced Goods. This warranty is made only to Buyer and not to any subsequent purchaser.