VOID WARRANTY. FROM THE DATE OF THIS AGREEMENT AND CONTINUING AFTER THE WORK IS COMPLETE, BUYER AGREES THAT BUYER SHALL ONLY COMMUNICATE COMPLAINTS (IF ANY) RELATED TO QUALITY OF THE WORK OR SELLER’S WORKMANSHIP AND SERVICE, OR REQUESTS RELATED TO ANY WARRANTY EXPRESSLY PROVIDED UNDER THIS AGREEMENT (COLLECTIVELY, “COMPLAINTS OR WARRANTY TOPICS”) DIRECTLY TO THE SELLER VIA AN APPROVED COMMUNICATION METHOD. BUYER AGREES THAT IT SHALL NOT COMMUNICATE THE COMPLAINTS OR WARRANTY TOPICS PUBLICALLY VIA ANY SOCIAL MEDIA PLATFORM. DUE TO THE NATURE OF SELLER’S BUSINESS AND THE HOME BUILDING INDUSTRY, ANY BREACHES BY BUYER OF THIS PROVISION WILL CAUSE SUBSTANTIAL AND IRREPARABLE HARM TO SELLER, THE SCOPE AND ECONOMIC EXTENT OF WHICH MAY NOT BE SUSCEPTIBLE TO CALCULATION OR
VOID WARRANTY. The Warranty shall be null and void, and Astrophysics shall have no obligation or responsibility to repair or replace the System: - if the serial plate attached to the System has been removed, defaced, or made illegible; - if the System has been moved from its original installed location; - if it has been restarted after a period of in-operation lasting longer than two (2) months without prior notification to and instruction by Astrophysics; - if the System has been exposed to environments below 5oC (41oF), and restarted without prior notification to and instruction by Astrophysics; - if the System is non-operational at the time of a Service Contract renewal; - if ownership of the System was transferred to another party, without notice of transfer provided to and approved by Astrophysics; and - if Customer is in material breach of any agreement between Customer and Astrophysics. 3.4.9. Expired Warranty - Astrophysics has no obligation to honor warranty terms of a lapsed warranty. Any system with a lapsed warranty exceeding thirty (30) days is subject to a System Evaluation Visit, billable to the Customer prior to reinstating the warranty.
X- RAY LIMITATIONS
4.1 Security X-ray Inspection Systems depend heavily on the human operators to view and interpret the images. Our X-ray systems may not make autonomous decisions for the detection of threats and contraband and are intended to be tools in a multi-tiered security strategy for the identification of illicit objects. Based on the foregoing, the Customer acknowledges and agrees that:
4.1.1 No X-ray system is capable of detecting every threat, and the Customer has no expectation that the covered Systems are capable of detecting, or will detect, any or all unauthorized and/or hazardous materials (this being the case whether the X- ray systems perform with or without operator supervision, and regardless of the degree of diligence with which the services of Astrophysics, if any, are or have been performed)
4.1.2 The Astrophysics X-ray system is intended to aid and assist in the detection of illegal and/or hazardous materials, as part of multi-tiered security screening program;
4.1.3 The degree of success with which the X-ray systems will fulfill their intended use is dependent on numerous factors, including, without limitation, the sophistication of efforts to conceal illegal and/or hazardous materials, the skill, diligence and qualifications of the operator and environmental conditions; and;
4.1.4 Astrophysics...
VOID WARRANTY. The warranty is in any case voided when:
a) When the Buyer/User violates any of the provisions, instructions, recommendations, warnings, prohibitions given by the Seller/Manufacturer and/or its commercial network in any form (verbal, written, phone, e-mail or on the web, on paper, electronic, magnetic, optical, audiovisual support, etc.); in particular, if it violates any of the provisions (of use and not only of use) contained in the machine use and maintenance manual;
b) When the Buyer/User makes improper or unreasonable use of the machine, even if not foreseen and/or not explicitly prohibited by the Seller/Manufacturer;
c) When the Buyer/User, or a third party, modifies the machine in any way, even slightly;
d) When the Buyer/User uses non-original spare parts on the machine, regardless of their possible similarity;
e) When the Buyer/User, or a third party, makes changes to the machine without the written approval of the Manufacturer, even if this happens as a result of any requirements of the local control and/or prevention authorities;
f) When the Buyer and/or the User has the machine repaired by staff other than the one directly appointed by the Manufacturer or authorized by him;
g) When the Buyer and/or the User has the machine moved and/or reinstalled by personnel other than one directly appointed by the Seller/Manufacturer;
h) When the damage to the machine is due to negligence of the Buyer and/or User;
i) When the machine is not regularly purchased and paid to the Manufacturer, according to all the conditions agreed in the contract;
j) non-payments or delayed payments void the Seller/Manufacturer's warranty during this period until compliance;
k) the periods of time in which any non-payment or delayed payment has occurred cannot be recovered, even after the settlement of the debt; in short: the warranty provided by the Seller/Manufacturer in any case finishes at the expiry date once 12 months have elapsed from the delivery date of the machine;
l) When the Buyer/User does not show an invoice proving the regular purchase and legitimate possession.
