Warranty Terms & Conditions

IMPORTANT NOTES:

This Warranty applies only where expressly provided so in writing by “Invio”. Unless expressly provided otherwise in writing:

• if this Warranty forms part of an agreement between A and any person, this Warranty and other documents forming such agreement shall be taken as mutually explanatory of one another and
• in case of any conflict or inconsistency between this Warranty and any document comprised in such agreement, such conflict or inconsistency shall be resolved by Invio at its discretion and
• Invio may withdraw this Warranty or revise the terms and conditions of this Warranty from time to time without pre‐notification. The latest terms and conditions are available on invio’ website.

1. Warranty Period

1.1 Subject to Customer having fully paid the price for Hardware to Invio on the due date for payment, Invio warrants for an agreed upon period as mentioned in contract after the date Invio initially ships device and gateway sold by Invio (“Hardware”) to purchasers or end users of the same (“Customer”) (“the Warranty Period”), that insofar as known to Invio the Hardware is free from defects in materials and workmanship when Hardware is used according to any product instructions or otherwise normally.

1.2 Subject to Clause 3 below, this Warranty is granted to Customer exclusively and in place of all other warranties or conditions, express or implied, including but not limited to, implied warranties or conditions of merchantability, non-infringement, and fitness for a particular purpose given to Customer or any other person.

1.3 Unless expressly agreed otherwise in writing, any technical or other support provided by Invio relating to Hardware (such as telephone or website support) is provided under the terms and conditions of such other agreement and without any warranty by Invio.

2. Warranty Service

2.1 If Customer provides Invio with satisfactory proof of its purchase of Hardware and sufficiently identifies Hardware (including its serial number or service tag number) and provides Invio with the correct location of Hardware and a detailed description of the suspected defect or failure related to Hardware, Hardware will be repaired or replaced at Invio’s discretion with a new or refurbished part at least equivalent in functionality. Invio will use commercially reasonable efforts to deliver the repaired or replacement part to Customer at premises (as notified by Customer) in the country of purchase of Hardware after such repair or replacement. The actual delivery times may vary depending on the place of delivery of Hardware and the actions or omissions of the relevant authorities. Except as expressly provided otherwise provided, the foregoing is Customer’s sole and exclusive remedy and Invio’s sole and exclusive obligation, for defects or failures related to Hardware.

2.2 Notwithstanding Clause 2.1 and if requested by Invio, Customer shall take actions specified by Invio to determine the defect or failure (if any) related to Hardware.

2.3 Returned Hardware shall become the property of Invio when it has been found by Invio to be defective. Replacement Hardware provided by Invio to Customer shall be Customer’s property with this Warranty for the unexpired remainder of the Warranty Period.

2.4 This Warranty is valid only in the country where Customer installed Hardware at the time of its purchase by Customer. Customer may not novate, assign, share or transfer its rights and obligations under this Warranty to a third party without the prior written consent of Invio. Invio may assign transfer, assign or subcontract its rights and obligations under this Warranty without requiring Customer’s consent.

3. Exclusion from warranty

3.1 Invio does not warrant Hardware against uninterrupted or error-free operation of Hardware. Nor does this Warranty apply to defects, damage or failure of Hardware which Invio considers to have been caused by misuse, accident, unauthorized modification, improper use or maintenance or repair, movement or transportation of Hardware, re-configuration by any person other than Invio of Hardware not in accordance with the specifications of Invio, or due to external factors including any failure or fluctuation of electrical power, inadequate cooling or any event outside Invio’s reasonable control such as earthquake, lightning, flood or fire and the action of Customer or a third party or a third party’s product.

3.2 This Warranty is void if any product or part identification label is removed from Hardware or if, without Invio’s prior written consent, Hardware has been altered or located in an unsuitable operating environment or has been used as part of or in combination with any devices, parts or other things that were not provided by Invio. This Warranty is void also if any addition is made to or if anything is installed on Hardware without Invio’s prior written consent or if Hardware is tampered with in any way.

4. Representations and warranties

4.1 Customer represents and warrants that Customer has, prior to its return of Hardware to Invio for the purposes of this Warranty, Customer has ensured that Hardware is free of any legal obligations or restrictions that may prevent Invio from repairing or replacing Hardware and all necessary consent of third parties have been obtained to allow Invio to repair, or replace Hardware.

4.2 Customer further represents and warrants that if Invio chooses or agrees to provide any services under this Warranty at premises owned or operated by Customer, Customer shall make Hardware available to Invio for such services during Invio Industries Support Service Hours, and such premises shall be in safe condition and that Invio’ personnel will not be subject to undue risk or danger while on the premises.

5. Exclusion and Indemnity

5.1 Notwithstanding the other provisions of this Warranty, Invio shall not under any circumstances be liable to Customer or its officers, employees, agents or contractors or to any third party for any losses or damages arising from any loss of or damage to records or data or for any claims or proceedings by third parties relating to Hardware or for special, incidental, indirect, consequential or exemplary damages, loss of profits, lost opportunities or lost revenues, or the cost of replacement or substitute products, arising from the purchase, use or inability to use Hardware, whether in contract or tort (including negligence). In any case, Invio’s total aggregate liability for damages of any nature, regardless of the form of action, is limited to the purchase price paid by Customer for Hardware.

5.2 Customer shall indemnify and at all times hereafter keep indemnified Invio and its officers, employees, agents or contractors against all and any losses, damages, actions, proceedings, costs, claims, demands, liabilities which may be suffered or incurred by Invio or asserted against Invio by any person in connection with any personal injury or death or damage or loss to property (movable or immovable), or any matter or event whatsoever arising out of, in the course of, by reason of or in respect of any breach of this Agreement by Customer or any inaccurate or unauthorized representation or warranty made by Customer or any act or omission of Customer or its officers, employees, agents or contractors.

6. Contact Information