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1. LIMITED WARRANTY
Manufacturer shall have no obligation under this Limited Warranty or otherwise if:
(i) The product is improperly installed, applied or maintained;
(ii) Installed outside of stated operating parameters, altered or improperly serviced or repaired by anyone other than the Manufacturer/Manufacturer’s Authorized Service/Repair Center;
(iii) Damage is caused by outside natural occurrences, such as lightning, power surges, fire, floods, acts of nature, or the like. In addition, this Limited Warranty shall not apply to:
(iv) Defects resulting from unauthorized modification, misuse, vandalism, alterations of serial numbers, other causes unrelated to defective materials or workmanship, or failures related to batteries of any type used in connection with the products sold hereunder. Non-Manufacturer branded products are warranted by the third party manufacturer for a period as defined by the third party manufacturer. Manufacturer assigns to the Buyer those warranties and only those warranties extended by such third party manufacturers or vendors for non-Manufacturer branded products. Manufacturer does not itself warrant any non-Manufacturer branded product and sells only on an as is basis.
b. Exceptions to Warranty With Respect to Certain Video Systems Products
Manufacturer warrants parts and labor, including video heads, on Video Cassette Recorders in accordance with the terms of the above limited warranty for a period of one (1) year from the date of manufacture (or invoice as described above). This warranty excludes cosmetic parts, knobs, cabinets and routine maintenance as specified in the product manual.
Manufacturer warrants parts and labor for monitors in accordance with the terms of the above limited warranty for a period of one (1) year from the date of manufacture. CRTs are not covered for tube burn-in and all defects related to tube burn-in void and nullify the CRT warranty.
Manufacturer warrants parts and labor for Infrared Illuminators (IRs) in accordance with the terms of the above limited warranty for a period of one (1) year from the date of manufacturer. IR Halogen lamps (bulbs) are warranted for ninety (90) days from the date of manufacture (or invoice as described above).
PAN TILT ZOOM - DOMES
Manufacturer warrants parts and labor for PTZ Domes, in accordance with the terms of the above limited warranty for a period of one (1) years from the date of manufacture (or invoice as described above).
KEYBOARDS, CONTROLLERS AND ACCESSORIES
Manufacturer warrants parts and labor for keyboards, controllers and accessories in accordance with the terms of the above limited warranty for a period of one (1) year from the date of manufacture (or invoice as described above).
Manufacturer warrants parts and labor for Power Supply Products in accordance with the terms of the above limited warranty for a period of five (5) years from the date of manufacture.
To the extent that any product includes software, whether it is included in a product furnished hereunder or provided separately, Manufacturer warrants that such Software will at the time of delivery by Manufacturer, conform in all material respects to Manufacturer’s documentation relating to such Software.
2. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. TO THE FULL EXTENT PERMITTED BY LAW, IN NO CASE SHALL Manufacturer BE LIABLE TO ANYONE FOR ANY (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PRODUCT AND/OR FOR BREACH OF THIS OR ANY OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY Manufacturer’s OWN NEGLIGENCE OR FAULT AND EVEN IF Manufacturer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Any product description (whether in writing or made orally by Manufacturer or Manufacturer’s agents), specifications, samples, models, bulletin, drawings, diagrams, engineering sheets, or similar materials used in connection with the Buyer’s order are for the sole purpose of identifying the Manufacturer’s products and shall not be construed as an express warranty or condition. Any suggestions by Manufacturer or Manufacturer’s agents regarding use, applications, or suitability of the products shall not be construed as an express warranty or condition unless confirmed to be such in writing by Manufacturer. Manufacturer does not represent that the products it sells may not be compromised or circumvented; that the products will prevent any personal injury or property loss by burglary, robbery, fire or otherwise, or that the products will in all cases provide adequate warning or protection. Buyer understands and will cause its customer to understand that a properly installed and maintained product may only reduce the risk of a burglary, robbery or fire without warning, but it is not insurance or a guarantee that such will not occur or will not cause or lead to personal injury or property loss. CONSEQUENTLY, Manufacturer SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM AT ALL INCLUDING A CLAIM THE PRODUCT FAILED TO GIVE WARNING. However, if Manufacturer is held liable whether directly or indirectly for any loss or damage with respect to the products it sells, regardless of cause or origin, its maximum liability shall not in any case exceed the purchase price of the product, which shall be fixed as liquidated damages and not as a penalty, and shall be the complete and exclusive remedy against the Manufacturer.
3. LIMITATION ON LIABILITY TO BUYER’S CUSTOMERS
Buyer agrees to limit liability to its customers to the fullest extent permitted by law. Buyer acknowledges that Manufacturer shall only be deemed to give consumers of its products such statutory warranties as may be required by law and at no time shall Buyer represent to its customers and/or users of the Manufacturer’s products that Manufacturer provides any additional warranties. By accepting the products, to the fullest extent permitted by law, Buyer assumes all liability for, and agrees to indemnify and hold Manufacturer harmless against and defend Manufacturer from, any and all suits, claims, demands, causes of action and judgments relating to damages, whether for personal injury or to personal property, suffered by any person, firm, corporation or business association, including but not limited to, Buyer’s customers and/or users of the products because of any failure of the products to detect and/or warn of the danger for which the goods were designed or any other failure of the products whether or not such damages are caused or contributed to by the sole or joint concurring negligence or fault of Manufacturer.
4. RETURNS AND REPAIRS
Subject to the terms and conditions listed below, during the applicable warranty period, Manufacturer will repair or replace, at its sole option, free of charge any defective products returned prepaid. In the event you have a problem with any Manufacturer product, please call and request a RETURN MERCHANDISE
AUTHORIZATION (RMA) NUMBER from the Service Department.
In the USA and Canada, call 1-877-i-Lax123 (1-877-452-9123) please ask for Customer Service or eMail us at
2283 Argentia Road, Unit 10
Mississauga, ON L5N 5Z2
Be sure to have the model number, serial number, and the nature of the problem available for the customer service representative. Prior authorization MUST be obtained for all returns, exchanges, or credits. ITEMS SHIPPED TO Manufacturer WITHOUT A CLEARLY IDENTIFIED RMA NUMBER MAY BE REFUSED.
Products returned will be tested to verify the defect. Upon verification of the defect, the product will be repaired, exchanged, or credited to Buyer’s account, at the sole discretion of Manufacturer. In the event of replacement, the returned product will be credited to Buyer’s account and a new invoice issued for the replacement item. Manufacturer reserves the right to issue a credit only in lieu of replacement. If the product is found to be in good working order or its inability to function properly is a result of user damage or abuse, the product will be returned in the same condition as received unless repair is possible and requested by Buyer. Repairs of such nature will incur a charge for parts and labor and will proceed only by agreement with Buyer to accept the charge.
Non-Warranty Repair Buyer will be charged for repairs on out of warranty product. Applicable charges will be calculated and quoted when an RMA number is issued. Charges may vary based on actual product condition. Buyer must pay shipping costs to the Manufacturer Repair Department. Costs to repair and return defective products will be the responsibility of the Buyer. For all non-warranty repairs Buyer will be billed for parts, labor and shipping. Non-warranty repairs are warranted for 90 days from date of repair.
Return for Credit Unused Product At its option, Manufacturer may accept as a return for credit unused product in its original package and in a condition that could be sold as new provided the product was purchased from Manufacturer no more than forty-five (45) days prior to the date of return. Buyer must provide proof of purchase within the preceding forty-five (45) days and method of payment. Returns must include all original instructions and packaging within the original box. Special order items are non-returnable (unless otherwise specified by Manufacturer). All returns are subject to a fifteen percent (15%) restocking fee. For non-returnable items, no return privileges apply. Buyer must contact Customer Service and obtain a Return Authorization for Credit (RAC) number. Unauthorized returns are not accepted and will be returned freight collect.
Bad-Out-Of-Box Replacement Manufacturer will replace select product that has failed upon initial install (bad-out-of-box). Defective product must be returned within thirty (30) days of the date of the initial product invoice. If returned product is determined not to be new equipment and/or not defective, the Buyer will be invoiced for the replacement product.
5. GOVERNING LAW
If the Buyer acquires the Manufacturer’s product in the United States of America, the laws of the State of New York apply to this Limited Warranty. If the Buyer acquires the Manufacturer’s product in Canada, except where expressly prohibited by local laws, the laws in force in the Province of Ontario, Canada apply to this Limited Warranty and each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judical District of Mississauga, Province of Ontario. If the Buyer acquires the Manufacturer’s product in Mexico, the laws in force in the Federal District of Mexico will apply to this Limited Warranty.
Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect.