INVICT LIMITED WARRANTY STATEMENT
Limited Hardware Warranty
Invict warrants the original purchaser of the equipment that the hardware products (the “Products”) will be free from defects in workmanship and materials, under normal use and service, for two years from the date of the original purchase, unless a different period is otherwise expressly stated below (the “Warranty Period”). Invict’s obligation under this warranty is expressly limited to supplying replacement parts, repairing, or replacing, at its sole option, any product which Invict, in its sole judgment and discretion, determines contained a defect in materials or workmanship at the time of shipment from Invict. Should none of the foregoing options be reasonably available, Invict may, at its sole discretion, refund the purchase price paid for the defective product. Replaced products will become the property of Invict. Replacement products or parts may be new or reconditioned. Invict will warrant any repaired or replaced product for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer. This warranty does not include on‐site service or removal and re‐installation costs. Products returned to Invict must be properly packaged for safe shipment and shipped prepaid to Invict. Responsibility for loss or damage of the returned item will only transfer to Invict once it is received by Invict, it is recommended shipping is done by means that provide tracking and delivery confirmation. The repaired or replaced item will be shipped at Invict’s expense, a maximum thirty (30) days after defective product is delivered at Invict. This warranty is valid only on Invict products and is subject to the limitations and exceptions listed below.
If any person or entity other than Invict repairs or replaces parts on the Products without Invict’s the prior written consent, this limited warranty shall be void with respect to the part or component of the Products so repaired or replaced, and with respect to any other part or component related thereto.
Limited Software Warranty
Invict warrants the original purchaser that the software product (whether pre-loaded on hardware or provided as a standalone product) will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of hardware shipment from Invict of software download. Invict’s obligation under this warranty is expressly limited to repairing or replacing the defective software. Should none of the foregoing options be reasonably available, Invict may, at its sole discretion, refund the purchase price paid for the defective product. Invict will warrant any replaced software to perform substantially in accordance with the accompanying documentation for a period of ninety (30) days, or the remainder of the initial warranty period, whichever is longer.
THIS LIMITED WARRANTY IS EXCLUSIVE, IS INVICT’s ONLY WARRANTY, AND IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES. INVICT HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND WARRANTIES THAT MAY BE IMPLIED BY LAW, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE OR SPECIFIED USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INVICT, ITS SUBSIDIARIES, AND PARENTS SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ALL LIABILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY HOWEVER CAUSED, WHETHER BY THE NEGLIGENCE OF INVICT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY (i) FOR LOST REVENUES, LOST PROFITS, LOSS OF USE, THE COST OF DATA RECOVERY FROM HARD DISK DRIVES, THE VALUE OF DATA THAT CANNOT BE RECOVERED FROM HARD DISK DRIVES, OR ANY OTHER COMMERCIAL LOSSES OF ANY TYPE; (ii) FOR INJURY TO OR DEATH OF ANY PERSONS IN CONNECTION WITH THE PRODUCTS; AND (iii) LIABILITY WHICH YOU HAVE TO ANY OTHER PERSON, IRRESPECTIVE OF WHETHER SUCH LIABILITIES WOULD OTHERWISE ARISE FROM STATUTE, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE. ALL RIGHTS GRANTED TO YOU UNDER THIS LIMITED WARRANTY ARE CONDITIONED UPON AND SHALL ONLY ARISE IF THEY ARE EXERCISED IN THE MANNER DESCRIBED BELOW, AND ARE LIMITED TO THE ONE, SOLE AND EXCLUSIVE REMEDY OF REPAIR OR REPLACEMENT, AS SPECIFIED HEREIN. INVICT DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FOR SOFTWARE PRODUCTS, YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT. INVICT’S SOLE RESPONSIBILITY IS TO REPAIR OR REPLACE SUCH DEFECTIVE ITEMS OF WHICH INVICT SHALL HAVE RECEIVED TIMELY AND PROPER NOTICE AS PROVIDED HEREIN. ALL REPAIRS PERFORMED BY INVICT AND ALL REPLACEMENT OF PARTS BY INVICT SHALL BE SUBJECT TO THE SAME LIMITED WARRANTY PROVIDED HEREIN AND THE SAME DISCLAIMERS OF OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SPECIFIED USE AND THE DISCLAIMER OF LIABILITY FOR ANY AND ALL INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THIS WARRANTY DOES NOT COVER: malfunction, defect, failure, or damage (i) caused by or resulting from impact, mishandling, tampering, or use contrary to the applicable instruction manual; (ii) arising from ordinary wear and tear, wind, fires, storm, earthquake, incorrect power line voltage,power surges, power outages, inadequate or improper lighting, adverse weather conditions or other acts of God, nature or third parties, your or operators abuse or neglect, misuse, accident or mishap, or other hazards; (iii) arising from shipping; (iv) arising from work, repairs or alterations performed by others than Invict; (v) routine cleaning, normal cosmetic and mechanical wear and tear; (vi) failure to follow Invict’s installation, operation, or maintenance instructions; (vii) unauthorized use of common carrier communication services accessed through the product; and/or (viii) parts or accessories manufactured by persons other than Invict and warranted by such persons.
You acknowledge and agree, and represent and warrant to Invict, that the Products are not and will not be used as consumer goods or consumer products, are not going to be used for personal, family or household purposes, and are intended exclusively for commercial, and not consumer, use. You acknowledge and agree that this limited warranty is exempt from the provisions of the Magnuson‐Moss Federal Warranty Act. Other than as set forth herein, no agent, employee, or representative of Invict has any authority to bind Invict to any other warranty, or to make any other representations or affirmations concerning the Products or any parts thereof. No affirmation, representation, or warranty made by any agent, employee or representative of Invict, shall be binding upon Invict unless the same is specifically included within this agreement.