Panoramic Power Ltd. ("Company")
Customer Product Warranty Policy
The warranty under this Product Warranty Policy (the "Warranty Policy") is provided only to Company's Customer, who executed the Customer Agreement referencing this Warranty Policy (the "Customer Agreement"), is an integral part of the Customer Agreement, and is subject to its terms and condition. Capitalized not defined herein shall have the meaning ascribed to them in the Customer Agreement.
- This Warranty Policy applies only to the Products listed in the Customer Agreement.
- Limited Product Warranty. Subject to the terms of this Warranty Policy the Company warrants that commencing from the earlier of (a) the date of installation of the respective item at Customer's Designated Site or (b) a date that is three (3) months from its Delivery to Customer; (the "Warranty Commencement Date") and until the earlier of (i) the termination or expiration of the Term of the Agreement, or (ii) such first date on which the Customer does not pay the license fee referenced in the Customer Agreement with respect to the relevant Product; or (iii) three (3) years from the Warranty Commencement Date; (the “Warranty Period”), the Product will be free from defects in material and workmanship under normal use, provided that the Product is installed and used in accordance with the Documentation.
In the event that, during Warranty Period, Customer discovers any defect or non-conformity in the Product (subject to the restrictions and exclusions set forth herein) and seeks to activate the warranty, Customer shall, promptly after such discovery, report the defect or non-conformity to the Company by completing Return Material Authorization (“RMA”) form available on the Company's website www.panpwr.com and sending it by email to firstname.lastname@example.org. If the Company determines that the reported non-conformity is not eligible for coverage under the warranty (such as, for instance, where a restriction or exclusion to the warranty applies), the Company will notify Customer accordingly and will explain the reason why such coverage is not available.
If the Company determines that the reported defect or non-conformity is indeed eligible for coverage under the warranty, the Company will notify Customer accordingly and Customer’s sole and exclusive remedy and the entire liability of the Company and its suppliers under this limited warranty will be, at the Company’s or its service center’s option, the repair or replacement of the Product or parts thereof, provided that the Product is returned to the Company, freight and insurance prepaid. The Company replacement parts used in Product repair or replacement may be new or equivalent to new.
The Company reserves the right to provide replacement Products, or parts thereof, of similar form and function, as long as the functionality is equal to or better than Customer’s original Product. Under no circumstances shall the Company's liability under this limited warranty exceed the actual cash value of the Product at the time Customer returns the Product for repair or replacement, as determined by the price paid originally for the Product by Customer.
- RMA Procedure. Where the RMA Procedure is invoked by the Company, the following terms will apply: (i) The Company will instruct Customer how to package and ship the Product or part(s) thereof to the designated location. Customer will bear the cost of such shipment. (ii) Upon receipt of the Product, the Company will diagnose the defective Product and determine the cause and what corrective action should be taken. The Company will, at its expense, either repair or replace the Product. Thereafter, the Company will deliver the repaired or replaced Product or part(s) thereof to Customer at Customer’s Designated Site. The Company will bear the cost of such shipment. Customer is responsible for any import fees, duties, taxes and similar changes with respect to such shipment. Customer acknowledges and agrees that (a) the foregoing arrangements are subject to change from time to time, and (b) failure to comply with the RMA procedures and the Company’s directions shall void the warranty set out herein.
THE WARRANTIES SET OUT HEREIN ARE IN LIEU OF ANY OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS PURCHASED BY CUSTOMER FROM THE COMPANY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT), ALL OF WHICH ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Restrictions & Exclusions. This warranty does not apply and shall be of no force and effect if the Product (i) has been altered or disassembled by any individual except by an authorized Company agent; (ii) has not been installed, operated, repaired or maintained in accordance with the Documentation supplied by the Company and/or by a Company certified installer; (iii) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident, or the Product has not been maintained in accordance with the requirements specified in the Documentation; (iv) has been damaged as a result of service, testing, adjustments, installations, modifications, alterations or attachments thereto which were not pre-authorized in writing by the Company or which were forbidden as specified in the Documentation; (v) has been used in combination with equipment, items, software or materials not permitted by the Documentation or not authorized in advance in writing by the Company; (vi) has been damaged or rendered non-functional as a result of power failure or power surges, lightning, fire, flood, pest damage, accident, action of third parties, or other events beyond the Company’s reasonable control or not arising from normal operating conditions; (vii) is provided for beta evaluation, trial, pilot testing or demonstration purposes; or (viii) has been damaged during or in connection with shipping or transport to or from Customer where Customer arranges such shipping or transport. This Warranty Policy provides no coverage for any of the following: (i) plastics – including defects in appearance, cosmetics, decorative or structural items including flaming and non-operative parts; (ii) sensor calibration; (iii) expenses related to removing or reinstalling the Product; (iv) firmware upgrades or updates; and (v) software performance; and (vi) misuse, water damage, abuse.
- General. Notwithstanding anything to the contrary herein and except where the Company expressly waives the following terms in writing, the warranty granted under this Warranty Policy shall not become active and Customer may not assert any claim under the warranty until such time as Customer has made all payments to the Company in accordance with the Customer Agreement. This Warranty Policy may be updated from time to time by the Company, in which case the Company will provide notice thereof to Customer.
COPYRIGHT © 2016, Panoramic Power Ltd. All Rights Reserved.