This Miovision Limited Warranty, as defined in Section 1 below, applies only to the original end-customer (“Customer”) who purchased the genuine Miovision Scout™ hardware (“Scout”); Miovision TrafficLink™ hardware (“TrafficLink”); and/or software products developed by Miovision for use with Moivision hardware (“Firmware”), and may not be transferred or assigned, except as permitted herein. In this Miovision Limited Warranty, the defined term “Product(s)” shall refer to Scout hardware products(s), TrafficLink hardware product(s), and/or Firmware, or a combination of any of the foregoing. For clarity, this Miovision Limited Warranty does not apply to any other Miovision goods, software, subscription services, data processing services, support, documentation, parts, deliverables, or any other goods or services of any kind whatsoever.
This Miovision Limited Warranty applies only to the Customers who purchased the genuine Miovision Product(s). In the event the Customer purchased the Product(s) through an authorized Miovision distribution partner (“Partner”), the Partner shall transfer, and shall be deemed to have transferred, this Miovision Limited Warranty to the Customer upon the Customer’s purchase of the Product(s) from the Partner. Save and except for the foregoing permitted transfer, neither the Partner nor the Customer has any other right to transfer this Warranty to any other person or entity.
1. LIMITED WARRANTY FOR PRODUCTS.
(a) TrafficLink Warranty. Miovision warrants that, for three (3) years from the date of shipment of the TrafficLink Products from Miovision’s facility (the “TrafficLink Warranty Period”), the TrafficLink Products shall be free of problems due to workmanship and component defects and function substantially in accordance with Miovision’s then-current written documentation for the TrafficLink Products, if any (the “TrafficLink Limited Warranty”).
(b) Scout Warranty. Miovision warrants that, for one (1) year from the date of shipment of the Scout Products from Miovision’s facility (the “Scout Warranty Period”), the Scout Products shall be free of problems due to workmanship and component defects and function substantially in accordance with Miovision’s then-current written documentation for the Scout Products, if any (the “Scout Limited Warranty”, together with the TrafficLink Limited Warranty, the “Miovision Limited Warranty”).
2. EXTENDED WARRANTY. At any time within the applicable Warranty Period, the Customer may purchase, for TrafficLink Products, one (1) further two (2) year extension to the TrafficLink Warranty Period and, for Scout Products, Customer may purchase, one (1) further one (1)-year extension to the Scout Warranty Period (individually referred to as the “Extended Warranty”, as applicable). The cost of this Extended Warranty shall be set forth in an applicable Miovision quotation.
3. EVIDENCE OF PURCHASE. Customer must provide a proof of purchase of the applicable Products in the form of a bill of sale or receipted invoice, together with confirmation of date of shipment, as evidence that the applicable Products are within the applicable Warranty Period in order to obtain a warranty service under the applicable warranty.
4. WARRANTY SERVICES. Customer who require warranty service under this Miovision Limited Warranty and who purchased the applicable Product from a Partner, should contact the Partner as the first point of contact for warranty service. Customers who require warranty service under this Miovision Limited Warranty and who purchased the applicable Product from Miovision may contact Miovision for warranty service. The Customer shall provide sufficient detail to Partner or to Miovision, as applicable, such that Partner or Miovision, as applicable, can provide reasonable support in relation to the issue. The Partner or Miovision, as applicable, will investigate and determine whether this Miovision Limited Warranty applies to the malfunction and whether the applicable Product is validly within the applicable Warranty Period as set out in this Miovision Limited Warranty. If the Product is determined by the Partner or Miovision, as applicable, to be defective per the applicable warranty during the valid Warranty Period applicable to that Product, the Partner or Miovision, as applicable, will repair or replace the defective Product, at its option, and at no charge to the Customer. This Miovision Limited Warranty shall be invalid if the factory-applied serial number has been altered or removed from the applicable Product.
5. ADVANCED REPLACEMENT. During the applicable Warranty Period, if the cause of the malfunction cannot be determined or resolved by the Partner or Miovision, as applicable, over telephone or email with the Customer and a replacement is required for a defective Product, the Partner or Miovision, as applicable, may send the Customer a replacement Product in advance of receiving the defective Product back from the Customer or Partner, as applicable. If Partner elects to do the advanced replacement for the Customer itself, the Partner shall be responsible for all costs, expenses and inventory related to same and Miovision shall have no responsibility or liability therefor and shall have no obligation to reimburse Partner for the costs of the defective Product, shipping, or the replacement Product. If Partner elects instead to submit a request to Miovision to do the advanced replacement for the Customer, Partner shall promptly notify Miovision of same by email at email@example.com or by phone at 877-646-8476 and provide evidence and findings from the Partner’s investigation of the warranty claim. Miovision may, in its discretion, send the Customer a replacement Product in advance of receiving the alleged defective Product back from the Customer or Partner. In the event Miovision sends the Customer a replacement Product in advance of receiving the alleged defective Product back from the Customer or Partner, as the case may be, the Customer shall return the defective Product to Partner or Miovision, as applicable, within thirty (30) days of Customer receiving the advanced replacement, failing which the Customer shall be responsible to pay Partner or Miovision, as applicable, for the full purchase price of the advanced replacement Product provided to the Customer.
6. WARRANTY FOR REPAIRED/REPLACED PRODUCTS. If Partner or Miovision, as applicable, repairs or replaces any Product during the applicable Warranty Period, the warranty on the repaired or replaced Product shall expire at the end of the applicable Warranty Period for the original Product that became defective. Miovision may use refurbished parts and materials in repair or replacement of Products, provided that such parts and materials are of equal value and functionality, as determined by Miovision in its sole discretion.
7. NON-WARRANTY/OUT-OF-WARRANTY SERVICES. If Partner or Miovision, as applicable, determines that the Product is defective due to a cause not covered by this Miovision Limited Warranty (or the Extended Warranty, as the case may be) including, without limitation, due to one of the exclusions set out in Section 8 (Exclusions to Warranty) below, the Limited Warranty (or Extended Warranty, as the case may be) will not apply. Partner or Miovision, as applicable, will notify Customer that the Miovision Limited Warranty (or Extended Warranty, as the case may be) is not applicable to End User’s claim. Should the Customer wish to proceed with out-of-warranty services for the out-of-warranty Product, Miovision will provide the Customer a quote for the maximum possible repair or replacement cost, plus shipping, for such out-of-warranty Product. Prior to Miovision commencing any out-of-warranty services, the Customer must: (i) confirm to Miovision, in writing, Customer’s acceptance of the quote for the out-of-warranty services; and (ii) deliver the out-of-warranty Product, at Customer’s cost, in either its original packaging or packaging affording an equal degree of protection as the original packaging, to Miovision. If Miovision is able to repair the out-of-warranty Product for an amount less than quoted, Miovision shall only invoice the Customer for the actual cost of the repair and the return shipping costs to send the repaired out-of- warranty Product to the Customer. In the event that Miovision, in its sole discretion, chooses to provide Customer with an advanced replacement Product rather than repair the out-of-warranty Product, the Customer will be billed and become liable for the purchase price of the advanced replacement Product, and all shipping costs to send the advanced replacement Product to the Customer.
8. EXCLUSIONS TO WARRANTY.
(a)This Miovision Limited Warranty does not include, and Miovision shall have no liability whatsoever with respect to, cosmetic damage, or damage resulting from:
(i) Partner’s or Customer’s failure to follow Miovision’s instructions for installation, use, operation, or maintenance of the Product;
(ii) alteration, modification, or misuse of the Product in any way;
(iii) the combination, operation, or use of the Product with any materials, parts, equipment, or devices not manufactured or approved by Miovision;
(iv) any other improper installation, operation, or use;
(v) attempted repair by anyone other than Miovision or other facility authorized by Miovision to service the Product;
(vi) accident, abuse, negligence, the connection to an improper voltage supply, acts of God; or
(vii) general wear and tear from normal Product use;
(b) This Miovision Limited Warranty does not apply to:
(i) Products that are provided on an “AS IS” or “WITH ALL FAULTS” basis;
(ii) any Products provided for trial, demo, or evaluation;
(iii) any antenna; and
(iv) any consumables including, but not limited to, any batteries for the Product.
(c) Miovision does not warrant:
(i) that the functions of, or contained in, the Products will meet any Partner or Customer requirements or specifications;
(ii) the operation of the Products will be free from defects or viruses or be secure;
(iii) the Products will appear or operate precisely as described in any documentation, or that all errors will be corrected;
(iv) the Products will operate without interruption or error-free or at particular performance levels;
(v) the quality, completeness, accuracy, usefulness, or integrity of any information resulting from the use of the Products; or
(vi) that the Products will not give rise to, or cause errors, bugs, or other defects that can impact on all or any of the foregoing.
9. EXCLUSIVE REMEDY. THE PROVISIONS OF THIS MIOVISION LIMITED WARRANTY STATE MIOVISION’S SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY TO CUSTOMER, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY BREACH OF ANY WARRANTY REGARDING MIOVISION’S PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS MIOVISION LIMITED WARRANTY, MIOVISION’S PRODUCTS, SUBSCRIPTION SERVICES, DOCUMENTATION, DELIVERABLES, SUPPORT, PARTS AND ANY OTHER GOODS OR SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OF ANY KIND. MIOVISION, ON BEHALF OF ITSELF AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS, HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) REGARDING OR RELATING TO MIOVISION’S PRODUCTS, SUBSCRIPTION SERVICES, DOCUMENTATION, DELIVERABLES, SUPPORT, PARTS, OR ANY OTHER GOODS OR SERVICES. THE EXPRESS WARRANTIES SET FORTH ABOVE IN THIS MIOVISION LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, FOR ALL OF MIOVISION’S PRODUCTS, SUBSCRIPTION SERVICES, DOCUMENTATION, DELIVERABLES, SUPPORT, PARTS, AND OTHER GOODS OR SERVICES, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR ANY PURPOSE (PARTICULAR, SPECIFIC OR OTHERWISE), TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MIOVISION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR ANY PURPOSE (PARTICULAR, SPECIFIC OR OTHERWISE) WITH RESPECT TO MIOVISION’S PRODUCTS, SUBSCRIPTION SERVICES, DOCUMENTATION, DELIVERABLES, SUPPORT, PARTS, AND OTHER GOODS OR SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.