THE FOLLOWING WARRANTIES CONTAIN
VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, APPLICABLE TO MIRCOM INSTALLATION SERVICES.
PLEASE READ CAREFULLY.
ARTICLE 1 – DEFINITIONS
1.1. Unless otherwise specifically defined in this document, all capitalized terms shall have the meaning ascribed to them in the Mircom standard Terms and Conditions, as may be amended from time to time in accordance with its provision, available at
https://www.mircom.com/purchase-terms-and-conditions (the
“Terms and Conditions”).
ARTICLE 2 – WARRANTY
2.1.
Scope and Application. The within warranties apply to Mircom’s services relating only to Mircom’s direct installation of such Mircom Products that are at all times and in all respects handled, manufactured, stored, shipped, installed directly by Mircom without the intervention or intermediation of the Customer or any person(s) other than Mircom directly (“Installation Services”). For clarity, any services not expressly identified herein shall be explicitly excluded from the warranted Installation Services, such as system verifications, preventative maintenance services, testing or inspections, all of which are expressly excluded from the warranted Installation Services.
2.2.
Warranty. Any Installation Services provided are warranted by Mircom to be free from defects in materials and workmanship as at the time of providing the Installation Services, for the below-defined Warranty Period, provided the Products that are subject to Installation Services have been under normal use.
“Warranty Period” shall mean the longer of the following two timelines:
(a) so long as Mircom provides preventative maintenance services for site within which the Products are integrated, pursuant to a valid Preventative Maintenance Agreement in Mircom’s form therefor; and
(b) a period not exceeding one (1) year for labour directly provided for the Installation Services and three (3) years for the hardware components.
Normal use shall mean use in accordance with the manufacturer’s instructions and manuals, explicitly excluding, without limitation, damage attributable in whole or part to any one or combination of:
(c) transit;
(d) natural disaster such as fire, flood, wind, earthquake or lightning;
(e) events beyond the control of Mircom, such as excessive voltage, mechanical shock or water;
(f) unauthorized attachments, alterations, modifications or foreign objects;
(g) peripherals other than those deemed compatible by Mircom;
(h) integrated other Mircom products that are deemed non-compatible by Mircom;
(i) integrated other third party products, whether or not compatible;
(j) installation or installation environment of the products;
(k) use for a purpose other than the specific use for which it was designed;
(l) preventative and periodic maintenance by a person other than Mircom;
(m) improper maintenance;
(n) any mishandling, tampering, electrical disruptions, improper application, improper repair, misuse, neglect or abuse;
(o) installation, testing or inspection;
(p) miscommunication or failure to properly and adequately communicate warnings or Products instructions;
(q) battery or telephone line failures; or
(r) any degree or type of intervening or
intermediate storage, handling, installation or tampering with the installed Products.
2.3.
Waiver, Verification and Testing. Unless otherwise agreed to in a written separate contract, Mircom has no responsibility for, and will not perform, verification of any Product and provides no warranty as to testing of any kind.
2.4.
Waiver, Alterations. Customer acknowledges and agrees that Mircom provides no warranty or representation with respect to any customization, modification or alteration made to Products or system software.
2.5.
Waiver. Without limiting the generality of the warranty exclusions contained in these Terms and Conditions, and for clarity Mircom’s liability or obligation pursuant to this warranty does not extend to Installation Services for any parts or labour that is related to:
(a) Third Party Manufacture or Design. (i) Products furnished by Customer or obtained from other manufacturers or suppliers at Customer’s request or to Customer specifications; (ii) related to the adequacy of any design, specification, drawings, or material furnished or specified by the Customer or third parties; or (iii) not exclusively manufactured by Mircom, which Product shall be subject solely to the terms and conditions of the original manufacturer’s warranty, if any;
(b) Verification. Products within systems that are not successfully certified as verified after completion of the Installation Services; or
(c) Obsolescence. Products that have been obsoleted by Mircom since the provision of Installation Services.
2.6.
Warranty Claim Procedures. All warranty claims shall be subject to the procedures relating to the submission and processing of claims set out in the Terms and Conditions.
2.7.
Customer Exclusive Remedy. Customer’s exclusive remedy against Mircom for any breach of any obligation, contractual, equitable or otherwise, including negligence, or any defect in any goods ordered or delivered (including under strict liability in tort and breaches by reason of alleged patent infringements) shall be, at Mircom’s option, (a) the repair or replacement of goods with respect to which claims are made or (b) the refund of the purchased price for such goods, less a reasonable charge for any actual use or diminution of value thereof that has been made or caused by the Customer, in each event in accordance with the within warranties.
2.8.
Mircom Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MIRCOM’S LIABILITY EXCEED THE PRICE FOR THE INSTALLATION SERVICES CONTRACT FOR WHICH LIABILITY IS CLAIMED, AND IN NO EVENT SHALL MIRCOM BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR (A) CONSEQUENTIAL, REMOTE, COLLATERAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOSS OF REVENUE, CUSTOMER BACK CHARGES FOR LABOUR OR OTHER INCIDENTAL COSTS INCURRED BY CUSTOMER, OR (B) DIRECT DAMAGES, OTHER THAN THOSE EXPRESSLY SPECIFIED IN THESE TERMS AND CONDITIONS.
2.9.
Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS DOCUMENT, MIRCOM MAKES NO REPRESENTATION OR WARRANTY, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INSTALLATION SERVICES AND EXPRESSLY WAIVES ANY OTHER WARRANTY, EXPRESSED OR IMPLIED BY STATUTE OR OTHERWISE, EXCEPT FOR THE WARRANTIS EXPRESSLY CONTAINED HEREIN.
