THE FOLLOWING WARRANTIES CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, APPLICABLE TO ALL MIRCOM PRODUCTS (INCLUDING SOFTWARE). PLEASE READ CAREFULLY.
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 the Terms and Conditions.
2.1. Warranty. Mircom warrants that, for a period of three (3) years from the date of manufacture (the “Warranty Period”), the hardware component of any Product that is manufactured exclusively by Mircom will be free from defects in materials and workmanship at the time the Product leaves Mircom’s facilities, when used under normal use. Normal use shall exclude, without limitation, damage attributable in whole or part to any one or combination of:
(a) transit;
(b) natural disaster such as fire, flood, wind, earthquake or lightning;
(c) events beyond the control of Mircom, such as excessive voltage, mechanical shock or water;
(d) overheating due to exposure to sunlight or other heat source;
(e) unauthorized attachments, alterations, modifications or foreign objects;
(f) peripherals other than those deemed compatible by Mircom;
(g) integrated other Mircom products that are deemed non-compatible by Mircom;
(h) integrated other third party products, whether or not compatible;
(i) installation or installation environment of the products;
(j) use for a purpose other than the specific use for which it was designed;
(k) improper maintenance;
(l) any mishandling, tampering, electrical disruptions, improper application, improper repair, misuse, neglect or abuse;
(m) installation, testing or inspection;
(n) miscommunication or failure to properly and adequately communicate warnings or Products instructions; or
(o) battery or telephone line failures.
2.2. Waiver, Installation. Unless otherwise agreed to in a written separate contract, Mircom has no responsibility for, and will not perform, installation of any Product and provides no warranty as to installation and post-installation testing.
2.3. 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.
2.4. Waiver, Software. Customer acknowledges and understands that Mircom makes no warranty or guarantee, whether express or implied whatsoever, with respect to any software, whether it is a component of a Product or licensed or sold as a stand-alone software Product. For further clarity and without limiting the generality of the foregoing, Customer understands and acknowledges that any Product may be comprised entirely of software or contain software elements, in which case Mircom does not provide any warranties as to the software including without limitation its operation in an uninterrupted or error-free fashion, software meeting any other standard of performance, or the functions or performance of the software meeting any requirement of Customer or end user. For further clarity, Mircom shall in no event be liable for any delays, breakdowns, interruptions, loss, destruction, alteration or other problems in the use of a Product that may be attributable to the software.
2.5. Waiver, Third Party Manufacture or Design. Without limiting the generality of the warranty exclusions contained in these Terms and Conditions, and for clarity:
(a) Mircom’s liability or obligation pursuant to this warranty does not extend to any Product or parts thereof that is (i) 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.
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 SINGLE SPECIFIC PRODUCT 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 PRODUCT AND EXPRESSLY WAIVES ANY OTHER WARRANTY, EXPRESSED OR IMPLIED BY STATUTE OR OTHERWISE, EXCEPT FOR THE WARRANTIS EXPRESSLY CONTAINED HEREIN.
