A. Standard Product Warranty. NVIS warrants that NVIS-manufactured and NVIS-branded Products will be free from Defects in material and workmanship when used in accordance with the user manual supplied with the Product, and will operate substantially in accordance with the applicable functional specifications applicable to the product release purchased. With respect to products furnished by NVIS that are not NVIS-manufactured or -branded products, NVIS assigns to the Customer, to the extent allowed, the applicable manufacturer warranty, such that the product warranty will exist between the Customer and the applicable manufacturer. For purposes of this warranty, the term “Defects” shall mean a defect in the Product that materially affects its operation or performance as defined by the manufacturing or design specification for that Product. NVIS’ then-current Warranty Repair Policy shall apply to all repair services performed on Product under Warranty.
B. Warranty Period. The Standard Product warranty shall extend to the purchased Product for a period of twelve (12) months from the date of shipment, unless otherwise stated on a formal quotation issued by NVIS.
C. Extended Warranty Period. The Extended Product warranty shall extend the standard warranty period on affected Product for an additional period of twelve (12) or twenty-four (24) months, whichever is purchased by Customer, from the date of expiration of the Standard Warranty, unless otherwise stated on a formal quotation issued by NVIS. An Extended Warranty must be purchased and while the Product is covered by an active Warranty (Standard or Extended), and NVIS will not authorize coverage beyond 36 months from original date of Product shipment.
D. 3rd Party Products. With respect to any products sold but not manufactured by NVIS or bearing the NVIS label, NVIS will assign to Customer all available manufacturer warranties.
E. Warranty Scope and Exclusions. NVIS' sole liability under this warranty shall be (1) either to repair or to replace, at NVIS’ option and cost, the defective Product component(s) in accordance with NVIS’ return and repair procedures, or (2) if after repeated efforts NVIS is unable to resolve the defect by repair or replacement, to refund the purchase price upon return of the defective item. NVIS shall incur no obligation under this warranty if (a) the allegedly defective Product is returned to NVIS more than thirty (30) days after the expiration of the applicable warranty period; (b) if NVIS’ verifiable tests disclose that the alleged defect is not due to Defects in material or workmanship; (c) if the alleged defect is a phenomena inherent to the technology such as image retention or burn-in; or (d) if, in NVIS’ sole judgment, the Product has been subjected to misuse or neglect, alteration, improper maintenance, storage or handling, damage due to excessive physical or heat or stress, or use not in accordance with NVIS’ Product specification or documentation. This Product warranty is void if the serial number of the Product has been defaced, altered or removed.
F. Product Repair Warranty. See Repair Policy, document no. 104214.
WARRANTY LIMITATIONS AND EXCLUSIONS
A. THE WARRANTIES SET FORTH ABOVE FOR THE PRODUCTS PROVIDED HEREUNDER ARE COMPLETE AND ARE IN LIEU OF, AND CUSTOMER HEREBY WAIVES, ALL OTHER CONDITIONS, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM OF THE TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANY OTHER OR PRIOR STATEMENT, WRITTEN OR ORAL, NVIS MAKES NO OTHER WARRANTIES REGARDING THE QUALITY OF ITS PRODUCT(S) OR THE MATERIALS CONTEMPLATED HEREUNDER AND NVIS EXPRESSLY DISCLAIMS ANY WARRANTIES OF DURABILITY, THAT THE PRODUCT WILL MEET ALL OF CUSTOMER'S NEEDS, OR THAT THE OPERATION OF THE PRODUCTS WILL BE ERROR FREE.
B. Customer acknowledges and agrees that the Products supplied under this Agreement are intended for standard commercial uses and are not specifically designed, manufactured or intended for use or resale in critical applications or hazardous environments requiring fail-safe performance and in which the failure of Products could lead directly to death, personal injury, or severe physical or environmental damage (€œHigh Risk Activities€). NVIS and its suppliers explicitly disclaim any express or implied warranty of fitness for any such use and the customer hereby agrees to release and hold NVIS harmless from liability resulting out of or in connection with implementation of these Products in High Risk Activities.
C. NVIS'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID BY CUSTOMER FOR THE PRODUCT OR TO REPLACEMENT OF THE PRODUCT, AND CUSTOMER SHALL BE ENTITLED TO NO OTHER REMEDY, REGARDLESS OF THE FORM OF THE CLAIM. NVIS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, ATTORNEYS' FEES, DAMAGE TO BUSINESS, LOSS OF USE OF EQUIPMENT, COST OF CAPITAL, DOWN-TIME COSTS OR DAMAGES FOR DELAY, OR FOR DAMAGES FOR ECONOMIC LOSSES OR PROPERTY DAMAGE ARISING FROM ANY ACTS OR OMISSIONS, WHETHER IN NEGLIGENCE, STRICT LIABILITY, OR OTHER PRODUCT LIABILITY THEORIES. THE LIMITATIONS OF LIABILITY AND WARRANTY DISCLAIMERS STATED IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.
PRODUCT REPAIR AND RETURN PROCEDURES
A. No Product shall be returned without prior NVIS authorization. Inoperative or malfunctioning Product must be returned by Customer to NVIS or it authorized reseller in its original packaging, or equally protective packaging to prevent damage in transit, with the original proof of purchase, and shipped prepaid to:
Attn: Case/RMA ####
11495 Sunset Hills Road, Suite 106
Reston, VA 20190 USA
B. NVIS or its authorized reseller will return repaired/replaced Product, at its cost, via surface freight to Customer's location. The cost of expedited freight, if requested, shall be at Customer's expense. Product found not to be defective or otherwise operable after testing (i.e., no trouble found), is not covered by the Product Warranty and Customer shall be responsible for all repair costs and shipping and handling charges.
C. Repairable out-of-warranty Product will be repaired at NVIS's then-current repair charges upon receipt of the Product and Customer's applicable purchase order or other written authorization to repair, in accordance with the then current NVIS out-of-warranty repair policy.