AV Video System
Installation And Software Manual
Arecont Vision Proprietary And Confidential
p.9
not been used in accordance with applicable documentation; (iii) has been subjected to unusual stress,
neglect, misuse, abuse, improper storage, testing or connection; or unauthorized repair; or (iv) is no longer
covered under the Warranty Period. AV MAKE NO WARRANTIES OR CONDITIONS, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN THE EXPRESS LIMITED WARRANTIES
MADE BY AV ABOVE, AND AV HEREBY SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS,
STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. ALL
LICENSED PROGRAMS ARE LICENSED ON AN “AS IS” BASIS WITHOUT WARRANTY. AV
DOES NOT WARRANT THAT (I) THE OPERATION OF THE PRODUCTS OR PARTS WILL BE
UNINTERRUPTED OR ERROR FREE; (II) THE PRODUCTS OR PARTS AND DOCUMENTATION
WILL MEET THE END USERS’ REQUIREMENTS; (III) THE PRODUCTS OR PARTS WILL
OPERATE IN COMBINATIONS AND CONFIGURATIONS SELECTED BY THE END USER;
OTHER THAN COMBINATIONS AND CONFIGURATIONS WITH PARTS OR OTHER PRODUCTS
AUTHORIZED BY AV OR (IV) THAT ALL LICENSED PROGRAM ERRORS WILL BE
CORRECTED.
3. Exclusive Remedy; Limitation of Liability.
Purchaser’s exclusive remedy for a breach of the Limited
Warranty shall be limited to repair or replacement of, or refund for, the non-conforming Product (at AV’s
sole option). Product returned to AV for non-compliance with this Limited Warranty shall be returned in
accordance with the “Rejection/Return” provisions below. Any refund shall be equal to the actual purchase
price for the applicable Product. IN NO EVENT SHALL AV BE LIABLE TO PURCHASER FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM AV’S
PERFORMANCE OF FAILURE TO PERFORM, WHETHER DUE TO BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE OR OTHERWISE.
4. Repaired or Replaced Product.
The warranty for repaired or replaced Product shall be limited in
scope to the warranty set forth above, and shall have a duration of the greater of (i) the remaining Warranty
Period in the original warranty that was applicable to the original Product, extended by the time elapsed
between AV receiving notice of the non-conformity and Purchaser's receipt of the repaired or replaced
Product; or (ii) ninety (90) days following delivery to Purchaser's of the repaired or replaced Product.
5. Shipment and Risk of Loss.
All Products shipped by AV shall be packaged in AV’s shipping cartons
so as to prevent damage and shall be delivered to a common carrier FOB AV’s facilities in Altadena, CA,
USA, at which time risk of loss shall pass to Purchaser. All freight, insurance, and other shipping expenses,
as well as expenses for any special packing requested by Purchaser and provided by AV, shall be paid by
Purchaser.
6. Licensed Programs.
Upon the sale of any Product to Purchaser, AV grants to such Purchaser a non-
exclusive, non-transferable, royalty-free license to (i) install copies of the Licensed Programs in appropriate
hardware; and (ii) use the Licensed Programs for their intended purpose. Purchaser may make copies of
any Licensed Programs only as necessary to exercise its rights authorized hereunder and as necessary to
backup the Licensed Programs.
7. Payment.
Payment shall be in U.S. Dollars, and shall be due and payable in accordance with the terms
set forth on the applicable AV Quotation. Payment shall be in an amount equal to the purchase price for
the applicable Product plus all applicable taxes, shipping charges, and other charges to be borne by
Purchaser.
8. Rejection/Return.
All Products shall be deemed accepted by Purchaser twenty (20) business days after
receipt unless Purchaser rejects such Product within such twenty (20) business day period for failure to
comply with the Limited Warranty set forth in above. Upon such rejection, Purchaser shall immediately
notify AV of the rejection and shall, at AV’s option, return the Product or allow AV to inspect the rejected
Product and shall follow AV’s instructions regarding disposition of the rejected Product. Prior to the return
of any Product to AV as provided for hereunder, Purchaser shall obtain from AV’s Technical Support
Department a Return Material Authorization (“RMA”) number. Within ten (10) business days after
