Appendix A
:
A.2
Instreamer ICE Warranty
The warranty terms are part of the General Terms and Conditions of Barix AG. The warranty
period for defects due to material flaws, design errors or careless work is two years from
time of purchase by the end customer. The contractual partner undertakes to notify supplier
immediately in writing of any hidden defects identified during the warranty period.
The warranty does not apply for defects for which the supplier is not responsible, such as
natural wear and tear, force majeure, handling and usage of the delivered product by the
contractual partner or third parties which is inappropriate and contrary to regulations and
purpose, interventions by the contractual partner or third parties, excessive loads, unsuitable
equipment, faulty maintenance or extreme environmental influences, as well as in the event
of modifications made by the contractual partner to products before reselling them to third
parties.
The warranty also does not apply in the event of defects which would have been identified
during the course of a proper inspection of the products, as specified in the General Terms
and Conditions of Barix. The supplier undertakes at his discretion to repair as quickly as
possible, or replace products which are demonstrably defective, during the warranty period
as a result of the use of bad-quality materials, faulty design or poor workmanship or which
do not exhibit the features contractually guaranteed. The contractual partner must provide
the supplier with all relevant information for this. Replaced parts are the property of the
supplier. If it transpires that the supplier is not responsible for a particular defect, the product
shall be repaired by the supplier against payment.
The supplier is only ever liable for direct damage to the delivered item which has occurred at
the contractual partner’s site. Liability for indirect or consequential damage, such as loss of
profits, third party claims and damage caused by the contractual partner’s failure to comply
with contractual obligations, is explicitly excluded.
The contractual partner does not have any further rights arising out of product defects other
than those explicitly mentioned above.
A.2.1
RMA:
If a device is deemed defective, the following procedure shall apply:
a) Customer claiming for defective device shall send a failure report to the distributor
b) Distributor shall review the failure report and provide any tips or suggest rectification
measures
c) After investigation, distributor may authorize the customer for returning material
(distributor RMA)
d) Any product found to be defective within 30 days of receipt at the customer shall be
deemed Dead on Arrival (DOA) and advance replaced by the distributor.
e) Upon receipt of the failed device, the distributor shall attempt to operate a serial rescue
with standard firmware, confirm failure and eventually attempt to determine the cause.
f) If failure is confirmed, the distributor shall contact Barix support (
)
providing the failure report in accordance with (a) and (e) and all relevant information.
g) Barix support reviews the failure report and provides tips or suggests rectification
measures
h) After verification Barix support may authorize the distributor for returning material (Barix-
RMA). For Barix-RMA products, returns to Barix are regarded as the provision of the
products at the supplier's office.
i) In the event the defect is confirmed to have been caused by user mishandling (non-
intended operation, incorrect connection, etc.), the device shall be repaired on a cost basis
j) For devices demonstrably defective during the warranty period, Barix shall authorize
replacement of the defective device free of charge with the next regular shipment. Replaced
parts are the property of the supplier.
k) If it transpires the supplier is not responsible for a particular defect, the product shall be
repaired by the supplier against payment.