12/2019
Page 63
5IN2812 C
Standard Limited Product Warranty
RISCO Ltd., its subsidiaries and affiliates (“
Risco
") guarantee Risco’s hardware products to be
free from defects in materials and workmanship when used and stored under normal
conditions and in accordance with the instructions for use supplied by Risco, for a period of (i)
24 months from the date of connection to the Risco Cloud (for cloud connected products) or (ii)
24 months from production (for other products which are non-cloud connected), as the case
may be (each, the “
Product Warranty Period
” respectively).
Contact with customers
only
. This Product Warranty is solely for the benefit of the customer
who purchased the product directly from Risco, or from any authorized distributor of Risco.
Nothing in this Warranty obligates Risco to accept product returns directly from end users that
purchased the products for their own use from Risco’s customer or from any installer of Risco,
or otherwise provide warranty or other services to any such end user. Risco customer shall
handle all interactions with its end users in connection with the Warranty, inter alia regarding
the Warranty. Risco’s customer shall make no warranties, representations, guarantees or
statements to its customers or other third parties that suggest that Risco has any warranty or
service obligation to, or any contractual privy with, any recipient of a product.
Return Material Authorization
. In the event that a material defect in a product shall be
discovered and reported during the Product Warranty Period, Risco shall, at its option, and at
customer's expense, either: (i) accept return of the defective Product and repair or have
repaired the defective Product, or (ii) accept return of the defective Product and provide a
replacement product to the customer. The customer must obtain a Return Material
Authorization (“
RMA
”) number from Risco prior to returning any Product to Risco. The
returned product must be accompanied with a detailed description of the defect discovered
(“
Defect Description
”) and must otherwise follow Risco’s then-current RMA procedure in
connection with any such return. If Risco determines in its reasonable discretion that any
Product returned by customer conforms to the applicable warranty (“
Non-Defective
Products
”), Risco will notify the customer of such determination and will return the applicable
Product to customer at customer’s expense. In addition, Risco may propose and assess
customer a charge for testing and examination of Non-Defective Products.
Entire Liability.
The repair or replacement of products in accordance with this warranty shall
be Risco’s entire liability and customer’s sole and exclusive remedy in case a material defect in
a product shall be discovered and reported as required herein. Risco’s obligation and the
Warranty are contingent upon the full payment by customer for such Product and upon a
proven weekly testing and examination of the product functionality.
Limitations
. The Product Warranty is the only warranty made by Risco with respect to the
Products. The warranty is not transferable to any third party. To the maximum extent
permitted by applicable law, the Product Warranty does not apply and will be void if: (i) the
conditions set forth above are not met (including, but not limited to, full payment by customer
for the product and a proven weekly testing and examination of the product functionality); (ii)
if the Products or any part or component thereof: (a) have been subjected to improper
operation or installation; (b) have been subject to neglect, abuse, willful damage, abnormal
working conditions, failure to follow Risco’s instructions (whether oral or in writing); (c) have
been misused, altered, modified or repaired without Risco’s written approval or combined
with, or installed on products, or equipment of the customer or of any third party; (d) have
been damaged by any factor beyond Risco’s reasonable control such as, but not limited to,
power failure, electric power surges, or unsuitable third party components and the interaction
of software therewith or (e) any delay or other failure in performance of the product
attributable to any means of communications, provided by any third party service provider
(including, but not limited to) GSM interruptions, lack of or internet outage and/or telephony
failure.
BATTERIES ARE EXPLICITLY EXCLUDED FROM THE WARRANTY AND RISCO SHALL
NOT BE HELD RESPONSIBLE OR LIABLE IN RELATION THERETO, AND THE ONLY
WARRANTY APPLICABLE THERETO, IF ANY, IS THE BATTERY MANUFACTURER'S
WARRANTY.
Risco makes no other warranty, expressed or implied, and makes no warranty of
merchantability or of fitness for any particular purpose. For the sake of good order and
avoidance of any doubt:
