VEMCO - VR2 Manual
31
9.4
Warranty and Disclaimer
AMIRIX Systems Inc.
Warranty and Disclaimer
WARRANTY
AMIRIX Systems Inc., doing business under its trade name VEMCO, provides a one (1) year warranty period for the Product from date of shipment.
VEMCO warrants that on the date of shipment all Products manufactured by VEMCO are free from defects in material and workmanship under normal use and service. This warranty
applies to the components necessary for equipment upgrades, i.e. the VR1/VR2 to VR2W upgrade. With respect to transmitter products, while VEMCO is able to predict battery life with
some certainty, VEMCO cannot guarantee that these Products will remain functional while submerged for extended periods of time. This warranty does not apply to any equipment,
materials or design supplied by Buyer or a third party; re-battery services provided by VEMCO; Products for which VEMCO has not received payment; problems that results from: external
causes such as accident, abuse, misuse; servicing not authorized by VEMCO; usage not in accordance with Product instructions; failure to follow the Product instructions or failure to
perform preventative maintenance; usage of accessories, parts or components not supplied by VEMCO.
This warranty shall survive delivery only on the conditions and subject to the limitations set forth below.
NOTICE PERIODS
To receive a warranty remedy for a Product, Buyer must contact VEMCO’s Customer Support Department during the warranty period to receive the Return Material Authorization (“RMA”)
instructions. Each defective Product returned for warranty remedy must be shipped at the Buyer’s expense according to the RMA instructions and must include reasonable proof that the
claimed defect is due to a matter embraced within the warranty set forth above and that such defect did not result from any act or omission of Buyer, including but not limited to any failure
to operate and maintain the Product in accordance with VEMCO’s applicable written instructions.
REMEDY
VEMCO’s liability, and the Buyer’s exclusive remedy under this warranty, as to a defect in material or workmanship, is limited to the repair of such defect in the accessory, equipment or
part in which the defect appears or, at VEMCO’s option, to the replacement of such accessory, equipment or part with a similar item free from defect. As to any item repaired by VEMCO
or furnished as a replacement by VEMCO, VEMCO’s liability and the Buyer’s exclusive remedy to the repair or replacement of such item for any further defect in material or workmanship,
provided VEMCO receives written notice at Halifax, Nova Scotia, of such further defect from BUYER within ninety (90) days after the repaired or replaced item is shipped to BUYER and
provided that BUYER returns same to VEMCO as provided under “Notice Periods”.
RETURNED ITEMS
All repairs, replacements and corrections described above shall be performed by VEMCO at its plant at Halifax, Nova Scotia, or at such other place as may be mutually agreeable, and
with reasonable care and dispatch in order that the Product, accessory, equipment or part will not be kept out of service longer than necessary. Return to BUYER of a repaired,
replacement, or corrected accessory, equipment, part or Product shall be at VEMCO’s expense. Title to and risk of loss of the Product, accessory, equipment, or part returned to VEMCO
pursuant hereto shall at all times remain with the BUYER, except that title to a returned accessory, equipment, part, or Product shall pass to VEMCO concurrently with shipment to
BUYER of any item furnished by VEMCO to BUYER as a replacement therefore. VEMCO shall have only such responsibility for any Product, accessory, equipment, or part owned by the
BUYER and in the possession of VEMCO as is chargeable by law to a bailee for hire, but shall not be chargeable for loss of use thereof.
WEAR AND TEAR
Normal wear and tear and the need for regular maintenance shall not constitute a defect under this warranty.
DISCLAIMER AND RELEASE
THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF VEMCO AND THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND
BUYER HEREBY WAIVES AND RENOUNCES, ALL OTHER WARRANTIES AND OBLIGATIONS OF VEMCO AND ANY ASSIGNEE OF VEMCO AND ALL RIGHTS, CLAIMS AND
REMEDIES OF BUYER AGAINST VEMCO, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-PERFORMANCE OR DEFECT IN THE
PRODUCT OR IN ANY OTHER THING DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO:
(A)
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(B)
ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE;
(C)
ANY OBLIGATION, LIABILITY, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VEMCO OR ANY
ASSIGNEE OF VEMCO, ACTUAL OR IMPUTED;
(D)
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY FOR LOSS OF OR DAMAGE TO THE PRODUCT, FOR LOSS OF USE, REVENUE, OR
PROFIT WITH RESPECT TO THE PRODUCT; OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND
(E)
VEMCO MAKES NO REPRESENTATION THAT THE PRODUCT WILL NOT INFRINGE ANY PATENT OR OTHER RIGHTS OF ANY PERSON AND
BUYER AGREES TO INDEMNIFY VEMCO AND HOLD VEMCO HARMLESS FROM ANY AND ALL CLAIMS AND LIABILITIES WITH RESPECT TO
SAME TOGETHER WITH ANY CLAIMS AND LIABILITIES WITH RESPECT TO ANY INFRINGEMENT OF ANY PATENT OR OTHER RIGHTS OF ANY
PERSON ARISING AS A RESULT OF BUYER'S PRODUCTS, TECHNOLOGY, ACTIVITIES, OR OTHERWISE.
LICENSE AGREEMENT
VEMCO grants to the Buyer a limited, personal license, with no right to sub-license, to use the Intellectual Property (“IP”) and Embedded Software in the manner set out in the
Documentation. The Embedded Software and IP are not sold to Buyer. All property rights, including Intellectual Property Rights, remain with VEMCO. All rights related to the Embedded
Software not expressly licensed to the Buyer are reserved to VEMCO. BUYER shall not permit any person other than BUYER and its employees to use or make use of the Embedded
Software and/or IP. BUYER shall not, and shall not permit any third party to, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the
Embedded Software and/or IP. This license is assigned to the Product with which you have acquired the Embedded Software and/or IP. If the Product purchased is a Transmitter product,
be advised that the license life is equal to the operational life.
EXPORT
Products and associated materials supplied or licensed hereunder may be subject to various export laws and regulations. It is the responsibility or BUYER to comply with such laws and
regulations.
NEGOTIATED AGREEMENT
It is fully understood by the parties that the price of the Product and other mutual agreements of the parties set forth in this agreement were arrived at in consideration of this warranty,
SPECIFICALLY INCLUDING THE WAIVER, RELEASE AND RENUNCIATION BY BUYER SET FORTH ABOVE (DISCLAIMER AND RELEASE).