HA1500 WARRANTY TERMS & CONDITIONS
1. DEFINITIONS
1.1 These terms and conditions govern any warranty claim for the HA1500
product (“the Product”) supplied by Immersion Technologies International plc
(Company No. 5542880) (‘ITI’) to a purchaser of ITI Product (“the Buyer”)
whether modified by legislation or otherwise.
1.2 For the purpose of these terms and conditions and where the context permits:-
“
ITI Authorised Service Centre
” means premises that are authorised and
approved by ITI for the repair and/or replacement of ITI product as determined
from time to time by ITI.
“Standard Warranty” means the terms and conditions of this agreement.
“
Standard Warranty Period
” means 12 months from the date of purchase of
the Product by the Buyer.
2. GENERAL
2.1 Subject to the Standard Warranty, ITI agrees to repair or replace at ITI’s cost
the Product, and any ITI accessory supplied with it, purchased by the Buyer
from ITI or an authorized seller and identified as not performing in accordance
with ITI specifications during the Standard Warranty Period.
2.2 ITI reserves the right to replace the Product or relevant part with the same or
equivalent Product or part, rather than repair it. Where a replacement is
provided the Product or part replaced becomes the property of ITI.
2.3 ITI may replace parts with refurbished parts.
2.4 Replacement of the Product or a part does not extend or restart the Standard
Warranty Period.
2.5 In the event of a claim under this Standard Warranty, the Product must be
returned to an ITI Authorised Service Centre at the Buyer’s cost.
2.6 The Product will be at the Buyer’s risk whilst in transit to and from the ITI
Authorised Service Centre, unless transported by ITI or its authorised
representatives.
2.7 ITI and its Authorised Service Centre may seek reimbursement from the Buyer
of any costs incurred by ITI if the Product is found to be in good working order.
3.
GENERAL EXCLUSIONS AND LIMITATIONS
3.1 To the full extent permitted by law, this Standard Warranty will not apply:-
a.
if the Product has not been installed, operated, maintained or used in
accordance with ITI’s instructions or specifications provided with the Product;
b.
if the factory-applied serial number has been altered or removed from the
Product;
c.
to damage, malfunction or failure resulting from alterations, accident, misuse,
abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an
incorrect voltage, power surges and dips, thunderstorm activity, acts of God,
voltage supply problems, tampering or unauthorised repairs by any persons,
use of defective or incompatible accessories, the operation of a computer
virus of any kind, exposure to abnormally corrosive conditions or entry by any
insect, vermin or foreign object in the Product;
d.
to damage arising during transportation, installation or while moving the
Product, or to any transportation costs of the Product or any parts thereof to
and from you, unless otherwise specified in these warranty conditions;
e.
to any third-party software or hardware not contained in the Product as
originally configured by ITI;
f.
to any failure, to the extent that the failure is not a failure of the Product to
perform in accordance with its specifications.
g.
to any wear and tear;
h.
in commercial, business, industrial, educational or rental applications.
i.
replacement or repair of any
i.
consumables (including batteries and cables), or
ii.
lost parts or accessories.
j.
to service of any product unless returned to an ITI Authorised Service Centre.
3.2 To the full extent permitted by law ITI will not be liable for any loss, damage or
alterations to;
a.
third party hardware or software; or
b.
programs, data or information stored on any media or any part of the Product,
no matter how occurring; or
c.
for any loss or damage arising from loss of use, loss of profits or revenue, or
for any resulting indirect or consequential loss or damage.
3.3 ITI’s aggregate liability in respect of all claims under the Standard Warranty
shall not exceed the original purchase price of the Product or, at ITI’s option,
the cost of replacing the Product.
3.4 ITI excludes all other warranties, conditions, terms, representations and
undertakings, whether express or implied.
4 SEVERABILITY
As far as possible the parties must ensure that:
a.
this Standard Warranty is construed so as not to be invalid, illegal or
unenforceable;
b.
if a provision of this Standard Warranty is illegal, invalid or unenforceable,
then that provision is read down to the extent necessary to ensure that it is not
illegal, invalid or unenforceable and so as to give it a valid operation of a
partial character; and
c.
if a provision or part of it cannot be read down, then that provision or part is
deemed to be void and severable and the remainder of this Standard
Warranty continues to be valid and enforceable.
5 NOTICES
A notice must be in writing and delivered to the other party by post, facsimile, email
or delivery by hand.
6 JURISDICTION
This Standard Warranty shall be governed by the laws of the United Kingdom and
each party submits to the jurisdiction of the courts of the State or Territory in which
the Product is sold.
7 TIME
Time shall be of the essence.