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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
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