LIMITED ONE-YEAR PRODUCT WARRANTY
THE FOLLOWING SETS FORTH THE LIMITED ONE-YEAR WARRANTY APPLICABLE TO THE 3I PRODUCT, EXCLUDING 3I SOFTWARE, PURCHASED BY CUSTOMER (“LIMITED ONE-YEAR WARRANTY”). THIS LIMITED ONE-YEAR WARRANTY IS EFFECTIVE FOR THE 12-MONTH PERIOD COMMENCING ON THE DATE THE PRODUCT IS SHIPPED BY 3I. THE PRODUCT IS DEFINED HEREIN AS EQUIPMENT, PARTS AND ACCESSORIES SOLD BY 3I TO CUSTOMER. FOR PURPOSES OF THIS LIMITED ONE-YEAR WARRANTY, THE PRODUCT SHALL NOT INCLUDE 3I SOFTWARE, WHICH IS SOLD AND WARRANTED SEPARATELY.
WHAT IS COVERED IN THIS LIMITED WARRANTY.
This Limited One-Year Warranty covers defects in materials and workmanship in the Product. During the warranty period, 3i shall:
- Provide webinar-based and in-person training, on an as needed and reasonable basis, on Product operation and maintenance where expressly specified in the 3i Product price quotation applicable to Customer’s Product.
- Provide consultation and technical support by e-mail, telephone and/or video chat and remote desktop regarding the operation, performance and maintenance of the Product. For each request by Customer for services under this Limited Warranty, Customer should communicate directly to 3i via e-mail: email@example.com. If 3i determines in its sole discretion that service is required, 3i shall undertake commercially reasonable efforts to return the Product to good working condition. Due to the diversity and complexity of parts comprising the Product, the availability of a 3i engineer or other personnel to travel to Customer’s site and the availability of replacement parts, 3i makes no guarantees, promises or assurances with regard to timeframes within which (i) 3i personnel shall perform on-site visits or perform or coordinate the performance of repair work hereunder or (ii) the Product shall be returned to good working condition. 3i shall pay all necessary shipping costs for return of a defective Product if such return is approved in writing in advance of shipping. Transportation and delivery times may be affected by customs clearance and other factors beyond 3i’s control.
- Cause, at 3i’s sole expense and with Customer’s express approval, any defective Product or component part of the Product to be repaired or replaced, as 3i deems necessary in its reasonable and sole discretion.
- Conduct in-person service visits to Customer’s site at 3i’s sole expense, as 3i deems necessary in its reasonable and sole discretion, to determine the appropriate remedial services for any defective Product or component part of a Product, based on requests made and information provided by Customer to 3i concerning Product defects and/or issues relating to Product performance and operation.
WHAT IS NOT COVERED IN THIS LIMITED WARRANTY.
This Limited One-Year Warranty does not cover, among other things:
- Software, including without limitation, third-party software.
- Software installation, maintenance or training.
- Activities, including but not limited to troubleshooting, diagnostic, maintenance or repair work, concerning the use of the Product in conjunction with other non-3i equipment or software which was not integrated with the Product when shipped to Customer; physically relocating the Product; rewiring or reinstalling the Product; or adding or removing accessories, attachments, machines, features or devices other than those comprising the Product.
- Electrical work external to the Product.
- Activities pertaining to Product from which the original identification marks have been removed or altered.
- Activities pertaining to a malfunction or damage to the Product caused by events beyond 3i’s control, including but not limited to:
- Accident, vandalism, negligence, abuse or misuse, including the failure to operate and care for the Product in accordance with 3i’s power, environmental and other specifications;
- Causes external to the Product, including but not limited to failure of or faulty electric power (such as power surges) or air conditioning, damage caused by fire originating outside of the Product, water damage, environmental contamination, or as a result of any causes other than ordinary use of the Product;
- Re-manufacturing or refurbishing the Product except as specifically authorized in writing by 3i;
- Transportation or movement of the Product;
- Alterations, modifications, repairs or maintenance of the Product by persons other than 3i or a 3i authorized service provider and with 3i’s written consent;
- Installation of new features, including software, except as authorized by 3i or of parts or components that were not manufactured or approved by 3i;
- Acts, errors or omissions committed by the Customer or Customer’s agents or representatives.
- Furnishing expendable or consumable supplies, equipment or accessories in connection with use or the operation of the Product or performing any refinishing, replacement or repair of non-working expendable or consumable elements or non-essential components of the Equipment.
- Backing up or restoring Customer data, information or computer programs, whether or not used in conjunction with the Product.
- Activities in support of any computer software included with the Product.
- Any 3i Product or warranty assigned to or by Customer in whole or in part without the prior notice to 3i of the assignment.
- Any Product for which payment from Customer for the Product is in arrears.
This One-Year Limited Warranty is non-assignable. All services performed under this One-Year Limited Warranty are warranted for the remainder of the One-Year Limited Warranty period.
THE PRODUCT IS SUBJECT EXCLUSIVELY TO THE LIMITED WARRANTY SET FORTH HEREIN. THERE ARE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND THE SERVICES PROVIDED UNDER THIS ONE-YEAR LIMITED WARRANTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT, MARKETABILITY, PROFITABILITY, SUITABILITY, AND/OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED AND EXCLUDED.
3I’S LIABILITY FOR ANY DEFECTIVE PRODUCT UNDER OR IN CONNECTION WITH THIS LIMITED WARRANTY (WHETHER ARISING FROM CONTRACT OR OTHERWISE) IS LIMITED TO AND SHALL NOT EXCEED THE LESSER OF THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCT. 3I SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF BUSINESS INFORMATION, LOSS OR CORRUPTION OF DATA, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY OTHER PECUNIARY LOSS).