Warranty Information for Active Vision Products
One Year Limited Warranty
EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, ACTIVE VISION MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACTIVE VISION EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.
This Limited Warranty applies to the products sold by or leased from Active Vision with this Limited Warranty. This Limited Warranty is applicable in the United States, Canada and Mexico, and may be enforced subject to the terms and conditions set forth in this Limited Warranty. During the warranty period beginning on the invoice date, lasting for a period of one year unless otherwise specified; Active Vision will repair or replace products returned to Active Vision facility. To request limited warranty service, you must contact Active Vision Customer Technical Support within the limited warranty period. If limited warranty service is required, Active Vision will issue a Return Material Authorization Number. You must ship the products back to Active Vision in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk of loss, or damage during shipment. Active Vision will ship the repaired or replacement products to you via ground shipping freight prepaid if you use an address in the continental United States, where applicable. Shipments to other locations will be made freight collect. Active Vision is not responsible for and duties, taxes or additional charges relating to the shipment of the product to or from the client.
Active Vision warrants that the product and all the internal components of the product that you have purchased or leased from Active Vision are free from defects in materials or workmanship under normal use during the Limited Warranty Period. The Limited Warranty Period starts on the date of your acceptance of the product from Active Vision. Your dated acceptance receipt, showing the date of acceptance of the product, is your proof of the start date of the Limited Warranty Period. You are entitled to warranty service according to the terms and conditions of this document if a repair to your Active Vision branded hardware is required within the Limited Warranty Period. This Limited Warranty extends only to the original purchaser or lessee of this Active Vision branded product and is not transferable to anyone who obtains ownership of the Active Vision product from the original purchaser or lessee.
Active Vision products are manufactured using new materials. Spare parts may be new or equivalent to new. Spare parts are warranted to be free from defects in material or workmanship for thirty (30) days or for the remainder of the Limited Warranty Period of the Active Vision product in which they are installed, whichever is longer. During the Limited Warranty Period, Active Vision will repair or replace the defective component parts or the product. All component parts or hardware products removed under this Limited Warranty become the property of Active Vision. The replacement part or product takes on either the Limited Warranty status of the removed part or product or the thirty (30) day limited warranty of the spare part. In the unlikely event that your Active Vision product has a recurring failure, Active Vision, at its discretion, may elect to provide you with a replacement unit that is a least equivalent to your Active Vision product in specifications and function. This is your exclusive remedy for defective products.
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA STORED AS A PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING ANY PRODUCT FOR SERVICE, BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL INFORMATION. ACTIVE VISION IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA. ACTIVE VISION IS NOT RESPONSIBLE FOR THE RESTORATION, REINSTALLATION OR CONFIGURATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY ACTIVE VISION WHEN THE PRODUCT IS MANUFACTURED.
Active Vision does not warrant that the operation of this product will be uninterrupted or error free. Active Vision is not responsible for damage that occurs as a result of your failure to follow the instructions that came with the Active Vision branded product. This Limited Warranty does not extend to any product from which the serial number has been removed or has been damaged or rendered defective (a) as a result of accident, misuse, abuse, or other external causes: (b) by operation outside the usage parameters stated in the user documentation; (c) by the use of parts not manufactured or sold by Active Vision ; or (d) by modification or service by anyone other than (1) Active Vision , or (2) a Active Vision authorized service provider. Active Vision would like to caution you that this hardware product is for use strictly with Active Vision software only. Any attempt to install any software or hardware of any kind whatsoever on this product shall immediately void this Limited Warranty. Further, if the security seal on this machine has been broken, removed or tampered with, such act shall also void this Limited Warranty. These terms and conditions constitute the complete and exclusive warranty agreement between you and Active Vision regarding the Active Vision product you have purchased or leased. These terms and conditions supersede any prior agreements or representations-including representations made in Active Vision sales literature or advice given to you by Active Vision or an agent or employee of Active Vision -that may have been made in connection with your purchase or lease of the Active Vision product. No change to the conditions of the Limited Warranty is valid unless it is made in writing and signed by an authorized representative of Active Vision.
Limitation of Liability
IF YOUR ACTIVE VISION PRODUCT FAILS TO WORK AS WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT. ACTIVE VISION’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. ACTIVE VISION IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. ACTIVE VISION IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORY CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED ACTIVE VISION OR AN AUTHORIZED REPRESENTATIVE OF ACTIVE VISION OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE. YOU ARE ADVISED TO CONSULT APPLICABLE STATE LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
Software Technical Support
Software technical support is defined as assistance with questions and issues about the software that was either preinstalled by Active Vision on the product or that was included with the product at the time of your purchase or lease of the product. Technical support for software is available for ninety (90) days from date of product acceptance. Your dated acceptance receipt, showing the date of acceptance of the product is your proof of the Limited Warranty starting date. After the first ninety (90) days, technical support for software that was either preinstalled by Active Vision on the product or included with the product at the time of your purchase or lease of the product is available for a fee which will be charged at the discretion of Active Vision.