BASIC LIMITED WARRANTY TERMS – PRISMA SIGNAL

1. GENERAL

1.1    These BASIC LIMITED WARRANTY TERMS applies to all products, hereafter referred to as “The Products” supplied directly or indirectly by any approved agent under the Brand Name, “PRISMA SIGNAL” hereafter referred to as “The Company”

The Products will be all products as listed and offered under the PRISMA SIGNAL brand name by The Company

1.2    The BASIC LIMITED WARRANTY TERMS is provided by The Company for the benefit of Customer. The Company’s obligations under these Basic Warranty Terms are towards Customer only and a third party may not enforce the provisions hereof vis-à-vis The Company. Customer may, however, assign the Basic Warranty and these Basic Warranty Terms to any other legal entity that acquires The Products from the Customer for its own use and not for the purposes of commercial resale. For the avoidance of doubt, a legal entity to which the Basic Warranty and these Basic Warranty Terms are assigned shall never acquire a better right hereunder than the original/first Customer (the “Original Customer”) purchasing The Products from a reseller.

1.3    The Company will replace or credit Defective Products according to the Basic Warranty in accordance with these Basic Warranty Terms. The Basic Warranty is provided to Customer at no cost during the Basic Warranty Period. (See Par 2)

1.4    This Basic Warranty is provided separately and independently by The Company and is in addition to any applicable international or other warranty that may be provided in writing by any of the Company’s international suppliers.

1.5 No reseller/agent is authorised to modify these Basic Warranty Terms. Each reseller/agent is solely responsibility for any misrepresentation of The Company’s warranties, and for any supplementary and other warranties or other commitments offered by the reseller/agent. The Company will not honour any such reseller/agent warranties or commitments.

2. BASIC WARRANTY AND BASIC WARRANTY PERIOD

2.1    Subject to these Basic Warranty Terms, for the benefit of Customer, The Company hereby warrants that the PRODUCTS will be free from defects in material and workmanship (the “Basic Warranty”). A defect in material or workmanship is referred to herein as a “Defect” and a Product with a Defect is referred to as “Defective”. The Company, however, does not warrant that The Products will operate uninterrupted or error free.

2.2    The Basic Warranty validity period for each type of Product (the “Basic Warranty Period”). The Basic Warranty Period for an individual Product is calculated:

(i) from the date of the Original Customer’s purchase of the Product from The Company, a reseller or agent as evidenced by the proof of purchase provided by Customer (e.g. electronic mail for receipt or invoice) indicating the date of purchase and the serial number (Where applicable)

(ii) if a Customer or end user is unable to provide a satisfactory proof of purchase of the Original Customer’s purchase of the Product, from the date three months after the manufacturing date of the Product

PRODUCT BASIC WARRANTY PERIOD WILL BE FOR A PERIOD OF 3 (THREE)YEARS

2.3    As further set out in the “Warranty claim and service procedure” in clause 6 below, The Company will replace or credit a Defective Product, provided that The Company determines at its own discretion whether a Defective Product shall be replaced or credited. This represents Customer’s sole and exclusive remedy in case of Defective Products. Crediting of a Defective Product is made to Customer directly and shall be calculated as the price, excluding Tax, paid by the Customer for the Product provided, however, that (a) reasonable account shall be taken to the value of the use/benefit of the Defective Product between the time of the Original Customer’s purchase of the Product and the crediting, and (b) the credit amount shall never exceed the fair market value of the Product.

2.4    Replacement of a Defective Product or part of a product will be made, on an exchange basis and will be either new or refurbished to be functionally equivalent to new. Replacement of a Defective Product or part of a product will be made by an identical model or, if such model is not available to The Company, with a similar model. Any replacement will not extend the original Basic Warranty Period, and the Basic Warranty in respect of a repaired or replaced item shall only be valid for the remainder of the original Basic Warranty Period for the replaced Product. All original items replaced in the performance of services shall become the property of The Company and the replacing parts shall become the property of Customer.

3. CUSTOMER’S OBLIGATIONS

3.1 Customer agrees to follow the “Warranty claim and service procedure” in clause 6 below. Customer agrees to accept The Company’s assessment of whether a Product is considered Defective or not under these Basic Warranty Terms.

4. ADDITIONAL WARRANTIES

4.1    In addition to the Basic Warranty, The Company may from time to time at its sole discretion offer additional Product warranties such as component warranties and time extensions and upgrades of the Basic Warranty (jointly referred to as “Additional Warranties”). Additional Warranties are subject to their own terms and conditions and are available only for specific Product types or models as stated by The Company from time to time. For the avoidance of doubt, most Additional Warranties must be separately ordered and paid for by Customer from The Company (or, if applicable, from designated resellers or agents).

5. WARRANTY EXCLUSIONS

5.1    To be valid, all claims under the Basic Warranty shall be made without undue delay from the appearance of the Defect and in accordance with the “Warranty claim and service procedure” in clause 6 below. Further, Defects reported to The Company outside the Basic Warranty Period are excluded from the Basic Warranty.

5.2 The Basic Warranty is invalidated if the Product’s original serial number has been removed, altered or defaced. (Where applicable)

5.3    A Product shall not be considered Defective if: (i) it is not interoperable or compatible with any third party software or hardware, accessories, systems, consumables, external wiring or connectors or any other such items not supplied and authorised by The Company, unless The Company has explicitly authorised and supported such interoperability or compatibility to Customer in writing.

5.5    The Company’s responsibility to replace or credit Defective Products under the Basic Warranty does not cover Defects caused by the following:

(i) accidents, abuse, neglect, mechanical damage, failure or variations in the electrical power supply or circuits, electrostatic discharge (For Battery operated products)

(ii) transportation, removal or installation of the Product

(iii) failure to carry out cleaning/care and periodic (preventive) check-ups/maintenance in accordance with the user manual, or failure to replace parts due to normal wear and tear

(iv) installation, use or maintenance contrary to the instructions/information in the installation guidelines, user manual, technical specification and equivalent documentation

(v) abnormal use of the Product, i.e. use in excess of any usage limitations set forth in the user manual (this includes, but is not limited to, commercial use of Products which are clearly not intended for commercial use)

(vi) site conditions that do not conform to operating conditions according to the installation guidelines, user manual, technical specification and equivalent documentation

(vii) actual or attempted repair, tampering, adjustment or modification by anyone unauthorised to do so

(viii) use of non-original replacement parts or consumables not manufactured, sold or approved by The Company

(ix) use of, or connection of a Product to, any third party software or hardware, network, accessories, systems, consumables, external wiring or connectors or any other such items not supplied and authorised by The Company

(x) fire, flood/water, lightning or other acts of nature outside any Ingress Protection (IP) limits for the specific product

5.6    The Company does not provide any warranty related to fitness of the Product for any particular purpose or use. In particular, the Products are not intended to be used in applications or environments requiring unconditional and uninterrupted reliability in order to safeguard the security of people or tangible or intangible property (“HighRisk Activities”). High-Risk Activities include, but is not limited to, nuclear related activities, mass transportation or air transportation navigation/communication, life-sustaining equipment, nuclear related activities any other equipment or activity in which a defect in the Product could cause death, personal injury or other serious damage. The Company expressly disclaims any express and implied warranties relating to a Product’s fitness for, and use within, High-Risk Activities.

6. WARRANTY CLAIM AND SERVICE PROCEDURE

6.1    Any Basic Warranty claim by Customer shall be handled according to the procedure set out in this clause 6.

(i) If a Defect occurs in a Product, Customer shall contact The Company or an authorised reseller or agent by e-mail only (see contact details). Customer shall provide The Company with information about the Product’s model, product code and serial number (Where Applicable) as well as any other information reasonably required by The Company. Customer shall carry out diagnostics as advised by The Company and comply with any reasonable instructions for trouble-shooting and service (this may include checking fuses and wiring and certain software configurations). The Company or any of its dedicated supporting agents will try to remedy the Defect or advice Customer to send the Product to the various Prisma Signal warehouses.

The Company shall replace or credit a Defective Product, as deemed appropriate by The Company. Before any swap or replacement of a Defect Product, Customer shall ensure that the Product is:

(i) If replacement of the Defective Product is needed, and the Defective Product is to be sent to The Company (or a designated Authorised Service Centre), Customer shall be responsible for arranging and paying for the transportation and adequately packaging the Defective Product. The Company is responsible for arranging and paying for the return freight to Customer.

(ii) The Authorised Service Centre will assess the validity of each Basic Warranty claim. The Company will thereafter approve or reject the claim. If The Company rejects a claim, Customer is not entitled to any warranty service or any reimbursement whatsoever and shall further bear all costs related to The Company or the reseller or agent.

7. MISCELLANEOUS

7.1    The remedies stated herein are Customer’s sole and exclusive remedy in case of Defective Products. Any and all conditions, warranties and terms implied by statute or otherwise are hereby excluded to the maximum extent permitted by law. The Company is not bound to any other terms and conditions than the terms and conditions stated in these Basic Warranty Terms. Customer shall not be entitled – in relation to The Company – to seek to rely on any representation, statement or warranty relating to the Products other than the Basic Warranty stated in these Basic Warranty Terms (and any applicable Additional Warranties).

7.2    The Company reserves the right to amend these Basic Warranty Terms at any time. Amendments, however, will only apply to Products purchased after the date of the amendments entering into force.

7.3    If The Company is prevented from or hindered in performing its obligations under these Basic Warranty Terms by reason of any cause beyond The Company’s control (including without limitation, war, riot, accident, fire, strike, flood or other natural disaster, act of terrorism, general shortage of raw material, import or export restrictions or labour disputes) or if any reseller agent or service centre, spare part supplier or other sub-contractor is prevented or hindered for such reason – the time for performance shall be extended by a period equal to that during which the cause preventing or hindering the performance exists.

7.4    With the exception of damages suffered as a result of The Company’s gross negligence or wilful misconduct, The Company shall not be liable for any consequential, incidental or indirect loss or damage (including but not limited to loss of profit, turnover, business or goodwill) arising out of, or in connection with the Basic Warranty or these Basic Warranty Terms. The aforementioned shall, however not restrict the applicability on the Basic Warranty and these Basic Warranty Terms of any other and/or additional limitations of The Company’s liability which may have been agreed between The Company and Customer.

7.5    The Company accepts no responsibility for Customer’s vehicles, trailers, motor cycles, offices, buildings, frames or stands or any other place of fitment or property belonging to the Customer during installations or repairs, however all intentions are to assure the best possible workmanship and or care taking when such repairs or installations are done.

7.6    If any provision, or part of provision, of these Basic Warranty Terms would be held by a court, arbitration tribunal or authority of competent jurisdiction to be invalid or unenforceable under applicable law, such provision shall be amended, modified or deleted to the extent necessary to comply with applicable law, and the remaining part of these Basic Warranty Terms shall remain in full force and effect.

Prisma Signal is a Globally registered Trade Mark. It is the sole intellectual property of Prisma Signal Global Holdings BV (NL)

Prisma Signal LLC USA

Address:   5107 University Boulevard West, Jacksonville, Florida, 32216

E-Mail:       [email protected]

Website:    www.prismasignal.com

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