Warranty
Micronet Standard Products Warranty
WARRANTY CARD FOR SOFTWARE AND HARDWARE
This warranty (the "Warranty") covers each of Micronet Ltd. hardware and/or software products and/or services produced and/or marketed and/or provided by Micronet (the "Product"). The warranty services hereunder shall be performed by Micronet Ltd., or any other entity designated by Micronet Ltd. at its sole discretion. (Micronet Ltd. shall be hereafter referred to as "Micronet").
Micronet uses its best endeavors to develop and produce quality products. However Micronet did not undertake and does not undertake that the Product is clear of any default, flaw or defect (a "Default"). This Warranty contains all the terms and conditions pertaining to Micronet's responsibility to repair Defaults in the Product, and to Micronet's responsibility for any damages caused as a consequence of using and/or not using the Product.
1. Micronet's undertakings to repair Defaults in the Product hereunder are valid for a period of 12 (twelve) months as of the date of delivery of the product to the customer as evidenced in Micronet's records (the "Warranty Period"). A Product repaired or replaced under the terms of this Warranty shall continue to be covered hereunder until the end of the original Warranty Period. In the event Micronet has provided any service pertaining to the Product, which is not covered by the Warranty or the Warranty Period, and which is under a separate service agreement or a single repair request, Micronet shall be responsible for the repaired part for a period of 3 month following the original repair date, as evidenced in Micronet's records, and the terms and conditions of this Warranty shall apply, mutatis mutandis.
2. Micronet's responsibility hereunder is limited to the repair or replacement of the defaulted part of the Product, at Micronet's sole discretion, and is subject to the following terms:
a. In the event a Default is discovered in the Product, the Customer must immediately inform Micronet, or other entity designated for such purpose thereby, on such Default.
b. After a Default is discovered, the customer shall not continue to operate the Product before Micronet performs the repair, which is in its discretion required for the proper operation of the Product.
c. The customer shall provide Micronet with any information in its possession, which may assist to locate the Default and diagnose the causes thereof, and with any assistance reasonably required by Micronet.
d. Unless explicitly otherwise agreed in writing the warranty services hereunder shall be provided in the offices of Micronet, and the customer shall deliver the defaulted product thereto at its own expense. Micronet shall not be responsible for any damage caused to the Product during such delivery or while delivered back to the customer. The customer shall have no claim whatsoever, including for indemnification, against Micronet for any damage or loss caused to the Product during the delivery to and from the repair.
e. If, in the opinion of Micronet it is necessary for the performance of the repair under this Warranty, to replace parts in the repaired Product, Micronet may replace such parts with new parts or used parts (provided that such used parts are in proper operational condition). In the event Micronet replaces parts of the Product, the replaced parts shall be owned by Micronet.
f. The customer holds the receipt for the Product and has no debts to Micronet.
g. Customers' satisfaction is important to Micronet, and therefore it maintains a skilled customer service department on a usual basis. Micronet shall act to repair any Default according to the terms of this Warranty within a reasonable time considering the workload and spare parts availability in Micronet customer service department.
3. It is hereby explicitly agreed by the parties that this Warranty does not include the repair of any Default caused directly or indirectly as a result of any of the following:
a. Use of the Product or any component thereof unreasonably or not for its designated purpose.
b. Use of the Product or any component thereof not according to the written/oral operating/using instructions provided by Micronet.
c. Applying the Product or any component thereof to non-conform systems or subsystems, or in contrary to Micronet's instructions.
d. Changes made in the Product or any component thereof, including connecting additional components without the prior written approval of Micronet.
e. Maintaining the Product or any component thereof in improper environment conditions.
f. Improper application of the Product or any component thereof to the electric power system, communication system, computer network, transportation vehicles systems, or in contrary to Micronet's instructions.
g. Act or omission by the customer, any person acting on its behalf or under its responsibility which amount to negligence, recklessness, skill absence, including, without limitation any damage caused by dropping, breaking or shaking the Product.
h. Default caused by any nature damages including rain, floods, lightening etc.; damages resulting from disturbed electric power, and uncontrolled voltage changes. In addition any Default caused by factors outside the control of Micronet.
i. Customer breach of any of the terms of this Warranty.
j. The Defaulted Product has not been delivered to Micronet for repair.
k. Default in the Product's batteries.
4. Micronet shall be released from its undertakings hereunder and this Warranty shall expire in relation to a Product:
a. In which a person not authorized by Micronet performed or tried to perform a repair.
b. The ownership of which has been transferred by the customer, or which was leased or lent by the customer to a third party.
5. In any event Micronet and any person acting on its behalf, including distributors, shall not be liable in contract, tort or any other theory of law, for any damage caused to the customer or any third party, directly or indirectly, as a result of using the Product or any component thereof and/ or as a result of the inability to use them and/or as a result of any default, defect of flaw in them and/or as a result of an interrupted, delayed or wrong operation thereof and/or as a result of any other reason, whether it is a direct or indirect damage, including without limitation loss of profit or impediment of saving or any other damage. Notwithstanding any contrary determination, it is hereby agreed that Micronet's liability for any damage caused to the customer or any third party shall be limited to the purchase price paid for the Product.
6. Without prejudice to the generality of Section 5 above Micronet shall not be liable to any damage caused as a result of mistakes and /or omissions in the document records extracted by the Product. The customer is responsible for backing the data saved on the Product and Micronet is not responsible for any loss of such data.
7. It is hereby agreed by the parties that Micronet shall be entitled to assign to any third party any of its rights and/or obligations hereunder, provided that the customer's rights hereunder shall be maintained.
8. No statement, act or omission by Micronet or any person acting on its behalf shall be considered as amending this Warranty unless Micronet approved it in specific written and signed document.
9. The customer hereby waives any right to set off against Micronet.
10. This Warranty is in lieu of any other explicit or implicit warranty terms provided by law, including any implicit conformity warranty not specifically provided for hereunder, as the implicit conformity warranty regarding conformity to marketing applies only to distributors and customers that purchase from them.
11. This Warranty shall be subject to Israeli law. In the event any term hereunder shall be held invalid, this Warranty shall be amended in a form expressing in accordance to law all the terms and conditions agreed upon hereunder.
12. Notwithstanding anything to the contrary in the Warranty or any other agreement between the customer and Micronet, Micronet shall provide warranty to products or parts of products that are not manufactured by Micronet according to and back to back with the warranty Micronet receives from the manufacturers of such products and/or part of products.
13. The terms and conditions of this Warranty shall also apply to the software incorporated in the Product which were developed by Micronet subject to the following:
a. During the Warranty Period and as long as the customer holds a valid annual maintenance service agreement with respect to the Product, the customer will be entitled to receive updates to the software versions that had been supplied to him together with the Product, to the extent that these updates are distributed for the purpose of fixing bugs in the software version installed in the Product covered by this Warranty. After the end of the Warranty Period software updates shall be supplied only if: (i) the customer holds a valid maintenance service agreement with respect to the Product, consecutively from the initial supply of the Product, or, alternatively, (ii) the customer had retroactively paid to Micronet annual maintenance service agreements as from the end of the Warranty Period and until the supply of such respective update and the customer holds a valid annual maintenance service agreement with respect to the Product (all in accordance with the then current prices of Micronet on the date of the actual payment).
b. Section 2 above shall apply to the software components, however where reference is made to the repair or replacement of a defaulted part, the meaning shall be repair of the software for its proper operation in conformance to the Product description set forth in Micronet's formal documents.
c. Any software provided to the customer in the frame of a repair of a Default in the hardware or in the software shall remain within the sole ownership of Micronet, and the customer shall only be granted with a non-exclusive, non-transferable right to use such software.
d. Software defaults, which do not stop the operation of the Product shall only be repaired by providing the customer with an updated software version, when such is issued by Micronet to all its customers according to the time schedule determined by Micronet.
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Warranty - Micronet Mobile Data Terminal Products
Product Warranty
Micronet warrants that each of its standard products, at the time of initial shipment conform with Micronet's published specifications and are free from defects in material and workmanship. Micronet will, at its option, repair or replace any standard product that does not conform to this warranty provided Micronet is notified of the nonconforming standard product within Twelve (12) months from initial shipment of such product. The Buyer will notify Micronet in writing of any defects and obtain Micronet's approval pursuant to Product Returns clause, before returning any standard product. The warranty on repaired or replacement product will be the greater of Ninety (90) days from the time of shipment or the remaining term of the original warranty.
Transportation charges on any product returned from the Buyer to Micronet will be at the Buyer's expense, and on any product returned from Micronet to the Buyer will be at Micronet's expense. The warranty will not apply if the product fails, malfunctions or is damaged as a result of improper handling, installation, maintenance, removal, modification or repair; is accidentally damaged, subjected to abuse (including electrostatic discharge) or improper use; or is altered or damaged such that Micronet is unable to verify the defect with its normal test equipment.
Except as set out in this Product warranty clause the products delivered by Micronet are supplied "AS IS". Micronet makes no representations or warranties, whether express or implied with respect to the products including warranties as to their quality, performance, merchantability, non-infringement, or fitness for a particular purpose.
Product Returns
Returns of any type, including warranty repair returns, must be approved by Micronet in writing and all return documentation must contain Micronet's return authorization identification number. Returned shipments not approved by Micronet, or not properly identified, will be refused by Micronet. The request for return approval must include serial number and part number, and full identification of products to be returned. Products returned by the Buyer must be identified as to the nature of defect or problem. Proper handling procedures must be used in the packing and shipping of all returned products. Products must be returned in the same or equivalent container in which they were shipped with the Returned Materials Authorization (“RMA”) number clearly visible on the package. The Buyer retains title and assumes all risk relating to products returned for repair.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Micronet or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other financial loss) arising out of the use of, or inability to use the Product, even if Micronet has been advised of the possibility of such damages. In any case, Micronet's entire liability under any provision of this agreement shall be limited to the amount actually paid by the Buyer for the Product.
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