DreamCatcher™ Hardware Warranty
Evertz Microsystems Ltd. ("Evertz") warrants to the Customer that all DreamCatcher™ ("DC") Hardware manufactured by Evertz will be free from defects in materials and workmanship under normal and authorized use consistent with the Technical Hardware Specifications for a period of one (1) year from the date of shipment from the factory and for the duration of any extended hardware warranty agreements.
The maximum Term for Evertz Standard DC Hardware Warranty is three (3) consecutive years; comprised of a period of one (1) year from the date of shipment from the factory and up to two (2) years of Extended DC Hardware Warranty.
Advanced Replacements (First year of Warranty Term)
If the Evertz DC Hardware proves to be defective during the first year of the Warranty Term Warranty Evertz will provide an advance exchange of DC Hardware for replacement of the defective Hardware. The Replacement Hardware will be of equal or improved quality and in good operating condition in accordance with the then current specifications. The Replacement Hardware may be an alternate component to replace the defective component, and shall meet or exceed the specification of the replaced component. All defective DC Hardware replaced by Evertz with an Advanced Replacement becomes the property of Evertz. Advanced Replacements are only available during the first year of the Warranty Term.
Repairs (Second and Third year of Warranty Term)
If any Evertz DC Hardware proves to be defective during the second or third year of the Warranty Term Evertz may provide advanced loan unit(s) to be used for the duration of repairs to the Customer owned unit. Parts and labour costs associated with the repair(s) are included in the second and third year of the Extended DC Hardware warranty term, no additional repair fees would apply.
DC Hardware Return Procedures
In order to obtain service under Evertz Standard DC Hardware Warranty the Customer must notify Evertz of the defect before the expiration of the Hardware Warranty by contacting one of Evertz Customer Service Centers as described on Evertz website under "Support". Evertz will exercise reasonable commercial efforts to confirm the defect. Once the Evertz Customer Service team confirms the defect, Evertz will issue the Customer a Return Merchandise Authorization (RMA) number and return instructions for the defective Hardware, and schedule the Advanced Replacement Hardware. The Customer will be notified of the scheduled shipping date, as well as any delays/revisions to the schedule. If the Customer fails to return the defective Hardware within five (5) calendar days from shipment of the replacement from Evertz factory, the Customer may be invoiced for the Hardware at Evertz then-current List Price for the Hardware. Failure to return the defective Hardware may result in a suspension of Evertz Hardware Warranty, until the outstanding defective Hardware is returned to Evertz.
Warranty for Repaired DC Hardware
Any Repaired Hardware, parts and components provided pursuant to Evertz Hardware Warranty are warranted to be free from defects in materials and workmanship under normal and authorized use consistent with the Technical Hardware Specifications for a period of one hundred eighty (180) calendar days from the date of shipment from the factory or for the remainder of the original Hardware Warranty period, whichever is longer. For units over seven (7) years of age, however, hardware repair warranty will not apply.
Warranty for Replacement DC Hardware
Any Replacement Hardware, parts and components provided pursuant to Evertz Hardware Warranty will retain the remainder of the warranty period of the original Hardware.
Evertz DC Hardware Warranty shall not apply to any defect, failure or damage caused by improper use or improper or inadequate maintenance and care. Evertz DC Hardware Warranty shall not be extended to any defect, failure or damage caused by (i) failure to follow installation, operation, maintenance or care instructions, (ii) failure to permit Evertz timely access, remote or otherwise, to the Hardware, (iii) failure to implement all new Firmware Updates to the extent such Updates are made available to the Customer, (iv) use of non-Evertz or non-authorized third-party equipment, software, or facilities with the Hardware, (v) use of the Hardware in violation of the licenses granted by Evertz or in a manner inconsistent with the Hardware instructions, (vi) material modification made to the Hardware by the Customer without prior written authorization and consent from Evertz
It is expressly understood and agreed that the Hardware will be maintained at operational condition, taking into account its age and normal wear and tear.
Third Party Product Warranty
Evertz may provide third party products (including hardware and software) on an "as is" basis without any warranties of any kind unless Evertz specifies otherwise. However, such third party products may carry their own warranties and Evertz shall pass through to the Customer any such warranties to the extent authorized. Exercise of such warranty shall be directly between the Customer and the third party provider with the commencement of all such warranties being at the date of invoice from Evertz.
Indemnification and Limitation of Liability
This warranty is expressed in lieu of all other warranties including implied warranties of merchantability or fitness. In no event will Evertz be liable for any special incidental or consequential damages. Evertz liability under this warranty shall be limited solely to the cost of any necessary repairs to, replacements of or refunds of the Customer's purchase price for, the Hardware, components thereof or replacement parts thereof, and Evertz assumes no risk, and shall not in any case be liable, for any special, incidental or consequential damages, or any other indirect damages arising from breach of warranty or contract, negligence or any other leg al theory, including, without limitation, loss of good-will, profits or revenue, loss of use of the Products or any associated equipment, cost of capital, cost of any substitute, facilities or services, down-time costs, or claims of any party dealing with the Customer for such damages.