DRB Systems, LLC dba Unitec, Inc. (“Unitec”) warrants to the purchaser (“Purchaser”) that the products which includes equipment (Unitec manufactured and third party branded and/or third party manufactured) as well as service assemblies and parts) purchased by Purchaser (the “Products”) are free of defects in materials and workmanship, which become apparent within the specified warranty periods set forth below, in accordance with the following terms and conditions.
This warranty is provided solely for the benefit of the original Purchaser of the applicable Product and is voided if the Product is utilized at a location other than the location at which it was originally installed. This warranty is not transferable to any party other than the original Purchaser.
The warranty period on Products (inclusive of both new equipment and parts) is for 12 months following the date of invoice. The limited warranty excludes any labor or installation costs. The warranty period on Unitec provided software and firmware that are a part of new equipment is for 12 months following the date of invoice.
Unitec further warrants all repair or service work on the Products performed by Unitec, and all refurnished parts provided by Unitec, for a period of ninety (90) days following the date of shipment.
Unitec will honor warranties expressly provided for components and other branded Products and equipment supplied but not manufactured by Unitec. Such components and other branded equipment include any system manufactured solely as an assembly by another manufacturer, such as bill validator and coin acceptors, which Unitec purchases and integrates into a Unitec Product in accordance with the applicable specifications.
Unitec’s sole responsibility shall be, at its option, during the warranty period either: (i) to repair or replace any defective Products, at its facility or other location approved by it, during Unitec’s normal working hours, using new or refurbished replacement parts; (ii) exchange the defective Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product or (iii) to refund to Purchaser all amounts paid, less a reasonable allowance for use, for such defective Products.
Any claim under the limited warranty must be submitted to Unitec in writing at 7125 Troy Hill Drive, Elkridge, Maryland 21075 within the warranty period.
WARRANTY WORK AND RETURNS
Warranty service work must be performed by a Unitec-approved distributor, or by Unitec at its 7125 Troy Hill Drive, Elkridge, Maryland 21075 location. If any non-approved party attempts to repair a Unitec Product, this warranty shall be deemed void.
Service calls, or requests for replacement and/or returns, should be directed to the distributor from which the applicable Product was purchased.
For warranty consideration, a Unitec distributor technician and Unitec’s Technical Service Department must troubleshoot the Product. The serial number of the Unitec Product must be provided at the time of the troubleshooting call.
With respect to its software and firmware that are a part of its Products, Unitec will make its best efforts to correct any reported defects of its software and firmware through technical support staff via telephonic means. If Unitec is unable to resolve the defective software and firmware performance via telephonic means, Unitec will supply at no charge a replacement version of the software and/or firmware within a reasonable period of time.
To make any return, the distributor must first obtain an RMA number (Return Material Authorization) that may be issued by an authorized Unitec employee, and such RMA must accompany all returned Products, otherwise the Product will be returned to the distributor at the distributor’s expense.
Unitec will supply new or refurbished parts of the Products to replace parts that have been found defective within the warranty period.
The warranted part of the Product, when received, will be inspected and tested to determine the cause of the failure. If the part failed for any reason other than defect in workmanship or material, which may develop under normal and proper use, Purchaser will be charged the full price for the replacement part of the Product and the part will be returned to Purchaser.
If the failed part is not returned within (30) days of the invoice date of the warranty replacement, Unitec will invoice Purchaser the core charge for that part. The applicable charges are set forth in Unitec’s Replacement & Repair Parts Price List, as amended.
WARRANTY EXCLUSIONS
The following items are not covered by Unitec’s limited warranty:
DISCLAIMER OF WARRANTY
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY UNITEC AND ITS SUPPLIERS WITH RESPECT TO PRODUCTS PROVIDED BY UNITEC. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNITEC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR COMMON LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. UNITEC’S PRODUCT FEES ARE BASED ON THE ALLOCATION OF RISK ASSUMED BY THE PARTIES HEREIN AND IT IS UNDERSTOOD THAT: (1) UNITEC IS NOT AN INSURER AND UNITEC’S FEES DO NOT ASSUME GREATER RISK THAN PROVIDED FOR HEREIN; AND (2) THE PURCHASER IS RESPONBLE FOR ITS LOCATION AND USE OF THE EQUIPMENT AND UNITEC’S PRODUCTS DO NOT ENSURE PURCHASER’S COMPLIANCE WITH ALL APPLICABLE LAWS OR REGULATIONS; INCLUDING THE PCI STANDARDS. PURCHASER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT UNITEC DOES NOT PROVIDE FIELD MAINTENANCE AND DOES NOT RUN, OPERATE OR MAINTAIN UNITEC PRODUCTS AT THE PURCHASER LOCATION AND THEREFORE PURCHASER ASSUMES RESPONSIBILITY TO MAINTAIN UNITEC PRODUCTS IN GOOD WORKING ORDER WITH GENUINE UNITEC PRODUCTS AS RECOMMENDED BY UNITEC, AND TO PROVIDE SECURITY AS COMMERCIALLY REASONABLE TO ENSURE SECURITY FOR UNATTENDED TERMINALS SUCH AS PROPER LIGHTING, ELECTRONIC SECURITY, AND PERIODIC SWEEPS OF THE HARDWARE TO ENSURE CRIMINAL DEVICES ARE NOT ADDED. UNITEC AND ITS SUPPLIERS DO NOT WARRANT THAT THE PRODUCTS WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION NOR THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET ANY REQUIREMENTS OR NEEDS PURCHASER MAY HAVE. SOME JURISDICTIONS MAY NOT ALLOW THE WAIVER OR EXCLUSION OF SOME WARRANTIES SO THEY MAY NOT APPLY. IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF NINETY (90) DAYS FROM THE DATE OF SHIPMENT, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
LIMITATION OF LIABILITY
EXCEPT FOR THE LIMITED WARRANTY OBLIGATIONS SET FORTH HEREIN, PURCHASER EXPRESSLY UNDERSTANDS AND AGREES THAT UNITEC AND ITS SUPPLIERS SHALL NOT BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF UNITEC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. NOTWITHSTANDING ANY OTHER PROVISION HEREIN UNITEC SHALL NOT BE LIABLE FOR ANY LOSS OF CASH, REVENUES OR OTHER MONEY, FUNDS, OR VALUABLES RESULTING FROM ANY MISDISPENSING OF FUNDS, CRIMINAL, OR MISCHIEVOUS ACTS OCCURRING ON OR AT ANY EQUIPMENT OR AT AN EQUIPMENT LOCATION. IN ADDITION, UNITEC SHALL NOT BE LIABLE FOR ANY LOSS OF OR MODIFICATION TO DATA OR FOR THE LOSS OF ACCESS THERETO. TO THE FULLEST EXTENT PERMITTED OR ALLOWED BY LAW, UNITEC SHALL NOT BE LIABLE FOR, AND PURCHASER HEREBY WAIVES ANY CLAIM AGAINST UNITEC FOR LOST PROFITS, INCREASED EXPENSE OF OPERATION, LOST SAVINGS OR OTHER ECONOMIC DAMAGES OF ANY KIND. EXCEPT FOR THE LIMITED WARRANTY OBLIGATIONS SET FORTH HEREIN, PURCHASER EXPRESSLY UNDERSTANDS AND AGREES THAT UNITEC’S AND ITS SUPPLIERS’ CUMULATIVE LIABILITY TO PURCHASER OR ANY THIRD PARTY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID TO UNITEC FOR THE PRODUCTS DURING THE TWELVE (12) MONTH PRIOR TO ANY CLAIM.