This Miovision Limited Warranty applies only to the original end-customer (“End User”) who purchased the genuine Miovision Scout™ hardware (“Scout Product”); Miovision TrafficLink™ hardware (“TrafficLink Product”); and/or software products developed by Miovision for use with Moivision hardware (“Firmware”). In this Miovision Limited Warranty, the defined term “Product(s)” shall refer to Scout Product(s), TrafficLink Product(s), and/or Firmware, or a combination of any of the foregoing. For clarity, this Miovision Limited Warranty does not apply to any other Miovision goods, software, subscription services, data processing services, support, documentation, parts, deliverables, or any other goods or services of any kind whatsoever.
This Miovision Limited Warranty applies only to the End User who purchased the genuine Miovision Product(s). In the event the End User purchased the Product(s) through a Miovision distribution partner (“Partner”), the Partner shall transfer, and shall be deemed to have transferred, this Miovision Limited Warranty to the End User upon the End User’s purchase of the Product(s). Neither the Partner nor the End User has any right to transfer this Miovision Limited Warranty to any other person or entity.
LIMITED WARRANTY FOR PRODUCTS AND FIRMWARE. Miovision warrants that, for three (3) years from the date of installation of the Products in End User’s traffic intersection (the “Limited Warranty Period”), the Products shall be free of problems due to workmanship and component defects and function substantially in accordance with Miovision’s then-current written documentation for the Products, if any (the “Limited Warranty”). For the purposes of this policy, the term “installation” means that the Hardware has been physically installed at an intersection and there is connectivity to the Hardware.
EXTENDED WARRANTY. At any time within the applicable Limited Warranty Period, the End User may purchase one further 2-year extension (the “Extended Warranty Period”) to the Limited Warranty Period for the Products (the “Extended Warranty”). The cost of this Extended Warranty shall be set forth in an applicable Miovision quotation.
EVIDENCE OF PURCHASE. End User must provide a proof of purchase of the applicable Products in the form of a bill of sale or receipted invoice, together with confirmation of date of installation, as evidence that the applicable Products are within the applicable warranty period in order to obtain a warranty service under the applicable warranty.
WARRANTY SERVICES. End Users who require warranty service under this Miovision Limited Warranty and who purchased the applicable Product from a Partner, should contact the Partner as the first point of contact for warranty service. End Users who require warranty service under this Miovision Limited Warranty and who purchased the applicable Product from Miovision may contact Miovision for warranty service. The End User shall provide sufficient detail to Partner or to Miovision, as applicable, such that Partner or Miovision, as applicable, can provide reasonable support in relation to the problem. The Partner or Miovision, as applicable, will investigate and determine whether this Miovision Limited Warranty applies to the malfunction and whether the applicable Product is validly within the applicable warranty period as set out in this Miovision Limited Warranty. If the Product is determined by the Partner or Miovision, as applicable, to be defective per the applicable warranty during the valid warranty period applicable to that Product, the Partner or Miovision, as applicable, will repair or replace the defective Product, at its option, and at no charge to the End User. This Miovision Limited Warranty shall be invalid if the factory-applied serial number has been altered or removed from the applicable Product.
ADVANCED REPLACEMENT. During the applicable warranty period, if the cause of the malfunction cannot be determined or resolved by the Partner or Miovision, as applicable, over telephone or email with the End User and a replacement is required for a defective Product, the Partner or Miovision, as applicable, may send the End User a replacement Product in advance of receiving the defective Product back from the End User or Partner, as applicable. If Partner elects to do the advanced replacement for the End User itself, the Partner shall be responsible for all costs, expenses and inventory related to same and Miovision shall have no responsibility or liability therefor and shall have no obligation to reimburse Partner for the costs of the defective Product, shipping, or the replacement Product. If Partner elects instead to submit a request to Miovision to do the advanced replacement for the End User, Partner shall promptly notify Miovision of same by email at firstname.lastname@example.org or by phone at 877-646-8476 and provide evidence and findings from the Partner’s investigation of the warranty claim. Miovision may, in its discretion, send the End User a replacement Product in advance of receiving the defective Product back from the End User or Partner. In the event Miovision sends the End User a replacement Product in advance of receiving the defective Product back from the End User or Partner, as the case may be, the End User shall return the defective Product to Partner or Miovision, as applicable, within thirty (30) days of End User receiving the advanced replacement, failing which the End User shall be responsible to pay Partner or Miovision, as applicable, for the full purchase price of the advanced replacement Product provided to the End User.
WARRANTY FOR REPAIRED/REPLACED PRODUCTS. If Partner or Miovision, as applicable, repairs or replaces any Product during the applicable warranty period, the warranty on the repaired or replaced Product shall expire at the end of the applicable warranty period for the original Product that became defective. Miovision may use refurbished parts and materials in repair or replacement of Products, provided that such parts and materials are of equal value and functionality, as determined by Miovision in its sole discretion.
NON-WARRANTY/OUT-OF-WARRANTY SERVICES. If Partner or Miovision, as applicable, determines that the Product is defective due to a cause not covered by this Miovision Limited Warranty (or the Extended Warranty, as the case may be) (including, without limitation, due to one of the exclusions set out in Section 8 (Exclusions to Warranty) below), the Limited Warranty (or Extended Warranty, as the case may be) will not apply. Partner or Miovision, as applicable, will notify End User that the Miovision Limited Warranty (or Extended Warranty, as the case may be) is not applicable to End User’s claim. Should the End User wish to proceed with out-of-warranty services for the out-of-warranty Product, Miovision will provide the End User a quote for the maximum possible repair or replacement cost, plus shipping, for such out-of-warranty Product. Prior to Miovision commencing any out-of-warranty services, the End User must: (i) confirm to Miovision, in writing, End User’s acceptance of the quote for the out-of-warranty services; and (ii) deliver the out-of-warranty Product, at End User’s cost, in either its original packaging or packaging affording an equal degree of protection as the original packaging, to Miovision. If Miovision is able to repair the out-of-warranty Product for an amount less than quoted, Miovision shall only invoice the End User for the actual cost of the repair and the return shipping costs to send the repaired outof- warranty Product to the End User. In the event that Miovision, in its sole discretion, chooses to provide End User with an advanced replacement Product rather than repair the out-of-warranty Product, the End User will be billed and become liable for the purchase price of the advanced replacement Product, and all shipping costs to send the advanced replacement Product to the End User.
EXCLUSIONS TO WARRANTY. This Miovision Limited Warranty does not include, and Miovision shall have no liability whatsoever with respect to, cosmetic damage, or damage resulting from:
(i) Partner’s or End User’s failure to follow Miovision’s instructions for installation, use, operation, or maintenance of the Product;
(ii) alteration, modification, or misuse of the Product in any way;
(iii) the combination, operation, or use of the Product with any materials, parts, equipment, or devices not manufactured or approved by Miovision;
(iv) any other improper installation, operation, or use;
(v) attempted repair by anyone other than Miovision or other facility authorized by Miovision to service the Product; or
(vi) accident, abuse, negligence, the connection to an improper voltage supply, acts of God.
This Miovision Limited Warranty does not apply to: (a) Products that are provided on an “AS IS” or “WITH ALL FAULTS” basis; (b) any Products provided for trial, demo, or evaluation; (c) any antenna; and (d) any consumables including, but not limited to, any batteries for the Product.
Miovision does not warrant:
(a) the functions of, or contained in, the Products will meet any Partner or End User requirements or specifications;
(b) the operation of the Products will be free from defects or viruses or be secure;
(c) the Products will appear or operate precisely as described in any documentation, or that all errors will be corrected;
(d) the Products will operate without interruption or error-free or at particular performance levels;
(e) the quality, completeness, accuracy, usefulness, or integrity of any information resulting from the use of the Products; or
(f) that the Products will not give rise to, or cause errors, bugs, or other defects that can impact on all or any of the foregoing.
EXCLUSIVE REMEDY. THE PROVISIONS OF THIS MIOVISION LIMITED WARRANTY STATE MIOVISION’S SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY TO END USER, AND END USER’S SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY BREACH OF ANY WARRANTY REGARDING MIOVISION’S PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS MIOVISION LIMITED WARRANTY, MIOVISION’S PRODUCTS, SUBSCRIPTION SERVICES, DOCUMENTATION, DELIVERABLES, SUPPORT, PARTS AND ANY OTHER GOODS OR SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OF ANY KIND. MIOVISION, ON BEHALF OF ITSELF AND ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS, HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) REGARDING OR RELATING TO MIOVISION’S PRODUCTS, SUBSCRIPTION SERVICES, DOCUMENTATION, DELIVERABLES, SUPPORT, PARTS, OR ANY OTHER GOODS OR SERVICES. THE EXPRESS WARRANTIES SET FORTH ABOVE IN THIS MIOVISION LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, FOR ALL OF MIOVISION’S PRODUCTS, SUBSCRIPTION SERVICES, DOCUMENTATION, DELIVERABLES, SUPPORT, PARTS, AND OTHER GOODS OR SERVICES, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR ANY PURPOSE (PARTICULAR, SPECIFIC OR OTHERWISE), TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MIOVISION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR ANY PURPOSE (PARTICULAR, SPECIFIC OR OTHERWISE) WITH RESPECT TO MIOVISION’S PRODUCTS, SUBSCRIPTION SERVICES, DOCUMENTATION, DELIVERABLES, SUPPORT, PARTS, AND OTHER GOODS OR SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.