Position Imaging, Inc. (“Position Imaging”) provides a limited warranty to authorized resellers who resell its products (“Resellers”) and to property owners or managers of properties where the products will be installed (“End Customers”). The applicable holder of the limited warranty hereunder, whether Reseller or End Customer, shall be referred to herein as the “Warranty Holder.” This warranty does not extend to any other person. This warranty may not be otherwise assigned or transferred to any other person, including by law.
Position Imaging provides a six (6) month warranty to Resellers, starting from the date that the product is sold to the Reseller, and a two (2) year warranty to End Customers, starting from the date that the product is sold to the End Customer, whether directly from Position Imaging or through a Reseller. The limited warranty covers all hardware products manufactured by Position Imaging (the “Warranted Product”) that malfunction due to defective materials or workmanship, other than defects visible at the time of delivery. Reseller must resell the product within six (6) months after purchase from Position Imaging or the warranty shall be invalid with respect to Reseller.
The Warranty Holder has five (5) days from the date of receipt of the Warranted Product, whether directly from Position Imaging or from an authorized Reseller, to inspect the product for any visible defects. The Warranty Holder must notify Position Imaging of any visible defects within the five-day period or those claims will be deemed waived.
After the initial 5-day inspection period, the Warranty Holder must notify Position Imaging of any malfunctions due to defective materials or workmanship. Defective products will be repaired or replaced by Position Imaging. Replacement products may be new or refurbished.
For all warranty claims, the Warranty Holder must contact Position Imaging via email to support@Position-Imaging.com together with a description of the defect and pictures evidencing the defect claimed. Position Imaging will promptly review the claim and may request additional information, approve the claim or deny the claim. If Position Imaging denies the claim, it shall provide the reason for denying the claim and the Warranty Holder shall have five (5) business days to provide further support for its claim. If Position Imaging approves the claim, Position Imaging will either make arrangements for repair or ship the Warranty Holder a replacement product with a return shipping label included. The Warranty Holder must ship back the original product in the shipping box with the label provided not later than ten (10) days after receipt of the replacement product. Unless directed otherwise in writing by Position Imaging, the Warranty Holder must return all parts of the original Warranted Product (Shelving, Kiosk, module, etc…).
Any warranty claim that is not made within the time periods stated above or that does not fully comply with the claim procedures stated in this warranty statement shall be void. In the event the Warranty Holder requires replacement of certain parts, rather than the entire Warranted Product, Position Imaging reserves the right to have the Warranty Holder pay the shipping cost.
Position Imaging reserves the right to make all decisions on warranty matters in its sole discretion.
This warranty shall not apply to any Warranted Product damaged as a result of any accident, negligence, misuse, use in any application for which the Warranted Product is not designed or intended, improper installation or setup, failure to follow installation guidelines, modifications by Warranty Holder or any third party including combination with products or accessories not specifically authorized by Position Imaging, acts of God, natural disaster, flood, fire, or by any other causes unrelated to defective workmanship or materials. This warranty also does not apply to (i) demonstration products, (ii) cosmetic defects, (iii) defects that do not inhibit the functionality or performance of the product or (iv) any batteries and other consumable components. Warranty Holder shall be responsible for the cost of any replacement product provided to Warranty Holder if any of these exclusions apply.
Disclaimer of Other Express or Implied Warranties
POSITION IMAGING DOES NOT WARRANT THAT THE OPERATION OF THE WARRANTED PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR HAVE IMPENETRABLE SECURITY. USE OF INFORMATION PROVIDED THROUGH THE PROPRIETARY SOFTWARE IN CONNECTION WITH THE WARRANTED PRODUCT IS SOLELY AT THE END CUSTOMER’S OWN RISK. IN NO EVENT SHALL POSITION IMAGING BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON ANY INFORMATION MADE AVAILABLE BY, THROUGH, OR AS A RESULT OF THE WARRANTED PRODUCT. THIS LIMITED WARRANTY IS VOID IF THE WARRANTED PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT IS DESIGNED.
THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES BY POSITION IMAGING, EXPRESS OR IMPLIED. WARRANTY HOLDER’S SOLE REMEDY IS REPAIR OR REPLACEMENT OF THE WARRANTED PRODUCT AS DETERMINED BY POSITION IMAGING. EXCEPT AS EXPRESSLY WARRANTED IN THIS WARRANTY, POSITION IMAGING HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS EXPRESS, STATUTORY AND IMPLIED, COMPLETENESS OR THAT THE PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS OR THOSE ARISING BY USAGE OF TRADE OR COURSE OF DEALING, APPLICABLE TO THE WARRANTED PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. POSITION IMAGING SHALL NOT BE LIABLE FOR ANY OTHER COSTS, LOSSES, EXPENSES, OR DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS OR LOSS OF PROFITS. CONSEQUENTIAL, INDIRECT, INCIDENTAL AND SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, WHETHER OR NOT FORESEEABLE, ARE NOT RECOVERABLE UNDER THIS WARRANTY OR ANY STATUTORY OR IMPLIED WARRANTIES. ALL STATUTORY OR IMPLIED WARRANTIES WHICH MAY ARISE UNDER LAW, AND WHICH CANNOT BE DISCLAIMED, ARE LIMITED TO THE DURATION OF THIS WARRANTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages, or do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to the Warranty Holder. This limited warranty gives the Warranty Holder specific legal rights, and the Warranty Holder may also have other rights which vary from state to state.
Position Imaging provides all ancillary hardware at the time of installation. If replacement ancillary hardware components are required, they will be provided at cost.