Vicon Industries Inc. (the “Company”) warrants your equipment to be free from defects in material and workmanship under Normal Use from the date of original retail purchase for a period of three years, with the following exceptions:
Date of retail purchase is the date original end-user takes possession of the equipment, or, at the sole discretion of the Company, the date the equipment first becomes operational by the original end-user.
The sole remedy under this Warranty is that defective equipment be repaired or (at the Company’s option) replaced, at Company repair centers, provided the equipment has been authorized for return by the Company, and the return shipment is prepaid in accordance with policy. Repaired or replacement hardware will be warranted for the remainder of the original Warranty Period or ninety (90) days, whichever is longer. When a product or part is exchanged the replacement hardware becomes the property of the original purchaser and all hardware or part thereof that is replaced shall become the property of Vicon.
The warranty does not apply (a) to faulty and improper installation, maintenance, service, repair and/or alteration in any way that is not contemplated in the documentation for the product or carried out with Vicon consent in writing, operation adjustments covered in the operating manual for the product or normal maintenance, (b) to cosmetic damages, (c) if the product is modified or tampered with, (d) if the product is damaged by acts of God, misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions (including, but not limited to, electrical surges, water damage, chemical exposure, an/or heat/cold exposure) or lack of responsible care, € if the product has had the model or serial number altered, defaced or removed, (f) to consumables (such as storage media or batteries) (g) to products that have been purchased “as is” and Vicon the seller or the liquidator expressly disclaim their warranty obligation pertaining to the product, (h) to any non-Vicon hardware product or any software (irrespective of packaged or sold with Vicon hardware product) and Vicon products purchased from an unauthorized distributor/reseller, (i) to damage that occurs in shipment or (j) to damages by any other causes not related to defective design, workmanship and/or materials.
The warranty for the products shall run from Vicon to End User customers only (including product purchased through authorized partners and resellers). Vicon is not obligated under any circumstances to honor warranties on product(s) purchases from internet auction sites including eBay, uBid or from any other unauthorized resellers. Except as explicitly provided herein, Vicon disclaims all other warranties, including the implied warranties of fitness for a particular purpose and merchantability.
Software supplied either separately or in hardware is furnished on an “As Is” basis. Vicon does not warrant that such software shall be error (bug) free. Software support via telephone, if provided at no cost, may be discontinued at any time without notice at Vicon’s sole discretion. Vicon reserves the right to make changes to its software in any of its products at any time and without notice.
The Warranty and remedies provided above are exclusive and in lieu of all other express or implied warranties including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Certain jurisdictions do not allow the exclusion of implied warranties. If laws under such jurisdictions apply, then all express and implied warranties are limited to the warranty period identified above. Unless provided herein, any statements or representations made by any other person or firm are void. Except as provided in this written warranty and to the extent permitted by law, neither VIcon nor any affiliated shall be liable for any loss, (including loss of data and information), inconvenience, or damage, including, but not limited to, direct, special, incidental or consequential damages, resulting from the use or inability to use the Vicon product, whether resulting from breach of warranty or any other legal theory. Notwithstanding the foregoing, Vicon total liability for all claims under this warranty shall not exceed the price paid for the product. These limitations on potential liabilities have been an essential condition in setting the product.
No one is authorized to assume any liability on behalf of the Company, or impose any obligations on it in connection with the sale of any Goods, other than that which is specified above. In no event will the Company be liable for indirect, special, incidental, consequential, or other damages, whether arising from interrupted equipment operation, loss of data, replacement of equipment or software, costs or repairs undertaken by the Purchaser, or other causes.
This warranty applies to all sales made by the Company or its dealers and shall be governed by the laws of New York State without regard to its conflict of laws principles. This Warranty shall be enforceable against the Company only in the courts located in the State of New York.
The form of this Warranty is effective March 22, 2019.
THE TERMS OF THIS WARRANTY APPLY ONLY TO SALES MADE WHILE THIS WARRANTY IS IN EFFECT. THIS WARRANTY SHALL BE OF NO EFFECT IF AT THE TIME OF SALE A DIFFERENT WARRANTY IS POSTED ON THE COMPANY’S WEBSITE, WWW.VICON-SECURITY.COM. IN THAT EVENT, THE TERMS OF THE POSTED WARRANTY SHALL APPLY EXCLUSIVELY.
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