ThoughtCast Warranty Policy
ThoughtCast LTD. STANDARD EQUIPMENT WARRANTY
ThoughtCast and AndEtc, Inc. (“ThoughtCast”) warrants that all ThoughtCast hardware and physical goods will be free of any defect in materials or workmanship for the period of (2) years. Warranty begins from the date of shipment from a ThoughtCast facility. The warranty is extended to customers and applies to all ThoughtCast manufactured equipment purchased, installed, and used for the purpose for which such equipment was originally designed. The above warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, or improper installation or repairs made by anyone other than ThoughtCast or a ThoughtCast authorized third-party service provider. ThoughtCast reserves the right to substitute functionally equivalent new or serviceable used parts.
WARRANTY CLAIMS AND PROCEDURES
1. During the applicable Standard Equipment Warranty Period outlined above, customer’s sole and exclusive remedy for any breach of the Standard Equipment Warranty will be, at ThoughtCast’s sole discretion and option, the repair or replacement of the defective product. Components that customer claims to be defective must be available to ThoughtCast for inspection and evaluation. To be entitled to rights under the Standard Equipment Warranty, the customer must notify ThoughtCast in writing within seven (7) days after discovering a suspected defect in any product, but in any event prior to the expiration of the applicable Standard Equipment Warranty Period. Following its receipt of any such customer notice, ThoughtCast will determine whether the reported problem is covered by this Standard Equipment Warranty. If ThoughtCast determines that the problem is covered, ThoughtCast will authorize repair or replacement of the defective product, as deemed appropriate by ThoughtCast in its sole discretion.
2. Before shipping any product to ThoughtCast, the customer must obtain a written return authorization from ThoughtCast, and provide any proof of warranty eligibility requested by ThoughtCast. Any product received by ThoughtCast without a return authorization may, at ThoughtCast’s option, be returned to the customer collect. Once a return authorization is obtained, the customer is responsible for packing and shipping the product/component to which its warranty claim relates to a service facility designated by ThoughtCast, within seven (7) days after receipt of the return authorization.
3. ThoughtCast will provide customer with new, rebuilt, refurbished or alternate equipment (or part thereof) of equal or improved quality, as exchange equipment (or part thereof) to replace eligible defective equipment (or part thereof). Any alternate equipment (or part thereof) will meet or exceed the specifications of the replaced equipment (or part thereof). Rebuilt or refurbished equipment may bear cosmetic blemishes that do not affect performance. Unless otherwise specified by ThoughtCast in writing, repaired or replaced equipment (or parts thereof) are covered only for the remainder of the term of the applicable Standard Equipment Warranty. All defective equipment (or parts thereof) replaced by ThoughtCast become the property of ThoughtCast. ThoughtCast has no obligation to (i) service, exchange or otherwise replace any equipment (or part thereof) that has been damaged, modified, abused, misused or over-used as determined by ThoughtCast or has been used with non-ThoughtCast supplies or products that have caused damage or malfunction; (ii) paint, refinish, refurbish, restore or exchange any equipment (or part thereof) with cosmetic blemishes; (iii) service, exchange or otherwise replace any equipment (or part thereof) if the same would interfere with, impede or be redundant with normal or scheduled maintenance of such equipment (or part thereof); (iv) service, exchange or otherwise replace any equipment (or part thereof) that is within ninety (90) days of the end of its production life; or (v) provide any 3rd party application software support or service involving application hardware or replace any accessories. If ThoughtCast elects to perform any such services at customer’s request, then such services will be deemed a service call and all labor, parts and materials used for the service call will be charged at ThoughtCast’s then - prevailing rates.
EQUIPMENT WARRANTY EXCLUSIONS
ThoughtCast does not warrant or guarantee, and is not responsible for:
1. Defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside of ThoughtCasts’ control, or (B) customer’s abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the equipment in any way. Customer must provide qualified technical personnel to maintain and repair the equipment.
2. Alterations and/or Modifications to any part of ThoughtCast’s product, without ThoughtCast’s written authorization unconditionally VOIDS the ThoughtCast Standard Warranty. Equipment built to customer’s specifications that are later found not to meet customer’s needs or expectations.
3. The performance of the equipment when used in combination with equipment not purchased, specified, or approved by ThoughtCast.
ADDITIONAL WARRANTY NOTES
1. OEM or third-party equipment that is incorporated into ThoughtCast equipment is not covered under the applicable ThoughtCast Standard Equipment Warranty unless the OEM or Third-Party equipment carries its own limited warranty, in which event the OEM or third-party warranty will apply to such equipment incorporated into ThoughtCast equipment.
2. The ThoughtCast Warranty applies to the original purchaser, and is not transferrable.
IF THE EQUIPMENT SPECIFIED IN AN ORDER IS DESCRIBED AS USED, UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES, IT IS SOLD “AS IS” AND WITH NO WARRANTY.
ThoughtCast warrants that the services will be performed in a professional manner (the “Services Warranty”). Notice of a breach of the Services Warranty must (i) specify in reasonable detail, the nature of the claim, and (ii) be received within ninety (90) days from the last day of performance of the services. Upon notice of a breach of the services warranty and ThoughtCast’ determination of the validity of such breach of the Services Warranty, ThoughtCast will re-perform the applicable services at ThoughtCast’ expense. If after reasonable opportunity ThoughtCast is unable to re-perform such services to the reasonable satisfaction of customer, customer may, as its exclusive remedy, obtain a refund of the fees paid to ThoughtCast under the applicable order for such services.
DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY PROVIDED IN THIS STANDARD WARRANTY POLICY STATEMENT, ThoughtCast HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL ThoughtCast BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF ERROR CORRECTION, REPAIR OR REPLACEMENT, RE-PERFORMANCE OF SERVICES AND REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF THOUGHTCAST’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE THOUGHTCAST EQUIPMENT OR SOFTWARE LICENSES SOLD TO CUSTOMER AND WARRANTED HEREUNDER, THOUGHTCAST’S PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER RELATED TO THIS STANDARD WARRANTY POLICY STATEMENT, FOR ANY AND ALL CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY THOUGHTCAST FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. GOVERNING LAW AND JURISDICTION.