Hardware Supplemental Terms
Version Effective as of November 1, 2023
Capitalized terms which are not defined in these Supplemental Terms have the meanings set out in the Haivision Terms and Conditions (“Terms and Conditions”) incorporated within the Quotation which references these Supplemental Terms.
Hardware shall be furnished on the following terms:
1.1 Warranty. Except as set forth by applicable law and subject to the Terms and Conditions, Haivision warrants that, for a period of one (1) year from the Commencement Date, the Hardware will not have material defects and will perform substantially in accordance with the Documentation (the “Hardware Warranty Period”). In case of violation of this warranty during the Hardware Warranty Period, Haivision will either (a) repair the Hardware at no charge to Customer or (b) exchange the Hardware with new Hardware or Hardware equivalent in functionality, performance, and reliability. When Hardware is exchanged, any replacement Hardware becomes the property of the Customer, and the replaced Hardware becomes the property of Haivision. This warranty does not apply to (a) cosmetic damages;(b) damages caused by an accident, abuse, misuse, improper packaging or other external causes (i.e., fire or flood); (c) damages caused by operating the Hardware outside the permitted or intended use; (d) Hardware modified without the written permission of Haivision; (e) any Hardware for which the serial number has been removed or defaced; or (f) Hardware used in violation of these Terms and Conditions. This warranty does not apply to non-Haivision hardware, even if packaged or sold with the Technology. Third parties may provide their own warranties to the Customer, but as allowed by applicable laws, Haivision supplies such third-party hardware “as is.” This warranty does not apply if the Customer is in breach of these Terms and Conditions, including for late payment(s). Replaced Hardware shall have the following warranty, whichever is longer: (a) the remaining period in the Hardware Warranty Period for the replaced Hardware or (b) ninety (90) days from the date of shipping of the replacement Hardware. For the avoidance of doubts, this Section does not apply to Supplied Product.
1.2 Hardware Repair. Haivision warrants that any repair service for Hardware will be performed in a competent and workmanlike manner. The foregoing warranty is an express limited warranty, and in case of a breach, Haivision will either re-execute the repair services; (b) repair or replace the Hardware or (c) refund the cost of the repair services supplied if paid for by the Customer.
1.3 Hardware RMA Procedure. Customer shall not return Hardware to Haivision without first obtaining a return material authorization (“RMA”). Prior to Haivision issuing the RMA, Haivision may request Customer to make verifications or perform tests to confirm that the reported issue is attributable to the Hardware. The Hardware must be shipped to Haivision using adequate packaging to prevent damage to the Hardware. Customer shall be responsible for any related shipping costs, tariffs, and duties. If the Hardware is not received within thirty (30) days of the creation of an RMA number, Haivision reserves the right to close the RMA request. If the return, exchange or repair leads to fees that are not covered by a warranty or Support Services, Haivision shall obtain approval from the Customer prior to any fees being incurred. If the Customer declines to pay for such additional fees, the Hardware shall be returned at the Customer’s expense in the condition it was received and Haivision shall have no further obligations with respect to such Hardware. Haivision reserves the right to charge diagnostic fees. The Customer agrees and understands that any Customer Data stored on the Hardware returned to Haivision may be lost permanently, and that it is the Customer’s responsibility to ensure that the Customer Data is backed-up separately. If, at any time, Haivision replaces the defective unit and Customer does not return the defective unit within thirty (30) days after receipt of replacement unit, Haivision shall invoice Customer for such replacement unit.