LIMITED WARRANTY TERMS
LIMITED hardware WARRANTY.
Warranty Terms. Subject to and in accordance with these Limited Warranty Terms (these “Terms”) Enlighted, Inc. (“ENL”) warrants solely to the person or entity that has purchased new, unused Enlighted branded hardware equipment either from ENL or an authorized reseller (the “Customer”) that such purchased equipment (the “Equipment”) (1) is, at the time of delivery to Customer, free of material defects in workmanship or material, and (2) will, for a period of Five (5) years from the time of delivery (the “Equipment Warranty Period”), conform to ENL’s applicable specifications for such Equipment when stored, installed, operated, maintained in accordance with any accompanying documentation and recommendations of ENL and when used under proper and normal use (the “Equipment Limited Warranty”). “Equipment” excludes (a) any software, including software included in any purchased products or provided with any purchased products and (b) any products that are not ENL-branded.
Warranty Remedy. If any Equipment does not materially conform to or is defective under the Equipment Limited Warranty during the Equipment Warranty Period (“Nonconforming Equipment”), ENL’S SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY will be for ENL (at ENL’s option and subject to applicable exclusions set forth in Section 3 below), within a reasonable time, to repair or replace the Nonconforming Equipment, provided that Customer (a) provides written notice of a covered, reproducible defect identifying the applicable Equipment during the Equipment Warranty Period promptly upon discovery thereof; (b) returns all applicable Products with Nonconforming Equipment to ENL promptly after such notice (but no more than thirty (30) days thereafter) pursuant to ENL’s RMA process described in Section 4; and (c) has paid in full all amounts it owes ENL or the reseller from which Customer purchased such Nonconforming Equipment (such reseller, the “Reseller”). Any Equipment not eligible for return under, or are returned to ENL contrary to, these Terms will not be accepted by ENL and will be returned to Customer by ENL, freight collect.
Exclusions. The Equipment Limited Warranty does not apply with respect to: (a) any Equipment in other than its original condition (reasonable wear and tear excepted); (b) any nonconformance or defect of any Equipment caused by any modifications or alterations made to, or maintenance performed on, any Equipment by Customer or any third party; (c) any nonconformance or defect of any Equipment caused by third party software, hardware, equipment, or products used with, installed on, or accompanying the Equipment; (d) any Equipment that ENL reasonably determines has, by Customer or otherwise, been subjected to operating or environmental conditions in excess of limits established by the application specifications or documentation, or otherwise has been subjected to accident, mishandling or abuse, damage, misuse (including, but not limited to use contrary to or not otherwise prescribed by the written specifications, or negligence), neglect or alteration, or improper or unauthorized installation, maintenance or repair, overloading, power failures, power surges, air conditioning failure, humidity, or fire, explosion, earthquake, or other force majeure events. The Equipment Limited Warranty does not include or cover the cost of onsite services, labour, installation, commissioning, removal, reinstallation or re-commissioning and any other work.
Customer may return Nonconforming Equipment in accordance with this Section.
If Customer believes that it is in possession of non-conforming equipment, then it must contact the Reseller (if the Nonconforming Equipment was purchased from a Reseller) or ENL (if the Nonconforming Equipment was purchased from ENL) to request an return material authorization (“RMA”) number.
Within ten (10) days after receipt of the RMA number, Customer shall return to ENL the alleged Nonconforming Equipment, freight prepaid, in its original shipping carton with the RMA number displayed on the outside of the carton. ENL reserves the right to refuse to accept any shipment that does not bear an RMA number on the outside of the carton.
WARRANTY DISCLAIMER. EXCEPT FOR THESE ENL LIMITED WARRANTIES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNLESS OTHERWISE AGREED IN WRITING WITH THE APPLICABLE ENTITY, ENL AND ITS SUPPLIERS AND RESELLERS, MAKE NO OTHER EXPRESS OR IMPLIED WARRANTIES. INSOFAR AS PERMITTED UNDER APPLICABLE LAW, ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED AND DISCLAIMED, INCLUDING WARRANTIES ARISING BY STATUTE, COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS SPECIFIED IN THESE LIMITED WARRANTIES (OR A MUTUALLY AGREED WRITING), ALL PRODUCTS ARE PROVIDED “AS IS”. ALL IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY, PERFORMANCE, AND RELIABILITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. NO WARRANTY IS MADE REGARDING THE RESULTS OF THE USE OF ANY PRODUCT OR THAT THE PRODUCT FUNCTIONALITY OR SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. NO THIRD PARTY IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THE WARRANTY SET FORTH HEREIN ON ENL’S BEHALF. CERTAIN THIRD-PARTY HARDWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH THE PRODUCTS. THIRD PARTY SOFTWARE IS PROVIDED “AS IS”. ENL DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability. UNLESS ENL AND CUSTOMER HAVE AGREED TO A LIMITATION OF ENL’S LIABILITY IN A PURCHASE AGREEMENT FOR THE APPLICABLE PRODUCTS, THE FOLLOWING TERMS WILL APPLY. ENL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCTS SHALL BE LIMITED TO THE AMOUNT EQUAL TO THE AMOUNTS PAID BY CUSTOMER FOR THE APPLICABLE PRODUCTS. IN NO EVENT SHALL ENL BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY ANYONE. IN NO EVENT SHALL ENL BE LIABLE TO CUSTOMER OR ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES (AND, DAMAGE TO OR LOSS OF USE OF ANY PRODUCT, LOST SALES OR PROFITS, OR DAMAGES OR LOSSES DUE TO A DELAY OR FAILURE TO PERFORM ANY WARRANTY OBLIGATION UNDER THESE TERMS OR ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE OF, INABILITY TO USE, OR THE REPAIR OR REPLACEMENT OF ANY PRODUCTS), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE) AND WHETHER OR NOT ENL HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
Suppliers. The limitations HEREIN shall also apply in favour of ENL’s suppliers.
HAZARDOUS USE RESTRICTION. THE PRODUCTS ARE NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER SYSTEM WHOSE FAILURE COULD LEAD TO INJURY, DEATH, ENVIRONMENTAL DAMAGE, OR MASS DESTRUCTION.