GVE LIMITED HARDWARE WARRANTY
PLEASE READ THIS LIMITED HARDWARE WARRANTY (“WARRANTY”) CAREFULLY. BY USING GLOBALVISION HARDWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE BOUND THEM. IF YOU ARE ACCEPTING THIS WARRANTY ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THE TERMS.
THIS WARRANTY IS SUBJECT TO CHANGE AT ANY TIME.
This Warranty governs the sale of hardware by GVE Global Vision Inc. ("GlobalVision") to You (collectively the “Parties”). This Warranty sets forth the general terms and conditions of your use of the Hardware. Service agreements, licensing agreement, and additional policies may apply to certain Services or use of Software and are in addition to (not in lieu of) this Warranty. In the event of a conflict between the provisions of such agreement and the provisions of this Warranty, the provisions of the applicable agreement shall control.
The terms “we”, “us” or “our” shall refer to GlobalVision. The terms “You”, “your”, or “client” shall refer to any individual or entity who accepts these Terms, has access to or uses the Services.
The term “Hardware” shall refer to any goods purchased from GlobalVision.
2. MODIFICATION OF AGREEMENT OR SERVICES
GlobalVision may, in its sole and absolute discretion, change or modify this Warranty, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the GlobalVision website. Your use of the website and the Hardware after such changes or modifications have been made shall constitute your acceptance of these Terms as last revised.
For one (1) year following the date of purchase of Hardware from GlobalVision, GlobalVision commits to performing all Support Services during the Support Hours in accordance with the terms and conditions of this Warranty.
The terms “Support” and “Support Services” shall refer to the identification, diagnosis and correction of any Hardware issues by GlobalVision support team which is sufficiently qualified and experienced to identify and resolve your support requests via telephone, e-mail, chat, and e-support (the ability to create service requests online) and on-site repairs (in the last case, subject to certain conditions) if so required.
This Warranty is expressly given in lieu of any other express or implied warranties, including any implied warranty of merchantability or fitness for a particular purpose, and in lieu of any other obligation on the part of GlobalVision.
4. REPAIRS, EXCHANGES & REPLACEMENTS
GlobalVision shall use commercially reasonable efforts to resolve any incidents or remedy reported issues with the Hardware.
The support team is available to You Monday through Friday, from 8:30 am to 5:30 pm ET, except on statutory holidays observed in Quebec, Canada (“Support Hours”).
Should You require GlobalVision’s assistance with your Hardware:
1. Open a ticket with GlobalVision’s support team
- You may open a ticket by:
i. Calling 1-514-624-4422 / 1-800-501-0511;
ii. E-mailing [email protected]; or
iii. Clicking here: https://globalvision.co/support-request/
2. The support team will then contact you to provide you with repair instructions.
3. If repair instructions do not resolve the issue, the support team will provide You with authorization to return the Hardware to GlobalVision for repair.
4. If a return is deemed necessary by GlobalVision within the warranty period, the Hardware will be repaired or exchanged at GlobalVision’s discretion. You will be responsible for securely packaging the Hardware and returning it to GlobalVision within ten (10) business days after receiving return instructions including all shipping costs.
5. If you require replacement Hardware during the period of time required to identify and correct any defect, GlobalVision will loan you replacement Hardware at no additional cost. You will be responsible for any shipping fees associated with such replacement Hardware. GlobalVision makes no representations and / or warranties as to the availability of replacement Hardware or as to the identical nature of the replacement Hardware. Replacement Hardware will be provided on a first-come, first- serve basis.
6. Should You fail to return the defective Hardware or replacement Hardware, as the case may be, to GlobalVision You understand and agree that You will be responsible for the full cost of such Hardware including any applicable fees and taxes of any nature whatsoever.
ALL TRANSPORT FEES, FREIGHT CHARGES, DUTIES, AND FEES REQUIRED TO TRANSPORT ANY HARDWARE TO GLOBALVISION FROM YOUR PLACE OF BUSINESS, OR INVERSELY, SHALL BE YOUR RESPONSIBILITY.
When Support Services are deemed to require an exchange of the Hardware or a part thereof, the replaced Hardware or part shall become Your property. The replacement or part may be new or refurbished to GlobalVision’s standard of quality, and, at the GlobalVision’s option, may be another model of like kind and quality. Exchange Hardware and parts assume the remaining warranty period of the original Hardware covered by Your limited Warranty.
5. NO LEMONS
In the event that your Hardware requires three (3) or more functional repairs within the Warranty period, GlobalVIsion will at replace your Hardware with a like-for-like piece of equipment.
6. EXTENDED WARRANTY
This Warranty may be extended for an additional fee. In order to benefit from an extended Warranty please contact your account executive at GlobalVision.
Except as otherwise agreed to in writing by GlobalVision, all Hardware system components must be purchased through GlobalVision. Any parts replaced or added to the system without prior written approval, shall nullify this Warranty.
• All Warranties are non-transferable;
• This Warranty only covers normal use as provided for in the documentation provided to you upon receipt of the Hardware;
• This Warranty does not cover third party parts, components, or peripheral devices added to the Hardware or damages caused by such additions;
• This Warranty does not cover misuse, abuse, improper installation, neglect, excessive dust or exposure to the elements improper shipping, damage caused by disasters such as fire, flood, and lightning, improper electrical current, software problems, interaction with non-authorized products as outlined in the documentation, or service other than by the GlobalVision support team;
• This Warranty shall become void if the Hardware is installed on a vibrating surface or if the Hardware is moved from the original place of installation without first consulting GlobalVision.
• GlobalVision is not responsible for software that is not installed and/ or authorized for use in conjunction with the Hardware;
• GlobalVision is not responsible for any Hardware for which payment has not been fully received;
• GlobalVision is not responsible for any defect caused as a result of any attempt to repair the Hardware by any person other than a member of GlobalVision’s support team;
• GlobalVision is not responsible for normal wear and tear due to proper use; and
• GlobalVision shall not be held responsible if a claimed defect cannot be identified or reproduced.
8. DISCLAIMER OF WARRANTIES
GLOBALVISION’S RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY. THIS LIMITED WARRANTY MAY BE VOIDED BY GLOBALVISION, AT GLOBALVISION’S SOLE DISCRETION, IF THIRD PARTY PRODUCTS THAT WERE NOT PROVIDED BY GLOBALVISION ARE INSTALLED ON YOUR HARDWARE.
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED ABOVE, GLOBALVISION PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION (1) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR NONINFRINGEMENT; (2) RELATING TO ANY THIRD- PARTY PRODUCT; OR (3) REGARDING THE RESULTS TO BE OBTAINED FROM THE PRODUCT.
GLOBALVISION EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. UNLESS STATED HEREIN, ANY STATEMENTS OR REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM ARE VOID.
Your exclusive remedy and GlobalVision’s entire liability for any material breach of this Warranty will be limited to a refund of the price paid for the Hardware covered by this Warranty.
Any action for breach of warranty must be brought within three (3) months of the expiration date of the Warranty.
GlobalVision is not liable for performance delays or for nonperformance due to causes beyond its reasonable control or any events considered to be “Force Majeure”.
Except as provided in this Warranty, GlobalVision shall not be liable for any loss, inconvenience, or damage, including direct, special, incidental or consequential damages, including lost profits, lost data resulting from the breakdown or failure of any equipment, cost of substitute equipment, downtime, delays in servicing, claims of third parties, including customers, or injury to property, resulting from the use or inability to use the Hardware, whether resulting from a breach of warranty or any other legal theory. Some jurisdictions do not allow limits on warranties or remedies for breach in certain transactions. In such jurisdictions, the limits in this paragraph and the preceding paragraph may not apply. In Canada, warranties include both warranties and conditions.
10. GOVERNING LAW
This Warranty shall be construed in accordance with the laws of the Province of Quebec. You hereby agree to select the judicial district of Montreal, Province of Quebec, Canada, as the appropriate forum for hearing any claims or legal proceedings to the exclusion of any other judicial district which may have jurisdiction over such disputes in accordance with the provisions of law.