Equipment Solutions Limited Warranty Program

(Rev. 5, December 20, 2012 3:35 PM)

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    Introduction



    Thank you for choosing Equipment Solutions, Inc. (“ESI”) as your preferred partner. The following terms and conditions set forth the warranty service and policy of ESI (“Warranty”) for all ESI products.

     


    Warranty Coverage


     

    THIS WARRANTY APPLIES ONLY TO ESI’S REGULAR CHANNEL PRODUCTS FOUND ON http://www.equipmentsolutions.info OR http://www.equipsolutions.com/ WHICH ARE INTENDED FOR COMMERCIAL DISTRIBUTION (“PRODUCTS”).

    This Warranty does not apply to products intended for OEM/ODM distribution, refurbished products or products sold via surplus/auction dealers.

    THIS WARRANTY ONLY APPLIES TO CONSUMERS WHO ORIGINALLY PURCHASED A ESI PRODUCT WITH A ESI INVOICE.

    Subject to the terms of this Warranty, in the event of any defect of the Product which is during the Warranty Period, ESI will, at its discretion, repair or replace the actuator, amplifier/controller, autocollimator, power supply or other part of such defective Product.

    ESI does not warrant the cables of the Products, all of which are eligible for and subject to the regular DOA service as determined by ESI in its sole discretion, but exempt from the coverage of this Warranty.

    This Warranty does not apply to any failure or defect caused by misuse, accidental damage, abnormal or unusually heavy use, neglect, abuse, alteration, improper installation, shipping damage, unauthorized repair or modification, improper testing, or causes external to the product such as, but not limited to, excessive heat or humidity, power failure, power surges, or natural disaster.

    ESI makes no warranty with respect to expendable components, any software supplied by ESI, any experimental or developmental products, periodic maintenance and repair or replacement of parts due to normal wear and tear, compatibility with other hardware and software products introduced after the time of purchase, or products or accessories not manufactured by ESI; all of which components, software and products are provided in an as-is status. The purchaser assumes the entire risk of using those components, software or products.

    Suitability for Use

    ESI shall not be responsible for conformity with any standards, codes or regulations which apply to the combination of the Product in the customer’s application or use of the Product. The following are some examples of applications for which particular attention must be given. This is not intended to be an exhaustive list of all possible uses of the Products, nor is it intended to imply that the uses listed may be suitable for the Products:

    • Outdoor use, uses involving potential chemical contamination or electrical interference, or conditions or uses not described in the product manual.
    • Nuclear energy control systems, combustion systems, railroad systems, aviation systems, medical equipment, amusement machines, vehicles, safety equipment, and installations subject to separate industry or government regulations.
    • Systems, machines and equipment that could present a risk to life or property.

    Please know and observe all prohibitions of use applicable to the Products.

    NEVER USE THE PRODUCT FOR AN APPLICATION INVOLVING SERIOUS RISK TO LIFE OR PROPERTY WITHOUT ENSURING THAT THE SYSTEM AS A WHOLE HAS BEEN DESIGNED TO ADDRESS THE RISKS, AND THAT THE ESI PRODUCT IS PROPERLY RATED AND INSTALLED FOR THE INTENDED USE WITHIN THE OVERALL EQUIPMENT OR SYSTEM.

     


    Warranty Period



    Subject to the terms of this Warranty, ESI Products are warranted to be free from defects in material and workmanship for and within the Warranty Period as set forth below:

    One year (12 months) for workmanship and materials, starting from the date the Products are shipped out from ESI to the Original Authorized Product Distributor*.

    The shipping date shown on the shipping invoice shall be the starting date of the Warranty Period. ESI reserves the right to determine in its sole discretion the shipping date by the serial number of the Product if no valid shipping invoice is provided or the shipping date on the shipping invoice is illegible, altered or incomplete.

    This Warranty does not apply to the consumer purchaser of Products. For indirect customers (whom purchase the Products from an authorized ESI distributor, including an Original Authorized Product Distributor) or consumer purchasers/end users, the warranty services are taken care by the ESI authorized distributor whom they purchased the Products from. The purchasing date shown on the purchasing invoice from ESI authorized distributor shall be the starting date of the product warranty. The distributor/retailer/reseller who sells the Products to its customers shall have the liability to the warranty of the Products and to support warranty services for its customers.

    * Original Authorized Product Distributor refers to the customer that is the first purchaser of the product, the customer that purchases from ESI, directly out of ESI’s warehouse.

     


    RMA Service



    In-Warranty Services

    If a Product which is defective and returned within the applicable Warranty Period, ESI will, at its sole discretion and at no cost to the customer, repair or replace the defective Product pursuant to this Warranty. In-warranty services require a valid proof-of purchase.

    The repaired or replaced part(s) will be warranted for 60 days from the date of return shipment from ESI, or for the balance of its original Warranty Period, whichever is longer.

    Out of Warranty (OOW) Services

    If a Product which is defective and returned after the applicable Warranty Period or for defect, failure or damage is not covered by this Warranty, the customer may purchase the OOW Services. The Product will fall under the Out of Warranty category if it meets any of the following criteria:

    • Without a valid purchase order or proof of purchase
    • Its current ESI warranty has expired or is void
    • The product is purchased from an unauthorized ESI dealer or auction sites
    • The product is physically damaged* in a manner that has voided the warranty.
    • It is a bent pin issue for the product**

    * The physically damaged situation is considered as customer induced damage (“CID”) case. It also belongs to out of warranty category.

    **ESI does not warrant any and all damage to the pins of socket. ESI will make reasonable efforts to repair socket for all the bent pin issues, but the repair charge may be applied.

    If the customer wishes to have such a Product (which falls under the Out of Warranty category) repaired by ESI, please carefully read the information below.

    • ESI will charge a diagnostic fee to fix basic functionality or cosmetic problems with the PRODUCT. The costs for the components that will be used to fix the issue will be an additional charge and will be added to the diagnostic fee.
    • Each PRODUCT will be determined on a case by case basis by ESI’s Service Center if it is capable of being fixed. If it is not, ESI will keep a diagnostic fee.
    • Typical problems ESI will fix are: misaligned position sensor, improper bearing tension, premature position sensor LED failure, motor coil misalignment, corrupted firmware variables, and so on.
    • Any additional charges (VAT taxes, duties or etc.) will be added to the final charges and be incurred directly by the customer.

    Any repair done by ESI under the Out of Warranty services process will come with a 60-day warranty from the date of return shipment for the repaired or replaced part(s), or for the balance of its original Warranty Period, whichever is longer.

    Freight/Handling - All shipping charges associated with the Out of Warranty services process will be paid by the customer.

     


    Expected Turn-Around Time (TAT)



    For ESI made Products, ESI’s Service Center shall attempt to return the repaired PRODUCT to the customer within 14 working days after the returned products have been received at ESI’s Service Center. For the outside vendor made parts such as Flexures and Bearings, the TAT for repair can be expected to be 30 working days after the returned products have been received at ESI’s Service Center. ESI will use the reasonable efforts to accelerate the working days, but may advise the customer of any delays beyond its standard turnaround time.

     


    Customer’s Obligations



    In order for the warranty replacement or repair to be processed, the customer must first contact ESI’s Service Center, whereupon the Service Center will attempt to remedy the issue prior to any need of servicing merchandise. For repair or replacement on the Product, the customer must obtain a Return Authorization Number (“RMA”) from ESI’s Service Center.

    When required to return the defective Product(s) back to ESI, the customer shall provide information in relation to the defective Product(s) requested by ESI’s Service Center and fill in the RMA form prior to requesting service. The information required would include, but not limited to the product model, part number, serial number, ESI invoice number, shipping date, and possibly photographs of the broken part(s), etc., together with the RMA number issued by ESI’s Service Center. The delay or failure of the provisioning of such information by the customer may cause delays in shipping out the repaired or replacement within the prescribed time frame. ESI may refuse to provide service and shall not be responsible for any damages or liabilities incurred to the customer or the Product if the requested information provided by the customer is incomplete or illegible or the part number/serial number is altered or removed.

    Refer to RMA Service Procedures for more information regarding the RAM service.

    Transportation Cost

    For in-warranty services, the customer shall pay for the one-way shipping charges from the customer’s location to ESI’s Service Center. ESI will be responsible for one way shipping charges incurred for returning the repaired Products to the customer at its standard shipping method. If the returned Product(s) are No Trouble Found (“NTF”), have defaulted due to physical damage by the user, by use of external components not included in the original motherboard/barebone or damaged during shipping en route to ESI’s Service Center, the customer is fully responsible for all fees incurred for returning the Product to their location.

    For OOW services, all the shipping charges associated with the Out of Warranty services process will be paid by the customer.

    ESI will not be responsible for any losses or damage to the Product incurred while the Product is in transit or is being shipped for repair. Insurance is recommended.

    Any package that is sent to ESI’s Service Center without an RMA number will be rejected and sent back at the owner’s expenses and risks.

     


    Others



    Cross Shipment

    ESI does not provide cross shipment/advanced swap service for regular warranty services. Any request for special support is subject to prior consent of ESI.

    Dead on Arrival (DOA) Replacement Policy

    For direct customers, please first contact ESI Sales or FAE for DOA process request.
    A DOA Product is a Product, as determined by ESI in its sole discretion, showing systemic failure symptoms which prevent basic operability of the Product. The customer must submit the DOA replacement request to ESI within 30 days from the invoice date of such DOA Products.

    The customer’s exclusive remedy for a DOA PRODUCT under this DOA policy or any implied warranty shall be limited to the replacement of any DOA PRODUCT, at ESI’s sole discretion.

    When returning DOA Product for replacement, the original packaging including all accessories and packaging material must also be included; otherwise, the customer’s DOA replacement request may be rejected or delayed.

     


    Disclaimer of Warranty



    Except as specified in this Warranty, ESI disclaims all other warranties, express or implied including, but not limited to any implied warranties of merchantability or fitness for a particular purpose. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the express warranty period. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, the above limitations may not apply.

    Any dismantling or repair by anyone other than ESI’s authorized Service Center will void this Warranty.

     


    Limitation of Liability



    ESI’s liability regarding the Products under this Warranty, or any other warranty, implied or express, is limited to repair or replacement. In no event will ESI be liable for direct, indirect, special, incidental, or consequential damages however caused and regardless of the theory of liability including, but not limited to, lost profits, downtime, goodwill, damage to or replacement of equipment and property, and any costs of recovering, reprogramming, or reproducing any document or data stored in or used with a system containing this Product, even if ESI has been advised of the possibility of such damages or liability. ESI’s entire liability under this Warranty shall be limited to the actual value of the Products at the time of being returned back to ESI for repair or replacement less a reasonable amount for usage, as determined by ESI in its sole discretion. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some states or jurisdictions do not allow limitation or exclusion of consequential or incidental damages thus the above limitation may not apply.

     


    Force Majeure



    ESI shall not be liable for any alleged loss or damages resulting from delays in performance due to acts of civil or military authority, governmental priorities, earthquake, file, flood, epidemic, energy crisis, unavailability of supplies, strike, labor trouble, war, riot, accident, material shortage, delay in transportation, or any other causes beyond ESI’s reasonable control.

     


    Complete Agreement



    This Warranty is complete, final and exclusive between ESI and the customer/purchaser with respect to quality or performance of the Products and any and all warranties and representations. THIS WARRANTY SETS FORTH ESI’S ALL RESPONSIBILITIES REGARDING THE PRODUCT.

     


    Choice of Law and Jurisdiction



    Any and all issues or disputes with respect to this Warranty or the Products shall be construed, governed and settled by the law of the State of California, USA, without reference to its conflict of law provisions or the United Nation Convention on Contracts for the international Sale of Goods, and shall benefit ESI, its successors and assigns. Any and all claims, actions, suits or legal proceeding arising out of or in connection with the Product or this Warranty shall be exclusively submitted to the courts located in the State of California, USA. and to the fullest extent permitted by law, without raising any objection or claim that any such suit, action, or proceeding brought in any court has been brought in any court has been brought in an inconvenient forum.

 

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