3.01 Hardware Warranty. Subject to the provisions of this Article III and Article VI of the Agreement (Indemnification; Limitation of Liability), Vendor warrants that, during the Warranty Period, all components of the Hardware shall be free from faulty workmanship and defective materials under normal use and service (“Hardware Warranty”). The Hardware Warranty is the only express warranty provided by Vendor. The Hardware Warranty may be modified only by express written agreement between the Parties and may not be modified or amended by any course of dealing between the parties or custom and practice in the industry. Client’s remedies and Vendor´s aggregate liability with respect to the Hardware Warranty are set forth in and limited by this Article III and Article VI of the Agreement.
3.02 Hardware Warranty Claims. For each claim of breach of the Hardware Warranty received by Vendor during the Warranty Period, Vendor will, at its sole option: (i) repair the Hardware such that it meets the Hardware Warranty, (2) replace the Hardware with comparable Hardware, or (3) refund the amount paid to Vendor for the Hardware upon its return by Client. All replacement or repaired Hardware shall be warranted for the remainder of the original Warranty Period. Hardware and components that are replaced by Vendor shall remain Vendor´s property. Hardware that is Vendor’s EJCBA Hardware Appliance shall be repaired as set forth in the Service Level Agreement.
3.03 Warranty Conditions. The Hardware Warranty is strictly for the benefit of Client and does not extend to any third party. The Hardware Warranty is contingent upon Client’s (i) payment of all fees. (ii) proper use of the Hardware in accordance with any instructions or manuals provided by or available from Vendor, and (iii) prompt reporting of the claim. Vendor´s obligations under the Hardware Warranty are subject to Vendor´s examination of the Hardware and Vendor´s determination to its reasonable satisfaction that the claimed defect or fault actually exists and is not excluded from Vendor´s warranty under this Section 3.03 or Section 3.04.
3.04 Warranty Exclusions. The Hardware Warranty does not apply to consumable items (e.g., batteries). The Hardware Warranty will be rendered void if Vendor´s serial numbers, warranty data or quality assurance decals on the Hardware are removed or altered. The Hardware Warranty shall not apply, and Vendor shall have no obligations thereunder, if the defect or fault giving rise to the claim is caused by any of the following after the Delivery Date:
(a) Accident, unusual physical, electrical or electromagnetic stress, neglect, or misuse,
(b) failure of electric power or environmental controls,
(c) rough handling during transportation,
(d) Client’s failure to maintain the Hardware in accordance with Vendor´s specifications, or
(e) modifications, alterations or repairs by Client or a party other than Vendor (unless specifically authorized by Vendor in writing).
3.05 Return of Hardware. If Hardware must be returned to Vendor for repair or replacement under the Hardware Warranty, prior to such return, Client must contact Vendor to verify the existence of a warrantable defect in the Hardware and to obtain a Return Merchandise Authorization (“RMA”) number and the correct return shipping address. Client shall deliver the Hardware to Vendor with the RMA number on the package. Vendor will not accept returns of Hardware that do not include a valid RMA number on the package. Client assumes the risk of damage to or loss of returned Hardware in transit. Client is responsible for removing all Confidential Information from Hardware prior to its return, and Vendor shall have no responsibility or liability with regard to data or information contained in returned Hardware. If Vendor reasonably determines that the returned Hardware is not defective or faulty within the terms of the Hardware Warranty or a warranty exclusion applies, Client shall pay or reimburse Vendor for all costs of handling, transportation, diagnostics and repairs at Vendor´s then prevailing rates.