Date: November 2024
(1) MOBOTIX Corp., a Delaware corporation having an address at 85 Broad St, Unit 17-0-56, New York City, NY 10004 (hereinafter referred to as “MOBOTIX”) warrants solely to the Customer that for the Warranty Period (as defined below), the Products will be free from defects in materials and workmanship under normal use and will materially conform to MOBOTIX’s agreed upon specifications of the Products in effect as of the date of the Purchase Order confirmation. Refurbished products (so-called “Refurbished Products”) and used products are expressly excluded from this warranty. All terms not defined expressly herein shall have the meaning as set forth in the then-current General Terms and Conditions of Sale and Delivery of MOBOTIX.
(2) This warranty is expressly only valid to the extent described in these warranty terms and conditions with respect to the Customer as the contractual party of MOBOTIX. Warranties granted by the Customer with respect to third parties in relation to the Products that lead to claims by third parties require the prior written consent of MOBOTIX. The Customer is obligated to immediately hold harmless and indemnify MOBOTIX from any third-party claims that may arise from the Customer's warranty obligations that exceed the scope of this warranty.
(3) The Products must be carefully inspected immediately after delivery to the Customer or to the third party designated by the Customer, insofar as this is feasible in the ordinary course of business for nonconformity. The Customer shall inspect the Products within ten (10) calendar days of receipt (“Inspection Period”). The Customer will be deemed to have accepted the Products unless it notifies MOBOTIX in writing of any Nonconforming Products during the Inspection Period and furnishes such written evidence or other documentation as required by MOBOTIX. “Nonconforming Products” means only the following: (i) product shipped is materially different than identified in the Customer’s Order; or (ii) Product's label or packaging incorrectly identifies its contents. If the Customer timely notifies the MOBOTIX of any Nonconforming Products, MOBOTIX shall, in its sole discretion, replace such Nonconforming Products with conforming Products. For the registration and shipping procedure, please see section (7) herein. The Customer acknowledges and agrees that the remedies set forth herein are the Customers exclusive remedies for the delivery of Nonconforming Products.
(4) Obvious transport-related damage or other defects already recognizable upon delivery must also be confirmed by the deliverer with a signature on the respective freight document upon acceptance of the delivery. The Customer must ensure that a corresponding confirmation is provided.
(5) The foregoing warranty is subject to the proper storage, transportation, and use of the Products, and does not include defects due to normal wear and tear or deterioration, including, but not limited to deterioration of the appearance of the product, e.g. due to aging or loss of accessories. MOBOTIX further does not warrant:
(a) wear parts, in particular motorized lenses or zoom lenses, pan and tilt motors, fans, toothed belt pulleys, slip rings, ATX power supplies, adapters, PTZ dome cameras and fixed dome products, hard disks, memory cards, batteries; defects caused by failure to provide suitable installation site/environment for the Products,
(b) defects resulting from external devices or accessories (e.g. damaged power cord);
(c) damage caused by use of the Products for purposes other than those for which it was purchased for by the Customer or third parties;
(d) defects resulting from incorrect installation or adjustment of the controls or improper maintenance or operation of the Products or improper handling of the Products by the Customer or third parties;
(e) defects resulting from interaction with non-standard or customized devices, damage caused by disasters such as fire, flood, wind, lightning, power fluctuations, water damage or other Force Majeure Events;
(f) damage caused by unauthorized attachments, accidents or modifications by the Customer or third parties;
(g) any other negligence, abuse or misuse by the Customer or a third party, including installation, improper commission, use or maintenance; and
(h) Products which have been damaged, altered, repaired by the Customer or third parties without the prior written consent of MOBOTIX; or (g) failure to follow MOBOTIX’s oral or written instructions or guidelines.
(6) This warranty further does not cover the reimbursement of other costs that may arise in the course of returning the Products to MOBOTIX, in particular the reimbursement of installation and removal costs and transport costs. The Customer shall bear the other costs incurred in connection with the warranty claim.
(7) During the Warranty Period (as defined below), the Customer shall immediately notify MOBOTIX in writing of any other defects of the Products and return such defective Products, if MOBOTIX so request, at MOBOTIX’s expense. Prior to any shipment of a defective Product, the Customer shall contact MOBOTIX first at the address provided herein. If possible, defects should be documented in pictures. To do so, the Customer shall send an e-mail to support@mobotix.com quoting the order and article number. The Customer is obligated to make the Products available to MOBOTIX at the Customer's own expense at the office of MOBOTIX within further ten (10) calendar days of registering the warranty claim. For this purpose, MOBOTIX will provide the Customer with an RMA number (return number) free of charge, which the Customer must enclose with the return shipment. If the Customer fails to register, provide the Products or cooperate in any other way necessary for a proper examination of the warranty claim in due time, the Customer shall lose its rights to any warranty claims and will have deemed to have accepted the Products. MOBOTIX reserves the right to examine the Products subject to a complaint and to determine whether the conditions for claiming a defect are met in the individual case. MOBOTIX’s sole obligation under the foregoing warranty is, at MOBOTIX’s option and in its sole discretion, (i) to repair or replace the defective Product (or the defective part) by delivering a new or technically equivalent used product to the Customer free of charge. Any replaced or repaired Products shall be subject to this warranty, following their replacement or repair. If MOBOTIX has received notification from the Customer, and no defects of the Products could be discovered, the Customer shall bear the costs that MOBOTIX incurred as a result of the notice. It shall be in MOBOTIX’s sole discretion to determine if the Products (or parts thereof) have a defect.
(8) With respect to orders made to custom, any defects of the Products caused by the Customer’s specifications are excluded from the warranty set forth herein.
(9) MOBOTIX also makes no warranty that the Products manufactured under an order made to custom do not infringe the intellectual property or other proprietary rights of any third party and the Customer is solely responsible for assuring that such Products do not so infringe.
(10) The “Warranty Period” continues to be in effect for twelve (12) months from the date of transfer of risk to the Customer. The “Warranty Period” shall be suspended for the time of repair, replacement, or exchange until the exchanged or replaced product has been returned to the Customer. The burden of proof of the actual presence of a defect during the Warranty Period shall always be borne by the Customer.
(11) To the extent the Customer can be reasonably expected to do so, the Customer shall immediately discontinue any use or processing of a defective Product of performance which might cause further damage or make ascertainment of the cause more difficult or impossible.
(12) The Customer shall make it possible for MOBOTIX to ascertain any defect without delay.
(13) MOBOTIX does not authorize any person or party to assume or create for it any other obligation or liability in connection with the Products except as set forth herein.
(14) MOBOTIX represents and warrants to the Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
(15) MOBOTIX shall not be liable for a breach of the warranty set forth herein unless the Customer gives written notice of the defective Services, reasonably described, to MOBOTIX within ten (10) calendar days of the time when the Customer discovers or ought to have discovered that the Services were defective.
(16) During the Warranty Period, MOBOTIX shall, in its sole discretion, either repair or re-perform such Services (or the defective part); or credit or refund the price of such Services at the pro rata contract rate.
(17) All requests and Notices under this Warranty shall be directed to:
MOBOTIX Corp.
Address: 85 Broad St, Unit 17-056, New York City, NY 10004
Attn: Technical support department
Phone: +1 (212) 385 6126
Email: support@mobotix.com
(18) THE WARRANTIES SET FORTH HEREIN ARE MADE IN LIEU OF ALL OTHER WARRANTIES (WHETHER EXPRESS OR IMPLIED), RIGHTS OR CONDITIONS, AND THE CUSTOMER ACKNOWLEDGES THAT EXCEPT FOR SUCH LIMITED WARRANTY, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” MOBOTIX SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THOSE WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY.
(19) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the Products. Third-Party Products are not covered by the warranty.
(20) THE REMEDIES SET FORTH HEREIN SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND MOBOTIX’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY.
