Sera4’s Standard Hardware Warranty
Customer and each Authorized user hereby acknowledges and agrees that Products may include a non-rechargeable lithium metal battery and they must always handle, transport and dispose (recycle where feasible) these batteries whether alone or as part of a Product in accordance with all applicable laws, including without limitation all applicable laws regarding the transport, recovery, recycling and/or disposal of hazardous materials. Customer and each Authorized User further acknowledges that improper handling (including replacing the lithium metal battery with a different type of battery) may result in heat generation, fire or explosion and injury and hereby agrees to assume any and all risks associated with same.
Sera4 warrants that products manufactured by or on behalf of Sera4 (“Sera4 Products”) will operate substantially in accordance with any documentation prepared by Sera4 that they are shipped with or made available on the Sera4 support portal at https://support.sera4.com, for a period ending the earliest of: a) 15 months following the date of delivery; b) one year from the initial date that the Hardware is activated with Teleporte Service; and c) one year from the date of installation of such Hardware. We will provide the customer that purchased the Sera4 Product (the “Customer”) with a credit for the purchase price paid by that Customer for any Sera4 Product that fails to operate in accordance with such documentation. This warranty is personal to the Customer that purchased the Sera4 Product and is not transferable. Sera4 provides no warranty on Sera4 Products purchased outside of authorized Sera4 channels. Neither does Sera4 provide any warranty on hardware manufactured on behalf of third parties and has no obligation with respect to such hardware beyond passing through the benefit of any warranty on such hardware to the extent possible.
If any Sera4 product fails to operate in accordance with this warranty, Customer must email Sera4 at [email protected] Customer must provide Sera4 technical personnel with all information they reasonably require to determine the nature of the problem and the serial number of the defective Sera4 Product. If our technical personal are unable to resolve the problem remotely, they will advise you as to whether: (a) Customer is required to ship the defective Sera4 product back to Sera4 at Sera4’s expense in order to confirm the defect prior to, and as a condition of, Customer’s account being credited; or (b) whether Sera4 will immediately authorize a credit for the defective Sera4 Product to Customer’s account.
Nothing in this warranty obligates Sera4 to provide a credit or any other remedy for a Sera4 Product if Sera4 is not able to duplicate the issue when the Sera4 Product is returned to it (in which case Sera4 reserves the right to revoke any credit for that product previously issued by Sera4) or the issue with the Sera4 Product is caused by:
1) the performance or non-performance of any third-party hardware or software;
2) any modification, repair or attempt to repair the Sera4 Product by any person other than Sera4 or a Sera4 representative that is authorized by Sera4 to do so;
3) abnormal environmental problems, any local electrical supply or wiring problems or problems with a telecommunication or computer network;
4) issues with access to the Teleporte Service or Sera4 software (which issues will be addressed in accordance with the standard maintenance provided under Sera4’s Teleporte Service Access and Software Use Agreement)
5) improper storage or handling of the Sera4 Product;
6) improper preparation of the site or the improper installation of the Sera4 products by any person other than Sera4 or a representative of Sera4 authorized to do so;
7) the use of the Sera4 Product; i) outside its standard operating conditions; in a manner; and or in an industry; clearly not contemplated by its documentation;
8) failure to perform recommended maintenance on Sera4 Products;
9) Customer or a third party’s wilful or negligent acts;
10) the failure of any consumables such as batteries.
This document sets out Sera4’s entire obligation in the event of the breach of the warranty and of Sera4 and its distributors potential liability related to the use of the Sera4 Product and no other WARRANTY, REPRESENTATION, ENDORSEMENT, GUARANTEE OR CONDITION, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, OR ANY OTHER WARRANTY, REPRESENTATION, CONDITION, ENDORSEMENT OR GUARANTEE OF ANY KIND SHALL APPLY AND ARE HEREBY DISCLAIMED AND EXCLUDED. IN NO EVENT SHALL SERA4’S LIABILITY FOR BREACH OF THIS WARRANTY EXCEED THE PURCHASE PRICE OF THE DEFECTIVE SERA4 PRODUCT.