THE PRODUCTS ARE PROVIDED HEREUNDER “AS IS”. VEND ACCESS HEREBY WARRANTS THE PRODUCTS WILL COMPLY WITH THE SPECIFICATIONS PUBLISHED BY OTI AND SHALL BE FREE OF ANY MAJOR DEFECTS, RESULTING FROM BAD WORKMANSHIP OR FAULTY MATERIALS, FOR A PERIOD OF TWELVE (12) MONTHS IMMEDIATELY AFTER DELIVERY OF THE PRODUCTS TO YOU EX-WORKS VEND ACCESS SYDNEY (THE “WARRANTY PERIOD”).
THIS WARRANTY SHALL BE VOID IF A FAILURE OR DEFECT IN THE PRODUCTS ARISES FROM:
- ACCIDENT, ABUSE OR MISAPPLICATION AND/OR MODIFICATIONS WHICH HAVE BEEN MADE TO THE PRODUCTS: (I) BY ANYONE OTHER THAN OTI OR OTI AUTHORISED REPRESENTATIVE (II) IN ACCORDANCE WITH OTI’S OR VEND ACCESS’S WRITTEN DIRECTIONS;
- USE OF THE PRODUCTS IN AN ENVIRONMENT WHERE CONDITIONS ARE NOT IN CONFORMANCE WITH OTI’S SPECIFICATIONS FOR THE OPERATION OF ITS PRODCUTS OR, TO THE EXTENT CONDITIONS ARE NOT SPECIFIED, SUCH CONDITIONS WHICH ARE COMMONLY ACCEPTABLE IN THE VENDING INDUSTRY;
- NON-CONFORMANCE RESULTING FROM USAGE IN EXCESS OF THE MAXIMUM VALUES DEFINED BY OTI OR VEND ACCESS (E.G., TEMPERATURE LIMIT, MAXIMUM VOLTAGE, ETC.)
- NON-CONFORMANCE RESULTING FROM USE OTHER THAN IN ACCORDANCE WITH OTI’S SPECIFICATIONS INSTRUCTIONS
- DAMAGE TO THE PRODUCT OCCURRING AFTER DELIVERY;
- EXPOSURE OF THE PRODUCTS TO ABNORMAL CONDITIONS (MECHANICAL, ELECTRICAL OR THERMAL) DURING STORAGE, INSTALLATION OR USE;
- CUSTOMIZATIONS REQUESTED BY CUSTOMER WHICH OTI OR VEND ACCESS HAVE INDICATED MAY NOT CONFORM TO APPLICABLE TECHNICAL SPECIFICATIONS OR MAY CONSTITUTE EXPERIMENTAL, DEVELOPMENTAL OR NONQUALIFIED PRODUCTS;
- USE OF THE PRODUCTS IN LIFE SUPPORTING DEVICES (EVEN IF OTI OR VEND ACCESS HAS BEEN INFORMED OF SUCH USAGE); OR
- ANY OTHER DEFAULT NOT ATTRIBUTABLE TO OTI OR VEND ACCESS.
If during the period that is twelve (12) months after Delivery, customer discovers a major defect in the Products arising out of workmanship or faulty materials (a “Defect”), customer shall give VEND ACCESS Notice of such Defect promptly, but no later than ten (10) business days after discovery thereof. VEND ACCESS shall, at its discretion, repair or replace the affected Product. Customer shall be responsible for shipping the Products exhibiting a Defect to VEND ACCESS including any and all packaging, shipping, duties and other costs and expenses incidental to such shipment and VEND ACCESS shall be responsible for shipping the repaired or replaced Products to the customer. In no event shall VEND ACCESS be responsible for any costs of removal or re-installation of the Products from Distributor’s or its customer’s products including any disassembly or reassembly thereof or for any transportation costs, customs, duties or clearance fees payable on or with respect to shipping the defective components to VEND ACCESS.
Limitation on Liability
IN NO EVENT SHALL VEND ACCESS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF SALES/PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF VEND ACCESS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, RELIANCE ON OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS MADE AVAILABLE OR SUPPLIED.