HARDWARE WARRANTY TERMS AND CONDITIONS
1. SCOPE OF COVERAGE
This covers labor and material for adjustments, repairs and replacement of parts as necessitated by normal use of the Equipment. Condor reserves the right at any time to change any of the terms and conditions herein, and will communicate material changes to Customer. Customer’s continued use of Condor’s services thereafter will be deemed acceptance thereof.
2. DEFINED TERMS
Without limiting any other term in this Agreement, the following terms have the following meanings for the purposes of this Agreement.
a. “Equipment” means a product purchased from Condor.
b. “Hardware Warranty means the services that Condor is required by this Agreement to deliver to Customer.
The initial term of this Agreement:
a. Newly purchased POS equipment has warranty for one (1) year from the date shown on the Delivery Receipt.
b. Any new POS product reported to be defective within the 30 days after the Delivery Date, this is identified as manufacturer’s defect; thus, it is bound for item replacement.
c. Any new POS product reported to be defective after one (1) month will be subject to free diagnosis and repair.
d. One (1) year warranty does not affect when the product is replaced or repaired. It follows the original warranty on when it was delivered.
4. SERVICES GENERALLY
a. Condor warranty and support are limited to manufacturing and hardware defects only.
b. “Failing POS equipment” refers to an equipment that is initially determined by Customer and, as applicable, verified by Condor.
c. Repair types of Service to keep the Machines in, or restore them to, good working order will include remedial maintenance and may include preventative maintenance based on their specific needs as determined by Condor. Repair types of Service may also include adjustments, and replacement of maintenance parts, all as deemed necessary by Condor. Maintenance parts will be installed by Condor and the replaced parts may be disposed by Condor or client may request for it prior to repair in writing.
d. Customer is responsible to back up their data prior to delivery any equipment to Condor.
5. SERIAL NUMBERS
The parties expect that the POS equipment will be identified through the recorded serial number. Condor commences performance under this Agreement with respect to Machines of the make and model identified in the system/receipts.
a. The absence of serial numbers will not prevent the formation of a contract with respect to Services; and
b. The parties will, with commercially reasonable diligence and in good faith, identify, by serial number or other identifier, the POS equipment that are covered by this Agreement and memorialize the same in writing.
6. DEPOT REPAIR
a. In the case of carry-in repair, Customer will:
1) Deliver the failing POS equipment to Condor’s Head Office;
2) Receive the equipment and sign off the JO Form.
3) Completely fill out the JO Form with correct details and information.
b. In lieu of such delivery, Customer may ship the failing equipment via a legit courier to Condor’s Head Office. Customer is responsible of the freight charge.
7. PICK UP REPAIR
a. In the case of pick up repair, Customer will:
1) Pick up the repaired POS equipment from Condor’s Head Office;
2) Receive the equipment and sign off the JO Form.
3) Confirm the details of equipment against the JO Form.
b. In lieu of pick up, Customer may have the repaired POS equipment be picked up via a legit courier from Condor’s Head Office. Customer is responsible of the freight charges.
8. EXCLUSIONS ADDITIONAL SERVICES
Exclusions from Hardware Warranty do not include repair of damage, replacement of parts, or increase in service time caused by:
1) Failure to continually provide a suitable environment including adequate space, electrical power, air conditioning and humidity control;
2) Neglect, misuse, including use of the Machines for purposes other than for which they were designed;
3) Accident, natural disaster (including water, wind, and lightning), transportation, vandalism, or burglary, pest infestation.
4) Alterations, including, but not limited to, any deviation from Condor’s equipment design;
5) Attachments, including, but not limited to, any interconnection to the Condor Machine of non-Condor products or devices
6) Maintenance or repair of the equipment performed by a third party who is not an agent or contractor of Condor; or
7) Damage or repetitive service calls caused by the use of, inadequate use of, or failure to use, supplies.
9. LIMITATION OF LIABILITY
Condor’s total liability, and customer’s exclusive remedy, for any cost, loss, damage or other potential or actual expense that is in any way related, directly or indirectly, to the execution, performance or subject matter of this Agreement shall be reimbursement for, and not exceed, the amount if support fee paid by customer to Condor hereunder for the service causing the cost, loss, or damage regardless of the form of action employed, whether in contract, warranty, tort (including negligence or otherwise. Condor shall not be liable in any way for any incidental, consequential, special, punitive or indirect damages. The limitations apply notwithstanding that Condor knew, or should have known, of the possibility of any particular kind of damages and notwithstanding that any such limitation causes any remedy to fail of its essential purpose.
10. DISCLAIMER OF WARRANTIES
EXCEPT FOR WARRANTIES EXPRESSLY MADE IN THIS TERMS AND CONDITIONS, CONDOR MAKES NO WARRANTIES WHATSOEVER AND CONDOR DISCLAIMS ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT.
a. Customer Identification. Condor may use the name of, and identify, Customer as a Condor client in advertising, publicity, or similar materials distributed or displayed to prospective clients. Customer may also develop and distribute a case study based on the Services and the Work Product.
b. Force Majeure. If the performance of any part of this Agreement (other than payment of amounts due from Customer) by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, unusually severe weather, riot, fire, judicial or governmental action, labor dispute, act of God, act of terrorism, or any other cause beyond the control of either Party, that Party shall be excused from performance to the extent that it is prevented, hindered or delayed by such causes.
c. Choice of Law / Jurisdiction / Venue. This Agreement shall be governed in all respects by the laws of the Republic of the Philippines without regard for its conflict of law’s provisions, and the sole venue and jurisdiction for disputes arising out of, or related to, this Agreement shall be the Quezon City courts, and each Party hereby submits to the jurisdiction of, and consents to venue in, such courts.
d. Assignment. Customer may not assign any right or obligation under this Terms and Conditions.
e. Notice. Any notice required or permitted to be given under this Terms and Conditions must be in writing and will be deemed effective:
1) If given by personal delivery, upon such personal delivery;
2) If given by nationally-recognized courier or mail service (in either case that has real-time or near-real-time tracking), at the time that the notice is delivered (or an attempt is made to deliver the notice, regardless of whether refused) to the receiver’s premises according to the tracking records of the courier or mail service; or
f. Waiver. The waiver of, or failure of either party to exercise, any right in any respect provided for herein shall not be deemed a waiver of any further right under this Agreement or a waiver of the ability to exercise the same right on a different occasion.
g. Severability. If any provision of this Agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
h. Counterparts. This Terms and Condition, any SOW (Statement of Work), or any other document that forms a part of this Agreement, may be executed in one or more counterparts.
i. Drafting Party. No rule of law that requires that any part of the Agreement be construed against the party drafting the language will be used in interpreting this Agreement.
j. Approvals and Similar Actions. Where agreement, approval, acceptance, consent, or similar action by either Party hereto is required by any provision of this Agreement, such action shall not be unreasonably withheld, delayed, or conditioned.
k. Cross-Default. Any breach by Customer of any other agreement with Condor will be a breach by Customer of these terms and conditions and the agreement of which these terms and conditions form a part.
l. Entire Agreement. This Agreement constitutes the entire agreement between Customer and Condor with respect to the subject matter hereof and there are no representations, understandings or agreements about the subject matter hereof that are not fully expressed in this Agreement. No amendment, change, waiver, or discharge of this Agreement shall be valid unless in a record signed by the party against whom enforcement is sought.