Effective Date: January 1, 2018
1. Limited Product Warranty. For purposes of this Limited Product Warranty, “Panduit” means Panduit Corp. and its subsidiaries and affiliates (the “Affiliates”). “Panduit products” mean all products that Panduit and its Affiliates manufacture and/or sell with Panduit or its Affiliates’ brand-names, excluding software. Any warranties that Panduit provides for Panduit software will be stated in the applicable End User License Agreement. When installed properly, Panduit warrants that the Panduit product, and each part or component of the Panduit product, will comply with Panduit’s published specifications and will be free from defects in material and workmanship for a period of 1 year[i] from the date of invoice from Panduit or its authorized distributor, not to exceed 18 months from the original date of shipment from Panduit’s facility (the “Warranty Period”).
2. Remedies. Panduit’s sole and exclusive obligation and Buyer’s exclusive remedy under this warranty is Panduit’s repair or replacement of the defective Panduit product. Panduit shall have sole discretion as to which of these remedies Panduit will provide to Buyer. For any defective firmware contained in the Panduit products, Panduit will provide Buyer with updated firmware only and Buyer will be solely responsible for its installation. Buyer-requested onsite warranty service is not covered and will be at Buyer’s sole expense, unless authorized in writing by Panduit in advance. Panduit has the right to either examine the Panduit product where it is located or, in its sole discretion, issue shipping instructions for return of the product. Where applicable, Buyer must return the defective product, part or component, transportation prepaid to Panduit’s customer service department accompanied by Panduit’s Return Material Authorization. If Panduit confirms that there is a defect that is covered by this warranty, the repaired or replaced Panduit product will be warranted for the remainder of the warranty period applicable to the originally shipped Panduit product, or for a period of 90 days from the date of shipment to Buyer, whichever is longer. If requested by Panduit, Buyer must provide a proof of purchase, including date of purchase, in order to receive warranty coverage.
3. No Warranty for Third-Party Products. Panduit makes no representations and disclaims all warranties of any kind, express or implied relative to any third-party product or service, including any third-party software or firmware, which may be incorporated into a Panduit product and/or resold or sublicensed by Panduit. To the extent any warranties extended to Panduit by the third-party manufacturer are transferable, Panduit will transfer such warranties to Buyer and any enforcement of such third-party warranties shall be between Buyer and the third-party. Panduit does not warrant the compatibility of the Panduit products with the products of other manufacturers or Buyer’s application except to the extent expressly represented in Panduit’s published specifications, written quotation or statement of work.
4. Exclusions. Before using, Buyer shall determine the suitability of the Panduit product for his intended use and Buyer assumes all risk and liability whatsoever in connection therewith. The warranties contained herein shall not apply to any Panduit products that have been modified by persons other than Panduit or persons authorized by Panduit. In addition, this Limited Product Warranty does not cover any defects resulting from: (a) battery failure, (b) misuse or abuse; (c) neglect; (d) improper storage or handling; (e) accidental damage beyond Panduit’s control such as fire, storm or water damage; (f) Buyer-supplied firmware or unauthorized interfacing; (g) operation outside of the environmental specifications for the products; or (h) improper or inadequate site preparation or maintenance by Buyer. Panduit does not warrant that the operation of the firmware contained in the Products will be uninterrupted or error-free. Panduit products are not designed, intended or authorized to be used in medical applications or as components in medical devices that are used to sustain or support human life. Should Buyer purchase or use a Panduit product for any such unintended or unauthorized medical application or device, Buyer shall indemnify and hold Panduit harmless from any liability or damage whatsoever arising out of the use of Panduit products in such medical applications and devices.
5. LIMITATION ON LIABILITY. THE WARRANTIES PROVIDED HEREIN ARE BUYER’S SOLE AND EXCLUSIVE WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE ARE DISCLAIMED. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PANDUIT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM ANY PANDUIT PRODUCT WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR LOSS OF DATA, LOSS OF ACTUAL OR ANTICIPATED REVENUE, PROFITS OR SAVINGS.
6. General. This Limited Product Warranty applies to the Panduit products only and not to any combination or assembly of the Panduit products. Nothing in this Limited Product Warranty shall be construed to provide Buyer with a warranty for any system implementation using Panduit products.
[i] The Warranty Period for: (i) Panduit’s SmartZone™ G5 PDU and accessories is 3 years and (ii) Panduit’s HDBaseT Extender is 2 years.