General Product Warranty
The Warranty Agreement
These terms apply to all products supplied by Emertec, unless a specific Contract of Sale agreed with Emertec varies them. If a Support and Maintenance Contract exists between Emertec and a Customer, those terms will take precedent over this document and may outline different procedures. Note that this bespoke warranty provided by Emertec is superior to RTB or RTM warranty in that replacement items will be despatched prior to return of the faulty item to minimise downtime.

GENERAL
The product warranty must be activated within seven (7) days of product receipt via the Warranty Activation Request form on Emertec’s site here. The product warranty will start on the date noted as the purchase date, but not later than two months from the date the unit was purchased from Emertec.
Exceptions will be dealt with on a case-by-case basis.

WARRANTY
Emertec Ltd warrants that the products it supplies will be free of manufacturing defect in material or workmanship for a period of 12 months from the date of purchase – or for a period determined by the warranty extension procured, up to a period not exceeding 5 years from date of purchase. This warranty extends only to hardware and no software components of the system, unless indicated otherwise in documents that form part of the Contract of Sale.

REMEDIES
If a product or component of a product does not operate as warranted during the applicable warranty period (e.g. it displays a defect in material or workmanship), Emertec Ltd. shall at its option and expense issue an RMA number and deliver to the customer an equivalent component or product, or, at its sole discretion refund to customer the purchase price paid for the defective component or product.

All products that are replaced will become the property of Emertec Ltd. Replacement components/products supplied may be new or reconditioned.

RETURNS
Within 14 days of the receipt of the replacement component or product the faulty component or product must be returned by the customer, with its RMA number and at the customers expense, to Emertec Ltd by recognised courier to the address notified by Emertec for this purpose. Failure to comply with this will result in the full cost of the replacement component/product being charged to the customer by Emertec Ltd. with the invoice marked for immediate payment.

CUSTOMERS PROPERTY
Emertec Ltd. shall not be responsible for any software, firmware, information, or memory data of customer contained in, stored on, or integrated with any products returned to it pursuant to any warranty.

PROCESS
Warranty service may be obtained by contacting Emertec Ltd. during usual office hours by email to support@emertec.co.uk within the applicable warranty period or requesting an RMA number via the website here, and completing the Warranty Checklist. The checklist must be completed before any RMA can be issued.

Products returned to Emertec Ltd. must be pre-authorised by Emertec Ltd., with the RMA number marked on the outside of the package, and sent prepaid, insured and packaged appropriately for safe shipment.

LIMITATIONS
If the product or component supplied by Emertec and the subject of this Warranty Agreement does not operate as warranted then the customer’s sole remedy shall be those stated herein. The foregoing warranties and remedies are exclusive and are in lieu of all other warranties, expressed or implied, either in fact or tort, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose. Emertec Ltd. neither assumes, or authorises any other party to assume for it any other liability in connection with the purchase, installation, maintenance or use of these products.

LIMITED LIABILITY
Emertec shall not be liable under this warranty if when a Product has been returned Emertec’s hardware fault diagnosis, testing or examination and/or the testing examination of the OEM/Manufacturer discloses that the alleged defect does not exist or was caused by a customer's or any third party’s misuse, neglect, improper installation, testing or use, attempts to modify or repair unauthorised by Emertec, or any use beyond the range of intended use, or by accident, fire, lightening, external electrical disruption to the prescribed power supply or other hazard. In these circumstances Emertec shall, at its discretion, levy a charge at the usual list price for any supplied replacement parts, shipping costs and for the labour involved in performing the hardware diagnosis, examination and/or tests.

TO THE FULL EXTENT ALLOWED BY LAW EMERTEC LTD. ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT EMERTEC’S OPTION. THIS DISCLAIMER FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL IN ITS ESSENTIAL PURPOSE.

THIS WARRANTY IS GOVERNED BY THE LAWS OF THE UNITED KINGDOM.
Processes:

1. Warranty Registration:
Emertec Ltd has implemented a simple warranty registration form easily accessible on its website on which all product purchases must be recorded, here.

2. Hardware Fault Diagnosis when no Support and Maintenance Agreement is in operation.
In the absence of a Support and Maintenance Agreement, neither Emertec Ltd. nor its Suppliers are contractually responsible for Hardware Fault Diagnosis outside of that necessary to perform its Warranty obligations. However, Emertec may become involved in issues when requested to do so by it’s Partners, or when a Customer logs a request through the Warranty Check list form available here or when a Customer has made Emertec aware directly via phone of a suspected hardware defect, and provided evidence of that defect.

Assistance with Hardware Fault Diagnosis may be provided on a non-chargeable basis at Emertec’s discretion and may extend to assistance from the OEM/Manufacturer. No guarantees are provided as to the timely nature of this assistance, or its outcomes. At no time will the Customer be charged retrospectively and without their prior knowledge for any Hardware Fault Diagnosis or Support provided unless a Warranty Activation Incident has occurred and the Warranty Agreement legally permits such charges. In any other circumstance Emertec will always notify the Customer and gain the Customer's consent and agreement before delivering any chargeable services.

If in Emertec’s opinion the alleged faulty Component or Product is likely to qualify for replacement or repair under the Warranty Agreement, the Warranty Process will be activated (A Warranty Activation Incident). Please Note: In the unlikely event that there is a disagreement concerning the likelihood of the qualification, the Customer may still activate the Warranty Process, but may be liable to pay Emertec the full commercial price for any replacement Components or Products, and for all services provided in relation to that specific Warranty Activation Incident.

3. Warranty Process.
If the Customer had not already done so, a formal application must be made via the Return Request, an RMA will be issued for the for the alleged faulty Part or Product to be returned, and a corresponding replacement Part or Product will be despatched under the terms of the Warranty. Please note that failure to return the faulty part or product in the time ascribed will result in a charge being made for the replacement.

4. Installation of a new system and/or components supplied under the Warranty Agreement. There is no legal obligation under the Warranty Agreement to provide any services and/or assistance with this, this service may be provided under a Support and Maintenance Agreement. However, if assistance is required it can be made available on an ‘Ad Hoc’ basis, and priced accordingly. Parts or Products must be replaced by a person suitably qualified for the task as incorrect fitting/installation may invalidate the Warranty. Unless otherwise agreed, any replacement Part or Product will remain in warranty for the same period as was assigned to the original faulty part or product. The installation of any Component from a source not authorised by Emertec may invalidate the Warranty.

5. Support and Maintenance.
This can be provided on an Ad Hoc basis at agreed prices, or under a Hardware Support and Maintenance Contract containing specific SLA’s.

6. Operating a Spares system.
It is recommended that all customers with critical applications carry spares, the nature of which can be discussed prior to purchase. This means that a faulty part or Product can be swapped out immediately, and then the part replaced back into the spares store under the Warranty Agreement. It is not necessary to purchase Extended Warranty for spares.

Any queries regarding this content can be directed to Linda Elisha, Elisha@emertec.co.uk.


Emertec Ltd.
3rd Floor Queensberry House
106 Queens Road
Brighton BN1 3XF
Company Number: 06553916 Registered in England.
VAT Reg Number 977 0381 90
Tel: +44 (0)1273 270 270
Fax: +44 (0) 1273 270272
26/10/2012
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