Incorporated in The PRO and PREMIUM Plan thirty-six (36) month contracts is VIEVU’s thirty-six (36) month extended product warranty for each camera listed on the invoice and commencing on the shipping date identified on the invoice. The product warranty is listed below.
You are responsible for maintaining all evidence and videos taken with VIEVU products. You agree to download all videos from VIEVU products before returning to VIEVU for repair or replacement. You agree to indemnify, defend and hold VIEVU harmless in the event VIEVU becomes involved in any claim or action associated with the loss or destruction of any evidence or video on any camera returned to VIEVU for repair or replacement.
The product warranty does not cover intentional damage, use that is not consistent with its intended operation, or any damage caused by an attempt to open or alter the camera.
To submit a claim under the product warranty, the camera must be returned to VIEVU by freight prepaid within The PRO or PREMIUM Plan contract period with a description of the cause and nature of the malfunction or damage sustained. VIEVU will repair or replace the camera subject to the terms of the warranty. The repaired or replaced camera will be a current replacement model returned to you freight prepaid.
- Product Warranty. Company warrants to purchaser that the Products purchased through The PRO or PREMIUM Plan hereunder shall be free from defects in materials and workmanship and shall conform in all material respect to the Specifications for a period of three (3) years from the date of delivery thereof, provided the Product in question has been stored and used in accordance with ordinary industry practices and conditions. The use of non-Company branded or approved accessories or replacement parts may result in damage not covered by warranty. COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
- Remedies. In the event that a Product does not comply with the product warranty set out above and such non-conforming Product is returned to Company within the warranty period by Purchaser freight prepaid, Company will repair or replace such non-conforming Product at no additional charge to Purchaser; the repaired or replaced Product will be returned to Purchaser, freight prepaid. You agree that product repair or replacement is the sole remedy available for any camera malfunction or failure and agree to indemnify, defend and hold VIEVU harmless in the event any claim is made for remedy, including monetary damages other than as specifically allowed in this paragraph.
- Disclaimer of Warranties. The foregoing express warranties are limited to Customer, are not transferable and are in lieu of any other warranty by Company with respect to Products furnished hereunder. COMPANY GRANTS NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SALE OR USE OF ITS PRODUCTS, WHETHER OR NOT COMPANY HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IF COMPANY BREACHES ANY PROVISION OF THIS AGREEMENT, PURCHASER’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE CONTRACT PRICE FOR THE PARTICULAR PRODUCTS. Customer agrees to indemnify and defend Company in the event of any claim for damages associated with malfunction or failure of a camera other than repair or replacement as provided in these Terms and Conditions.