Limited Warranty

Limited Warranty

Definitions

“Defective” means if the Product, in REDCOM’s sole discretion, has significant defects in materials and workmanship and does not function substantially in the manner described in the Documentation when normally used by the End User within the End User’s recommended operating environment. To be considered Defective, the defects in materials and workmanship must be caused by an act or omission of REDCOM. The need for Product modifications, updates and patches shall not, alone, be deemed to make a Product Defective all of which shall be addressed in the Support Plan, a copy of which can be found at this link: https://www.redcom.com/terms-and-conditions/product-support-plan/

“Documentation” means the user manual and specifications provided to the End User with the Product, as amended.

“End User” means the original person or company that purchases the product and is effectively licensed to utilize the Product. The term End User shall not include third-parties or assignees.

“Product” means the hardware of software you purchased from REDCOM.

“REDCOM” means REDCOM Laboratories, Inc.

Limited Warranty

REDCOM warrants to the End User that for a period of one (1) year from the date of purchase (the “Warranty Period”), the Product will not be Defective (hereinafter referred to as the “Limited Warranty”). Notwithstanding the foregoing, XRI-M4R and XRI-PCIe, shall have a Warranty Period of five (5) years from the date of purchase.

Remedy

If REDCOM determines in its sole discretion that a Product is Defective, its sole obligation under this Limited Warranty to End User during the Limited Warranty Period shall be to use commercially reasonable efforts to:  (a) repair or replace, at its expense, any Product software or hardware that is Defective; or, (b) if REDCOM cannot accomplish any of the foregoing remedies, provide a refund of the amounts paid by End User for the Defective Product upon their return (less depreciation for the time the Product was used).

Notice Obligation

In order to submit a Limited Warranty claim, you must do so in writing addressed to sales@redcom.com during the Warranty Period. Time is of the essence. REDCOM shall have no obligation under the Limited Warranty if REDCOM does not receive a claim prior to expiration of the Warranty Period.

Disclaimer

Exclusions

EXCEPT AS EXPRESSLY SET FORTH HEREIN AND SUBJECT TO APPLICABLE LAWS, REDCOM HEREBY DISCLAIMS ALL WARRANTIES TO END USER WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  REDCOM DOES NOT WARRANT THAT THE PRODUCTS WILL MEET THE REQUIREMENTS OF ANY END USER OR THAT THE PRODUCTS WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.

The Limited Warranty does not include, and in fact, specifically excludes, the following: software or hardware not provided by REDCOM; software whose license has expired or was voided prior to expiration of the Warranty Period; End User’s failure to comply with the terms and conditions of any software  license; End User’s failure to upgrade Product software upon REDCOM’s request (upgrades include corrections, modifications, patches, releases, or the like); acts of God or force majeure events; and batteries, fuses, or other material normally consumed in operation of the Product.

The terms and conditions of this Limited Warranty are exclusive and shall prevail. Any conflicting warranty terms and conditions contained in prior REDCOM documents are hereby rendered null and void and are superseded by the terms and conditions set forth herein.