This Warranty Policy specifies the standard terms and conditions on warranty for the sale by the Teliko of the Citylight.net control components listed below in Table 1 (“Products”). Only the purchaser that has bought Prod- ucts directly from Teliko (“Buyer”) can derive any rights from this Warranty Policy. This Warranty Policy must be read together with the Terms and Conditions of Com- mercial Sale of Teliko currently in force, or such other terms as agreed by Teliko and Buyer, including separate service or sales contracts (“Terms and Conditions”). Unless otherwise specified herein, any term or expression defined or used in Terms and Conditions and relating to this Warranty Policy shall have (in the interpretation of Terms and Conditions) the same meanings as used herein. In all other respects, Terms and Conditions remain unchanged and are in full force and effect. In the event of a conflict between this Warranty Policy and Terms and Conditions in relation to the Products, this Warranty Policy will prevail.
C-NODE 10 ZHAGA (5 years)
C-NODE 10 NEMA (5 years)
C-NODE 7 PLC (5 years)
CBOX 8 PLC/RF (5 years)
CBOX 8 Light (5 years)
1. Subject to (any and all exclusions, limitations and conditions as set out in) Terms and Conditions and this Warranty Policy, Teliko warrants to Buyer that Products will be free from Defects for the limited warranty period(s) specified below in Table 1 (“Warranty Period”). For the purpose of this Warranty Policy, a “Defect” (or “Defect Product”) means that a Product has a defect in material or workmanship which cause the Product to fail to substantially operate in accordance with the agreed performance specifications.
2. Unless confirmed otherwise by Teliko, a Warranty Period starts from date of delivery to the buyer.
3. Teliko will have no obligations under this Warranty Policy if Buyer is in breach of Buyer’s payment obligations under Terms and Conditions.
4. In order to be entitled to make a valid claim under warranty, Buyer shall promptly notify Teliko in writing of any alleged Defect Product prior to expiration of the Warranty Period for such Product. Further, the obligations of Teliko under this Warranty Policy are subject to the following conditions:
4.1. Buyer shall keep proof of purchase for the Product available for inspection;
4.2. Buyer shall make claims under this Warranty Policy to Teliko promptly and not later than thirty (30) days after discovery, and make available to Teliko adequate records of operating history for the Product, at minimum the following information concerning the Product:
4.2.1. name and/or type number of the Product;
4.2.2. details of the (alleged) Defect, including the number and percentage of failures, and date of failure, as applicable;
4.2.3. the invoice date and, if performed by Teliko, the installation date of the Product.
4.3. Buyer shall send any alleged Defect Product to Teliko for analysis.
4.4. Buyer shall obtain consent from Teliko on the specifi- cations of any tests it plans to conduct to determine whether a Defect exists.
5. The obligations of Teliko under warranty will be limited, at the option of Teliko, to within a reasonable time, either repair or provide a replacement product for the Defect Product, or to an appropriate credit for the purchase price thereof. Repairs, replacements or remedies will not extend or renew the applicable Warranty Period. Teliko is entitled at its option to replace the Defect Product(s) covered by warranty with a product that has minor devia- tions in design and/or specifications which do not affect the functionality of the Product.
6. Buyer shall bear the costs of access for remedial warranty efforts by Teliko, including (de) mounting and/or (de)installation, removal and replacement of systems, structures or other parts of Buyer’s facility, decontamination, and reinstallation of (Defect) Products. Teliko may charge Buyer for the reasonable costs incurred by Teliko in relation to an alleged Defect or returned Product(s) that are found not to be a Defect, including for reasonable freight, testing and handling costs.
7. Unless otherwise agreed by Teliko and Buyer in writing: (i) Teliko does not provide any warranty for third party products, non-Teliko branded products or any software that is not embedded in or delivered with any Products by Teliko, or software which is subject to copyright owned by a third party. Warranty Period for customized or non-standard Products is one (1) year. Teliko does not provide any warranty related to any Defect arising from designs or specifications supplied by Buyer to Teliko.
8. Teliko will have no obligations under this Warranty Policy if the alleged Defect is found to have occurred as a result of any of the following:
8.1. Any acts Force Majeure events. In the event and to the extent not defined in the Terms and Conditions, Force Majeure means and includes any circumstances or occurrences beyond the reasonable control of Teliko - whether or not foreseeable at the time of the agreement - as a result of which Teliko cannot reasonably be required to execute its obligations including force majeure or non-performance by suppliers or subcontrac- tors of Teliko;
8.2. Lightning;
8.3. Electrical supply conditions, including supply spikes, over-voltage/under-voltage and ripple current control systems that are beyond the specified limits of the Prod- ucts and those set or defined by relevant supply standards for the Product;
8.4. Improper wiring, installation or maintenance of Prod- ucts not performed by (or for) Teliko;
8.5. Failure to adhere to installation, operating, applica- tion, maintenance or environmental instructions or guidelines prescribed by Teliko or any other document accompanying the Products, or applicable safety, indus- try and/or electrical standards or codes;
8.6. Failure to use the Products for the purposes for which these have been designed;
8.7. Being subject to corrosive environments, excessive wear and tear, lightning, neglect, carelessness, accident, abuse, misuse, improper or abnormal use of the Prod- ucts;
8.8. Any attempt at repair, alteration or modification not authorized by Teliko in writing.
9. Buyer acknowledges that the purchase price for the Product(s) is based on and reflects a proper allocation of risks and obligations of the parties related to warranty. Specifications are subject to change without notice.
10.This Warranty Policy, read together with the provisions on warranty in the Terms and Conditions, constitutes the entire agreement regarding warranty for any Defect Products and supersedes all prior statements or commu- nications (oral and written) to Buyer regarding the Prod- ucts. To the fullest extent permitted by law, the warranties contained herein are the only warranties given by Teliko with respect to the Products and are given in lieu of all other warranties, whether express or implied, including without limitation warranties of merchantability or fitness for a particular purpose which warranties Teliko expressly disclaims. Buyer shall not rely on any other information, from Teliko or other sources, regarding the Products or their performance. The sole and exclusive remedy for Buyer in connection with any Defect will only be as explicitly stated in this Warranty Policy.
11. Teliko may modify this Warranty Policy from time to time, and any modifications will be effective for all orders placed on or after the effective date of such modification.
12. Any disputes arising out of or in relation with the Warranty Policy shall be settled in accordance wit the dispute resolution mechanisms provided for in the current Terms and Conditions. This Warranty Policy shall be governed by the same applicable law which governs the current Terms and Conditions.