Heliospectra warrants that for a period of three (3) years from the date of receiving the Equipment, the Equipment will be free from defects in material and workmanship under normal use. This limited warranty extends only to the original user of the Product. Equipment support is defined as “Return to Factory” which means the customer is responsible for obtaining an RMA number and shipping the unit to Heliospectra’s principal place for logistics. Heliospectra will either repair and return the original unit or provide a reconditioned unit within 30 days of receipt of the defective unit. The customer is responsible for shipping costs associated with shipping the unit to Heliospectra, unless Equipment support occurs during the first ninety (90) days of the three (3) year warranty period wherein Heliospectra is responsible for the costs associated with shipping the unit to Heliospectra. At any time during the three year period, Heliospectra will provide return shipment of the equipment back to the original user free of charge (excluding Tax & Duty).
The warranty period for the Equipment starts the day it is received by the original user of the Product.
Heliospectra warrants that for a period of ninety (90) days from the shipment date, the media on which the software embedded in the Equipment ("Software") is recorded shall be free from defects in material and workmanship under normal authorized use consistent with the product instructions. This limited warranty extends only to the customer who is the original licensee. In no event does Heliospectra warrant that the Software is error free or that the customer will be able to operate the Software without problems or interruptions. This warranty does not apply if the Software, Product, or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Heliospectra or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Heliospectra, (c) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes.
To the full extent permitted by law, Heliospectra will not be liable to the customer for any loss or damage arising from the use of the Equipment, or any defect, in the Equipment, however it may arise. Apart from the above Equipment and Software warranties, Heliospectra has no obligation to provide support, maintenance, upgrades, modifications or new releases. Heliospectra disclaims all liability and responsibilities pertaining to and arising under this Agreement as a result of Customer integrating, connecting or networking the Equipment in any manner whatsoever. If technical advice or support is given or offered in connection with the use or implementation of the Equipment, it will be solely as an accommodation to the Customer and without charge unless otherwise agreed upon. Heliospectra shall have no responsibilities or liabilities whatsoever for the content or use of such advice.
In no event will Heliospectra be liable to Customer or any other person for special, consequential, indirect or incidental loss or damage of any kind or any direct loss or damage of any kind suffered or incurred by the Customer or any other person in connection with the Equipment provided hereunder.
THE ABOVE STATE HELIOSPECTRA’S ENTIRE RESPONSIBILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY REGARDING THE HARDWARE AND SOFTWARE. HELIOSPECTRA, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE HARDWARE, DOCUMENTATION, SOFTWARE, MEDIA, OR THE SERVICES FURNISHED OR PROVIDED TO CUSTOMER. HELIOSPECTRA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.