CPCAM CCTV CANADA CORP. Terms & Conditions
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1 DEFINITIONS CPCAM CCTV CANADA CORP. CPCAM CCTV CANADA CORP. Terms & Conditions CPCAM: CPCAM CCTV CANADA CORP. AVTECH: AVTECH CORPORATION in Taiwan PRODUCT(s): All products sold by CPCAM and manufactured by AVTECH only RMA : Return Material Authorization CPCAM CCTV CANADA CORP. ("CPCAM") provides types of Limited Warranty for AVTECH COPERATION ("AVTECH") products. CPcam understands the importance of price stability to dealers making bids or preparing marketing materials. However, due to the volatile nature of the rapidly growing market, please be aware that CPCAM reserve the right to make price changes at any time without notice. CPcam is supplying products with the understanding that you, as the dealer, have the appropriate licenses, training, experience and insurance to perform installations safely and legally. CPCAM accepts no responsibility in the event any property damage or injury occurs to users of the products, or installers of the products. Product descriptions provided are, to the best of our knowledge, correct at the time of publication or web page creation. Due to the continual product development, the actual product shipped may differ in specifications. Please use the manufacturer s specifications and instructions when installing products. CPCAM currently only services requests for authorized distributors or direct customers from CPCAM office only. Page 1/5
2 Under Warranty The original product and the power supply, excluded Hard Disk or external storage devices. Any hardware defects in materials or workmanship, with the exceptions stated below. It is customer's sole responsibility and requirement to prove these Products are under warranty (by submit your sales invoice and products Serial Number), otherwise CPCAM will determine these Products' warranties period at its option. CPCAM reserves the right, at its sole discretion and any time, to modify and adjust the scope and content of Products and its warranty without prior notice, however, any modification and adjustment thereafter will not affect or interrupt any rights belonging to Products you purchased already. LIMITATIONS OF WARRANTIES Limited Warranties apply only to Products sold from CPCAM office directly AND manufactured by AVTECH or CPCAM that can be identified by the "AVTECH" or "CPCAM" trademark, trade name, or logo affixed to them. Limited Warranties do not apply to any non-avtech or non-cpcam products including counterfeited products or external storage devices. CPCAM is not liable for any damage to or loss of any profit, programs, data, or other information stored on any media, or any non-avtech products or part not covered by these warranties. Recovery and reinstallation of system and application software and user data are not covered under Limited Warranties. Any cosmetic damage or any other damage or defect caused by abuse, misuse, neglect, use in violation of instructions, repair by an unauthorized third party, or an act of God. Also, if serial numbers have been altered, defaced, or removed. Further, consequential and incidental damages are not recoverable under this warranty. It also will not cover such cameras or recorders without its housing, cables that are cut during installation and accessories that are missing from the original packages. Limited Warranties do not apply if: 1. Products have been subjected to abnormal use, improper storage, unauthorized modifications, unauthorized repair, misuse, neglect, abuse, accident, alternation, removal of any stickers or labels on the hardware, improper hardware/software installations, or other acts that are not the faults of CPCAM, including damage caused by shipping; 2. Products have been damaged from exposure under circumstances which is over weatherproof specification of the product, an Act of God, or improper use of any electrical source, or the connection to other products not recommended for interconnection by AVTECH; Page 2/5
3 3. Products have defects or damage caused due to computer virus attack, internet or technical issues; 4. Products serial number have been removed, defaced or altered; or 5. Products have been sold by an unauthorized distributor or retailer. 6. The product case has been opened. 7. Products have been interoperated with any non-avtech products which AVTECH does not approve the compatibility. DISCLAIMER OF WARRANTIES EXCEPT AS SPECIFIED IN THESE WARRANTIES, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CPCAM. TO THE EXTENT IMPLIED WARRANTIES CANNOT BE EXCLUDED, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE EXPRESS WARRANTIES PERIOD. BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THESE WARRANTIES GIVE CUSTOMERS SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. CPCAM MAKES NO WARRANTIES AND LIABILITIES, EXPRESS OR IMPLIED, WITH RESPECT TO NON-AVTECH PRODUCTS OR THEIR INTEROPERATION WITH THE PRODUCTS AND DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, FITNESS FOR A PARTICULAR USE, OR INTEROPERATION BETWEEN PRODUCTS AND NON-AVTECH PRODUCTS. CPCAM SHALL NOT BE LIABLE FOR INCLUDING BUT NOT LIMITED TO ANY DATA LOST, LOSS AND DAMAGE, DIRECT OR INDIRECT, FOR ANY INTEROPERATION BETWEEN THE PRODUCTS AND NON-AVTECH PRODUCTS. LIMITATION OF LIABILITY CPCAM strongly suggests the customers to test the products prior to installation or deployment. Regardless whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will CPCAM or its suppliers be liable for any lost revenue, profit or lost or damaged data, business interruption, loss of capital, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability or whether arising out of the use or inability to use the AVTECH or CPCAM Products or otherwise and even if AVTECH or CPCAM has been advised of the possibility of such damages. In no event shall CPCAM's liability to customer, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by customer for the Product that gave rise to the claim or if the Product is part of another Products, the price paid for such other Products. Because some provinces or jurisdictions do not allow limitation or exclusion of consequential or incidental damages, the above limitation may not apply to you. In no event shall CPCAM's total liability to you for all damages (other than as may be required by applicable law in cases involving personal Page 3/5
4 injury) exceed the amount of two hundred dollars (CAD $200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether customer has accepted any other Products or service delivered by CPCAM. Customer acknowledges and agrees that CPCAM has set its prices in reliance upon the disclaimers of warranties and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties, and that the same form an essential basis of the bargain between the parties. These Warranties shall be governed by and construed in accordance with the laws of CANADA, without reference to or application of choice of law rules or principles. If any portion hereof is found to be void or unenforceable, the remaining provisions shall remain in full force and effect. Product Return for Dead-On-Arrival (DOA) Products I. Product must be complete with original packaging. II. Accessories and mounting parts must be new with original packaging, all included accessories, and in saleable condition. Without the original packaging upon arrival, a restock fee up to 20 percent of the purchase price will be applied. The customer will be informed of these fees after inspection by CPCAM. CPCAM reserves the right to test all products before issuing credit or exchange a brand new product for any DOA products. Based on the inspection result, CPCAM has the right to reject the return or the customer will be notified regarding any applicable restocking fees if the product is not defective. For quicker service, please contact CPCAM to verify whether the unit is DOA or not. It is essential to contact CPCAM for any question regarding to DOA products. Repair/Replace Policy and Procedure Dead-On-Arrival (DOA) Products I. Requests for DOA must be made within 15 days of purchase from CPCAM invoice, proof of purchase must be provided. II. Product must be complete with original packaging III. Accessories and mounting parts must be new with original packaging, all included accessories and in good condition. IV. All DOA products will be replaced with brand new units. CPCAM reserves the right to test all products before replacing brand new units for any DOA products. Based on the inspection result, CPCAM has the right to reject the return or the customer will be notified regarding any applicable restocking fees if the product is not defective. For No Defects Found (NDF) cases, CPCAM may test a camera longer than 3 business days and customers will be notified. For quicker service, please contact CPCAM to verify whether the unit is DOA or not. It is essential to contact the CPCAM RMA Department for any question regarding to DOA products. Page 4/5
5 Under Warranty 1. Products under warranty will be tested upon receipt based on the problem description given by the customer. 2. If the product is determined to be defective, CPCAM will repair the units. Repaired units are issued at CPCAM's sole discretion. 3. At CPCAM's sole discretion, we will issue store credit to the customer instead of repairing or replacing the products when we determine that repair or replacement is not an option. Out of Warranty CPCAM will follow the same procedure as with under warranty products. However, the customer will be obligated to pay up to 70 percent of MSRP for the repairs, plus $25 inspection fee. Out of warranty replacement units will be covered under warranty for 90 days from the date CPCAM ships to the customer. Packaging Protecting the value of returned products by packaging and shipping them correctly is the sender's responsibility. CPCAM CANADA reserves the right to deny warranty coverage for any damage caused by improper packaging. Sending RMAs without the correct RMA number on the packaging may delay the repair process. NOTE: Shipments to CPCAM MUST BE PREPAID TO DOOR WITH THE RMA NUMBER ON THE LABEL. Product that has been deliberately marked by the customer(s) for ID purposes will not be accepted for replacement. We recommend a small, easy-to-remove sticker be utilized for ID purposes, to show invoice number, invoice date, etc. An RMA Authorization number MUST be obtained PRIOR to returning any product. Customer and product information is required to process an RMA. Please phone, or fax for your RMA request to obtain an RMA number which will valid for 7 days. The RMA number does not guarantee that you will receive warranty service, replacements or that credit will be approved. Returns not conforming to the appropriate procedures will be returned to you, freight collect. Page 5/5
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