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Warranty Terms and Conditions

This is a LEGAL AGREEMENT between customer (referred as “You”) and FootfallCam. The following are terms and conditions for FootfallCam People Counter (referred as “Product”) Warranty (Warranty Terms).

Recitals

WHEREAS, FootfallCam is in the business of software and hardware development

WHEREAS, Customer desires to implement FootfallCam Software and Hardware and FootfallCam agrees to perform such services, on terms and conditions set forth herein.

THEREFORE, in consideration of the mutual covenants contained herein and others good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

General Terms and Conditions

  • Warranty Term ONLY applicable for the FootfallCam counters excluding its accessories.
  • Warranty Terms ONLY valid with the invoice / sales receipt issued by FootfallCam or authorized reseller and your payment record for Extended Warranty Period (as the case maybe).
  • Product is fully guaranteed against defective material and manufacturing defaults inclusive of parts and service for a period of 12 months from the date of the counter first allocation to the FootfallCam server.
  • Warranty Term ONLY applicable for valid claim, at FootfallCam sole discretion, either repair of the hardware defect using new or refurbished replacement parts, or replacement of the product. Repaired or replacement hardware will be warranted for the remainder of the original Warranty Period or twenty-eight (28) days, whichever is longer. When a product or part is exchanged all hardware or part thereof that is replaced shall become the property of FootfallCam.
  • Warranty is NOT transferable one unit to another.
  • Warranty Term is given independently of any statutory warranty that may apply in the country of purchase (country where the payment is received) and does not affect or limit such statutory warranty in any manner whatsoever.
  • You MUST submit a support request on Footfallcam Analytics Manager V8™ to obtain a Support Ticket number.
  • Support request will subject to inspection and evaluation by FootfallCam.

Exclusions and Limitations

Warranty Term ONLY applicable to FootfallCam product purchased directly from FootfallCam or authorized reseller. Warranty Term does not cover miscellaneous sundries for FootfallCam product sold on behalf of FootfallCam or authorized resellers. Warranty Term NOT applicable under the following conditions if:

  1. the serial number of the product has been altered, tampered with or removed.
  2. the product has been tampered with, subject to misuse, negligence and damaged while in transit.
  3. the product has not been installed, maintenance or operated in accordance with instruction given by FootfallCam

    PLEASE NOTE: if the product and Software have been subject to faulty and improper installation, maintenance, service, operational adjustments, repair, alteration and/or modification in any way that is not (i) covered in the documentation for the product or (ii) carried out with FootfallCam prior consent in writing (iii) If FootfallCam is to be used outdoors or in dusty, humid, or other hostile environments, it must be suitably protected. Further, FootfallCam specifically must be protected, whether in use or not, from exposure to direct sunlight or halogen light which may damage the camera image sensor. This applies to both indoor and outdoor use of the cameras.

  4. the product has undergone, repairs, modifications or dismantled by any other person nor FootfallCam will be forfeit the remaining warranty period of the particular unit
  5. defect caused by acts of God (natural disaster such as earthquake, hurricane), misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions (including, but not limited to, electrical surges, water damage and heat exposure) or lack of responsible care
  6. defect caused by household pests such as lizard, rat, cockroach, etc.
  7. the product with cosmetic damages in product external appearance

Applicable Law

  1. United Kingdom. If you acquired the software in the United Kingdom, common-law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
  2. Outside the United States. If you acquired the hardware and software in any other country, the laws of that country apply.

LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

Disclaimer of Warranty

Failure to comply with any of the aforementioned requirements will invalidate this Warranty Term.

THE WARRANTY AND REMEDIES PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF LAWS UNDER SUCH JURISDICTIONS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED ABOVE. UNLESS PROVIDED HEREIN, ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. EXCEPT AS PROVIDED IN THIS WRITTEN WARRANTY AND TO THE EXTENT PERMITTED BY LAW, NEITHER FOOTFALLCAM NOR ANY AFFILIATES SHALL BE LIABLE FOR ANY LOSS, (INCLUDING LOSS OF DATA AND INFORMATION), INCONVENIENCE, OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE FOOTFALLCAM PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING THE FOREGOING, FOOTFALLCAM’ TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS WARRANTY SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THESE LIMITATIONS ON POTENTIAL LIABILITIES HAVE BEEN AN ESSENTIAL CONDITION IN SETTING THE PRODUCT PRICE

Questions and Contact Information

For further inquiries, please contact us via [email protected]

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