Chapter 13: Device Warranty and RMA Terms and Conditions

Warranty and RMA Terms and Conditions

This is a LEGAL AGREEMENT between customer (referred as "You") and FootfallCam. The following are terms and conditions for FootfallCam Warranty (Warranty Terms).

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 the following document.

This is also a LEGAL AGREEMENT between customer (referred as "You") and FootfallCam. The following are terms and conditions for FootfallCam Return Material Authorizations (RMA Terms) and incorporating the Warranty Terms and Conditions (Warranty Terms). In particular, any repair or replacement for FootfallCam product (referred as "Product") is subject to RMA Terms and Warranty Terms.

1.0 General Terms and Conditions

• Warranty Term ONLY applicable for the FootfallCam counter, Warranty Term does not cover miscellaneous sundries and accessories of the FootfallCam counter.

• Warranty extension MUST be purchased at the same time of the purchase of the device, further extension of warranty extension will not be allowed after device is dispatch from FootfallCam warehouse.

• Warranty Terms ONLY valid with the invoice / sales receipt issued by FootfallCam and your payment record for Extended Warranty Period (as the case maybe). If the invoice / sales receipt is not issued by FootfallCam, kindly contact point of contact that you purchased from.

• 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 from 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. The applicable law is as follows:

  • 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.

  • 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.

• The Warranty Term / Warranty Eligibility status is based on the RMA case created date/Support Ticket creation date whichever that is valid. Any tickets raised after the Device Warranty Expiration will not be eligible for warranty claim.

• Warranty Term are NOT applicable under the following conditions:

1. 1. Any artificial damage e.g. misuse, abuse or negligence

   2. the serial number of the product has been altered, tampered with or removed.

   3. the product has been tampered with, subject to misuse, negligence and damaged while in transit.

   4. the product has not been installed, maintenance or operated in accordance with instruction given by FootfallCam.

   5. Any other forms of damage including self-attempted repair or unauthorized alterations

   6. Modified software or, and any part of product's hardware.

• 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.

  • 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.

  • 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.

  • defect caused by household pests such as lizard, rat, cockroach, etc.

  • the product with cosmetic damages in product external appearance.

• You MUST submit a support request on FootfallCam Analytics Manager V9™ to obtain a Support Ticket number for a valid device warranty claim. Support Ticket is important so there is traceable information saved to FootfallCam cloud server for the reference of both parties. Please raise the Support Ticket in accordance to the User Guide HERE.

• Prior to the return of faulty device, support requests will be subject to inspection and evaluation by FootfallCam through remote RMA diagnostics. The customer is obligated to collaborate with FootfallCam personnel to perform the Remote RMA Diagnostics, then which approved devices for warranty claim will be issued a RMA Ticket for the product return.

• All RMA tickets raised and authorized for return will be valid for a period of 30 days starting from the date of authorization, based on FootfallCam's remote diagnostics results.

• Failure to return the RMA unit to FootfallCam within 30 days of the authorization date will result in the cancellation of the RMA ticket, and the unit will no longer be eligible for return or replacement.

• It is important to note that the timely return of the product is the customer's responsibility to facilitate the RMA process and avoid any potential issues that may arise.

• Product return MUST be packed in sturdy, hard-covered box and accompanied by documents needed. Refer to 3.0 Packaging Requirements below.

• You MUST bear the risks and shipping charges to FootfallCam. Refer to 4.0 Shipping to FootfallCam below.

• FootfallCam will bear the return shipping charges to customer. Refer to 5.0 Return Shipping to Customer below.

• Should any import duty charges incurred, the charges will solely bear by the Customer.

• You are responsible to save or backup data contained in the product return to respective server before returning the device to FootfallCam.

• RMA unit returned will subject to a further physical inspection and evaluation by FootfallCam.

• Warranty do not include the installation service of the replacement unit. 

2.0 Update on FootfallCam Analytics Manager V9™

• You MUST remove the counter from your site / branch in section Counter Management. Refer to User Guide section 6.5.

• You MUST allocate the new counter at your site / branch in section Counter Management. Refer to User Guide section 6.1.

3.0 Packaging Requirements

• Product return MUST be properly packaged in original box or hard-covered box with bubble wrapped to avoid external damage before or during transit.

• Prepare documents needed (Commercial Invoice and Packing List) as attached in the Waiting for RMA Unit Return email.

4.0 Shipping to FootfallCam

• You MUST bear the risks and shipping charges, including duties and taxes if applicable.

• Shipping method with shipment tracking status is advisable.

• Pay-On-Delivery is strictly NOT acceptable.

• Follow the shipping address stated in the Waiting for RMA Unit Return email.

      PLEASE NOTE: Commercial Invoice and Packing List MUST PASTED ON THE PARCEL.

5.0 Return Shipping to Customer

• Original product will NOT be returned, and replacement product is factory certified product.

• Replacement product of the FootfallCam Device will be the same model according to the RMA Unit returned along with Wi-Fi Dongle, PoE Midspan and Screw Kits.

• Replacement product carries the greater of: original warranty balance or 30 days.

• Delivery is during normal business hours to the address that is provided by customer.

• All data in the original product return will be lost.

• Should any import duty charges incurred, the charges will solely bear by the receiver party

6.0 Additional Information

People counter MUST have network access to integrate with cloud-based software for data storage purpose. Therefore, returns are NOT applicable under the following conditions if:

• Advanced Firewall Setting blocks the port.

• Customer's company executes close network policy.

• Installation site is having network issue.

• Installation site has no network access.

• Router has insufficient port for people counter.

• Unplugged Wi-Fi Dongle of people counter.

• Any other factors cause FootfallCam server unable to grab data.

7.0 Unauthorised Return Device

• Any device returned to us without prior authorization will not follow the standard RMA process.

• Any device returned to us without prior authorization will be subject to handling fees and diagnostic fees. Fees have to be paid before diagnosis. 

• Customer will be responsible on the return shipment fees if the device does not eligible for replacement unit.

8.0 Disclaimer of Warranty and RMA Terms and Conditions

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.

Further Questions and Point of Contact

For further inquiries, please contact us via sales@footfallcam.com.