Westermo 5 years warranty

All Westermo products are warranted against defects in design, materials or workmanship for a time period of five (5) years. 5 year warranty is valid for all products sold after 2012-01-30.

If a product should fail within this specific warranty time, the product can be:

  • Repaired
  • Replaced with a new unit 
  • Replaced with a equivalent repaired product fulfilling the same functionality
  • Full refund according to the purchase price if repair or replacement is impossible

Warranty

As per our Terms and Conditions of sale, section 14

14           Warranty

14.1        All Product(s) supplied by the Company will receive a 60 Month warranty from the date of delivery to the Customer (the “Warranty Period”). The warranty shall be invalidated by any misuse of the Product(s) or by any damage caused to the Product(s). The Company shall not be liable for any costs incurred by the Customer for loss of time or damage to equipment in the event of Product failure.

14.2        The Company will not be liable for, or in respect of any loss or damage caused by, or resulting from, any variation (for whatever reason) in the Manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation or supply following such variation.  The Company will endeavour to advise the Customer of any such impending variation as soon as it receives notice thereof from the Manufacturer.

14.3        The Customer acknowledges that the Radio Survey is a statement of fact ascertained at the time the Radio Survey was carried out and will not constitute either a guarantee or warranty as to the suitability of the Customer’s proposed signal path.  The Company shall exercise all reasonable care and skill in carrying out the Radio Survey including using common professional practice, but the Company accepts no responsibility for any changes subsequently arising to the signal path.

14.4        The Company will not be held responsible for delays caused by data carriers or telephone companies providing private circuit, DSL, ISDN or analogue lines, nor for delays caused by the Customer or the management of the Customer’s Site. Order processing will commence and the delivery time will be reckoned as specified in the Purchase Order.

14.5        Where in the sole opinion of the Company the Customer is entitled to a warranty claim the Company will at its option be entitled to repair or replace (on an exchange basis) any parts of the Product(s) which become unserviceable in normal use.  For the avoidance of doubt, where the Company replaces a Product, any unused portion of the Warranty Period shall be transferred to the replacement product and this is the extent of the warranty in relation to such replacement.

14.6        The Customer accepts that use of the Internet is at its sole risk and the Company does not warrant or guarantee nor is it a condition of any other term hereof:

14.6.1         that the Customer‘s access to the Internet will be uninterrupted or error free or of any particular level or quality;

14.6.2         that the transmission or processing of any information or results thereof including third party content obtained from the use of the Internet or from the Internet will be accurate or complete.

14.7        Any repairs deemed necessary by the Company after expiry of the Warranty Period shall be charged to the Customer at 40% of the then current list price for the Product(s). Any repairs shall receive a 3 months warranty from the date of repair.  Replacement parts shall become part of the Product(s) and (where relevant) those parts which have been replaced shall become the property of the Company.  Should the Customer, for security reasons, wish to retain such replaced parts, the Company shall charge the Customer a reasonable fee therefore.

14.8        The Customer should note that in relation to certain Product(s) the warranty offered by the Company may require such Product(s) to be returned to the Manufacturer in order for them to be repaired.  For a period of time the Products(s) may not be available to the Customer.  The Customer may acquire a different warranty from the Manufacturer or make other arrangements appropriate to the Customer’s needs.  The Company shall not be liable for any losses resulting from any disruption to the Customer’s system while the relevant Product(s) is unavailable/not working.

14.9        The Customer must notify the Company immediately of any claim under this clause 14. Where the Company reasonably believes the Customer has a claim a returns number will be issued to the Customer. The Product(s) will be returned to the Company at the Customer’s cost. A replacement Product(s) will only be supplied upon verification of the warranty failure by the Company or at the Company’s sole discretion the Company shall replace the Product(s) where the Company deems such replacement appropriate.  The foregoing procedure is designated solely for administrative convenience, the issuance by the Company of any returns number shall not be taken as an admission of fault and/or liability on any account whatsoever on the part of the Company in relation to any Product(s) the subject of such return and shall not in any way prejudice or impair any rights which the Company may have under the Terms.

14.10        The Customer shall only be entitled to a credit for any returned Product(s) provided that the Company has agreed to such credit in writing and the Product(s) are returned unused and in the original undamaged packaging within 30 days of the date of delivery.  Any credit note issued will be subject to a 25% handling charge. The Company accept no liability for returned goods lost or damaged in transit.

Liability

As per our Terms and Conditions of sale, section 15

15           Limitation Of Liability

15.1        The Company shall not be liable for any delay or failure to provide any Product(s) and/or Services agreed to be supplied under the Agreement caused by:

15.1.1         any act or omission of the Customer which is contrary to its obligations under the Agreement; and/or

15.1.2         any failures of any third parties to provide the Product(s) and/or the Services; and/or

15.1.3         any disruption to the Customer’s system which occurs while any Product(s) is being repaired or replaced.

15.2        Subject to clause 15.11 the Customer acknowledges that in the event that the Company recommends and/or selects Product(s) and/or Services in accordance with the Customer’s Information and the Customer Information is subsequently found to be inaccurate and/or not complete for any reason other than the Company’s negligence then the Customer acknowledges that the Company shall have no liability in respect of the suitability of the Product(s) and/or Services which have been selected by the Company in accordance with such Customer Information.

15.3        Subject to clause 15.11, it is expressly agreed that the Company shall not be liable to the Customer whether in contract, tort (including negligence), breach of statutory duty, or otherwise for loss of profit, or for any indirect or consequential loss or damage (whether for loss of profit, business, contracts, revenue, goodwill or anticipated savings) which arise under or in connection with the Agreement.

15.4        Subject to the clause 15.11, the Company's total liability to the Customer in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including a deliberate breach of the Agreement by the Company, its employees, agents or subcontractors shall not exceed £1,000,000.

15.5        In the event that any advice provided to the Customer by the Company was provided free of charge by the Company then such advice is provided as is without any warranty of any kind from the Company and shall have no liability in relation thereto.

15.6        The Customer acknowledges that the Company does not monitor or exercise any editorial control over information passing through WestermoConnect, and the Company therefore excludes all liability in regard to such information of whatever kind, including without limitation the accuracy of such contents, or scrambling of any information or data, except where the same is caused by the negligent act or omission of the Company and/or its employees, agents or sub-contractors in breach of the Agreement

15.7        The Company does not and cannot control the flow of data through WestermoConnect and other portions of the Internet or third party data carrier services. Such flow depends in large part on the performance of Internet services and circuits provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations in which the Customer connections to the Internet (or portions thereof) and WestermoConnect may be impaired or disrupted. It cannot be guaranteed that such situations will not occur and, accordingly, the Company excludes any and all liability resulting from or related to such events Provided That such liability is not caused by the act or omission of the Company and/or its employees, subcontractors or agents in breach of this Agreement.

15.8        In the event that Customer's use of WestermoConnect or interaction with the Internet or such third parties is causing harm to or threatens to cause harm to WestermoConnect or its operations, the Company shall have the right to suspend WestermoConnect. The Company shall restore WestermoConnect at such time as it reasonably deems that there is no further harm or threat of harm to WestermoConnect or its operations.

15.9        The Customer hereby agrees to afford the Company not less than 60 days (following notification thereof by the Customer) in which to remedy any event that may give rise to a claim under these Terms.

15.10        The Company shall not be liable for defects in Product(s) resulting from fair wear and tear, abnormal conditions of storage, of use or any act, neglect or default of the Customer or any third party.

15.11        Notwithstanding any other provision under these Terms or otherwise each party’s liability to the other for:

15.11.1         death or personal injury resulting from its own or its employees’, agents’ or sub-contractors’ negligence; and/or

15.11.2         any breach of its obligations implied by Section 12 of the Sale of Product(s) and Services Act 1979 or Section 2 of the Supply of Product(s) and Services Act 1982; and/or

15.11.3         in relation to any fraudulent misrepresentation or fraudulent acts of it employees

shall not be limited.

 

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