TTI Tracking Technology Inc. Product Warranty
TTI Tracking Technology Inc. (“TTI”) warrants the cameras and components listed below against defects in workmanship and
materials provided that such defects appear or are discovered within the respective periods specified below and
provided further that the purchaser of such products notifies Seon of such defects in writing within thirty (30) days of
the appearance or discovery of such defects:
One (1) years from date of purchase, parts and repair labor on all Cameras
One (1) years from date of purchase, parts and repair labor on mobile DVR Systems
One (1) years from date of purchase, parts and repair labor on all storage media
One (1) year from date of purchase, parts and repair labor on all other products and accessories
If TTI repairs any camera or component which is out of warranty TTI warrants such repaired cameras or components against defects in workmanship and materials provided that such defects appear or are discovered within 90 days from date of shipment of such repaired camera or component to customer by TTI and provided further that the purchaser of such products notifies Seon of such defects within thirty (30) days of the appearance or discovery of such defects.
Subject to the terms and conditions listed below, during the relevant warranty period, TTI will repair, replace, or refund the purchase price for the defective product, whichever TTI considers to be appropriate in the circumstances, in TTI’s sole and arbitrary opinion, free of charge, any defective products returned prepaid. In the event purchaser has a problem with any TTI product, please call and request a RETURN AUTHORIZATION (RA) NUMBER. Be sure to have the model number, serial number and the nature of the problem available for the customer service representative. Prior authorization MUST be obtained for all returns, exchanges, or credits. ITEMS SHIPPED TO TTI WITHOUT A CLEARLY IDENTIFIED RA NUMBER MAY BE REFUSED.
Products returned will be tested to verify for possible defects. Upon verification of a defect, the product will be repaired or exchanged, or the purchase price will be refunded or credited to the customer’s account, at the sole option of TTI. In the event of replacement, the returned product will be credited to the customer’s account and a new invoice issued for the replacement item. TTI reserves the right to refund the purchase price or to issue a credit only in lieu of replacement. TTI may use new or refurbished replacement parts for repairing its products, at its sole and arbitrary discretion. TTI may replace an entire unit with an equivalent model, at its sole and arbitrary discretion. If a unit is exchanged, the returned product shall become the property of TTI and the exchange product becomes the property of the purchaser, and the remainder of the warranty that applied to the original unit purchased shall apply to the exchanged product. Exchange units may be new units, or units that have been repaired to full factory specifications, at TTI’s discretion. If the product is found to be in good working order or its inability to function properly is not covered by this warranty, the product will be returned in the same condition as received unless repair is possible and requested by the customer. Repairs of such nature will incur a charge for parts and labor and will proceed only by agreement with the customer to accept the charge.
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repairs any camera or component which is out of warranty TTI warrants such repaired cameras or
If there is a defect in workmanship or materials covered by this warranty in a camera, recorder or component and customer notifies TTI of such within thirty (30) days of:
(a) the date of installation of such product if the installation of such product was done by TTI; or
(b) if TTI did not install the product, of the date of shipment of the product to the customer by TTI,
and the customer requests advance replacement of such product by TTI, TTI will replace such product without charge in advance of return of such product by customer to TTI provided that if customer has not returned the defective product to TTI within sixty (60) days of the date of shipment by TTI of the advance replacement then TTI will invoice the customer for the purchase price of the advance replacement product including shipping costs and any taxes, duties or other charges related to the advance replacement and the customer shall pay to TTI the amount invoiced within 30 days of receipt of invoice, or if the customer has a written agreement with TTI regarding credit terms, then the customer shall pay the amount invoiced in accordance with the agreed upon credit terms:
This warranty shall not apply:
(a) to equipment not supplied by TTI;
(b) to computer equipment supplied by TTI (such as monitors, printers, servers and laptops) not manufactured by TTI. The customer must contact original manufacturer of such equipment for warranty terms and service;
(c) to equipment, including, any components, which shall have been operated in excess of rated capacity, subject to negligence, accident, or damage by circumstances beyond TTI’s control, or to improper installation, operation, maintenance, servicing, alterations or storage, modification without TTIs written authorization, misuse, vandalism, fire, floods or acts of nature so as, in TTI’s exclusive and arbitrary judgment, to affect the same adversely;
(d) to equipment that is installed utilizing installation products not supplied by TTI;
(e) if the warranty seal on the DVR has been broken or tampered with;
(f) if the serial number for the product has been altered in any way; or
(g) if the product has been operated outside of the specified Operating Environment specified in the TTI User’s Manual for such product, or
(h) to cover any costs incurred by the customer for the removal of defective cameras or components or of non-defective cameras or components, or for the installation of repaired cameras or components or for the reinstallation of non-defective cameras or components, all of which are for the account of the customer.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEON EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY OR FITNESS FOR PURPOSE AND ANY WARRANTIES OR MODIFIED WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
Any description of the goods or services, whether in writing or made orally by TTI or TTI’s agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with customer’s order are for the sole purpose of identifying the goods and/or services and shall not be construed as an express warranty. Any suggestions by TTI or TTI’s agents regarding use, applications or suitability of the goods and/or services shall not be construed as an express warranty unless confirmed to be such in writing by TTI.
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Purchaser assumes full responsibility for selecting products to achieve purchaser’s intended purposes, for properly installing and using those products, and for verifying the results obtained therefrom.
PURCHASER’S EXCLUSIVE REMEDY AND TTI’S ENTIRE LIABILITY ARISING FROM OR IN CONNECTION WITH PURCHASER’S USE OF THE PRODUCTS AND/OR THIS AGREEMENT SHALL BE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS, OR REFUND OR CREDIT OF THE PURCHASE PRICE OF THE PRODUCTS AS SET FORTH ABOVE. SEON SHALL NOT BE SUBJECT TO AND DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY; (B) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE, AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO GOODS SOLD OR SERVICES RENDERED BY SEON, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO; AND (C) ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL AND CONTINGENT DAMAGES WHATSOEVER, EVEN IF SEON HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, TTI specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of goods or any associated equipment, cost of capital, cost of substitute goods, facilities or services, down-time, shut-down or slow- down costs, or for any other types of economic loss, and for claims of customer’s customers or any third party for any such damages. Some jurisdictions do not allow limitation or exclusion of incidental or consequential damages, so this limitation or exclusion may not apply to purchaser. In no event shall TTI’s total liability for any damages to purchaser or any other person in connection with the products or this agreement exceed the lower of the suggested list price or the actual price paid for the products, regardless of whether such liability arises from contract, tort, warranty or any other form of claim. If any provision of this agreement is found to be void, invalid, or unenforceable, that finding shall not affect the remaining provisions, all of which shall be enforced to the full extent permitted by law. If any remedy hereunder is determined to have failed of its essential purpose, the limitations of liability and exclusion of damages set forth above shall remain in full force and effect. This agreement may be modified only by a writing signed by a duly authorized representative of TTI.
Provisions Applicable to American Customers
For those customers whose mailing address is in the United States, TTI’s offer and any agreement of sale resulting therefrom shall be governed by and construed in accordance with the internal and domestic laws of the State of WASHINGTON without giving effect to the conflict of laws rules thereof. The Superior Court of Washington for Whatcom County and U.S. District Court for the Western District of Washington (the “U.S. Closed Courts”) shall have exclusive jurisdiction to entertain and determine all disputes and claims, whether for specific performance, injunction, declaration or otherwise arising out of or in any way connected with the construction, breach, or alleged, threatened or anticipated breach of the contract resulting from this offer and shall have jurisdiction to hear and determine all questions as to the validity, existence or enforceability thereof. Customer specifically consents to such Court’s exercise of jurisdiction over it. The purchaser attorns to the exclusive jurisdictions of the jurisdiction of the U.S. Closed Courts, waives any obligation to venue in any action or proceeding regarding Seon Products and waives any objection that the U.S. Closed Courts are an inconvenient forum or do not have jurisdiction over the purchaser of TTI. The United Nations Convention On Contracts For The International Sale Of Goods shall not apply.
Provisions Applicable to Canadian Customers
For those customers whose mailing address is in Canada, TTI’s offer and any agreement of sale resulting therefrom shall be governed by and construed in accordance with the internal and domestic laws of the Province of BRITISH COLUMBIA and the laws of Canada applicable therein without giving effect to the conflict of laws rules thereof. The courts of British Columbia (the “Canadian Closed Courts”) shall have exclusive jurisdiction to entertain and determine all disputes and claims, whether for specific performance, injunction, declaration or otherwise arising out of or in any way connected with the construction, breach, or alleged, threatened or anticipated breach of the contract resulting from this offer and shall have jurisdiction to hear and determine all questions as to the validity, existence or enforceability thereof. The purchaser attorns to the exclusive jurisdictions of the jurisdiction of the Canadian Closed Courts, waives any obligation to venue in any action or proceeding regarding TTI Products and waives any objection that the Canadian Closed Courts are an inconvenient forum or do not have jurisdiction over the
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purchaser of TTI. The United Nations Convention On Contracts For The International Sale Of Goods shall not apply.
The information contained herein is subject to change without notice.
Extended Warranty for Certain Products
The following extended warranty (“Extended Warranty”) provisions apply to products (“Extended Warranty Products”) in respect of which the customer has purchased the Extended Warranty as a separate product from TTI. If any provisions of the Extended Warranty conflict or are inconsistent with the provisions of the basic warranty set forth above, the provisions of the Extended Warranty shall govern.
TTI warrants the Extended Warranty Products against defects in workmanship and materials provided that such defects appear or are discovered within the extended warranty period set forth in the applicable warranty purchased by the customer and provided further that the purchaser of such products notifies TTI of such defects within 30 days of the appearance or discovery of such defects.
Under the Extended Warranty:
(a) TTI will provide repairs to the Extended Warranty Product at no extra charge during the Extended Warranty period;
(b) normal wear and tear IS covered, including replacement of hard drives if necessary;
(c) the parts and repair labor required to complete all warranted repairs are included;
(d) TTI will arrange and pay the cost of ground freight between customer’s location and the TTI U.S.A. service facility (or such other location) as is designated by TTI in the relevant Return Material Authorization issued by TTI in respect of such Extended Warranty Product; and
(e) TTI will pay freight, brokerage and duty costs to bring the goods to Canada, if required, in the sole and arbitrary opinion of Seon.
In addition to the telephone numbers provided above for reporting a warranty matter, purchasers of Extended Warranty products may report warranty matters by e-mail to TTI at: [email protected]
The purchaser reporting an Extended Warranty issue may request TTI to arrange for pick-up of the Extended Warranty Products and shall provide information as to the number of parcels and shall request a RETURN AUTHORIZATION (RA) NUMBER.
TTI will only be responsible for the cost of ground freight. Any additional costs for express modes of freight will be paid by the purchaser of the Extended Warranty Product. Advance replacements will not be provided.
A renewal or extension of the Extended Warranty is not automatic and will only be offered at the sole discretion of Seon and must be verified by TTI in writing.
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