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On-site Hardware Warranty
WARRANTY COVERAGE
We, LiveAction (the trading name of LiveAction, Inc.), warrant that the hardware product (“Product”) you have purchased, shall be free from defects in materials and workmanship for the period of your On-site Hardware Warranty from the date of original purchase. This Hardware Warranty does not cover any software you may have purchased from LiveAction, which would be the subject of a separate license agreement. We will, at our option, either repair, replace or refund the price you have paid for the Product which has failed within the warranty period by reason of faulty design (other than any design made, furnished or specified by you) or faulty workmanship or defective materials.
OBTAINING WARRANTY SERVICE
In the event of Product failure, you must contact us within the warranty period in order to notify us of the failure and obtain a Return Material Authorization number for prompt return of the product for repair or replacement. When the failed component is determined, it will be ordered as soon as possible and support technician will replace the part at the site. This process might take few days depending on the availability of the failed parts. Parts will be shipped from the U.S.
a. It is your responsibility to back up the contents of any and all hard drives shipped to us for warranty service. We will not be responsible for damage to or loss of any programs, data or other information stored on any media.
b. If it is determined that the Product cannot be repaired or replaced, LiveAction may, at its sole discretion, refund the price of the Product.
c. Any replaced parts will be warranted for the remainder of the original warranty period.
d. If your Product needs to be shipped to LiveAction, the customer is responsible for that shipping. LiveAction will ship repaired or replacement product freight prepaid within the U.S.
e. If your Product is moved outside of the country purchased, LiveAction must be notified of the move immediately so that there will be no delay in obtaining onsite parts/labor.
EXCLUSIONS AND LIMITATIONS
This warranty covers only the hardware components packaged with the original LiveAction Product. Software, external devices, and accessories or parts added after the Product is shipped from LiveAction are not covered under this warranty. Damage occurring during the original shipment of LiveAction Product to you is not covered under this limited warranty. Damage due to external causes, including accident, abuse, misuse, problems with electrical power, servicing or modifications not authorized in writing by LiveAction, improper installation, usage not in accordance with product instructions and problems caused by use of parts and components not supplied by us is not covered under this limited warranty. No LiveAction agent, employee, or affiliate is authorized to make any modification, extension, or addition to this limited warranty.
IF THIS PRODUCT DOES NOT PERFORM AS DESCRIBED IN THE PRODUCT’S DOCUMENTATION OR IS OTHERWISE DEFECTIVE, WE SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGES, LOST PROFITS, REVENUE, ANTICIPATED SAVINGS OR ANY OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE OR INABILITY TO USE THIS PRODUCT. WE SHALL HAVE NO LIABILITY WHATSOEVER FOR OR AS A RESULT OF THE CONDITION OF THE PRODUCT OR ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE. Some states do not allow exclusions or limitations, so the above may not apply to you. This limited warranty gives you specific legal rights, and you may have other rights, which vary from state to state.
If, upon inspection, it is found that the returned Product is not defective within the terms of this limited warranty, you shall pay our standard repair charges to repair the Product including inspection costs and all transport and shipping costs associated with returning the Product to you. Any product or part supplied under this limited warranty may be new or reassembled or reconditioned from serviceable new and used parts. All defective Product or parts will become our property.
EXCEPT FOR THE EXPRESS WARRANTIES STATE ABOVE, LIVEACTION DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED STATUTORY OR OTHERWISE) RELATING TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE OR USAGE OF TRADE. IN ADDITION, THE REMEDIES SET FORTH ABOVE CONSTITUTES THE SOLE REMEDIES FOR YOU AND SOLE OBLIGATION OF US FOR BREACH OF WARRANTY OR OTHER CLAIM WITH RESPECT TO THE PRODUCT. YOU ACKNOWLEDGE THAT LIVEACTION HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATION OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
ADDITIONAL INFORMATION
Product Information: www.liveaction.com.
LiveAction Global Next Business Day (NBD)
Response Warranty Support Statement
Global NBD Response Warranty Includes
Direct telephone and email access to senior-level analysts for expedited troubleshooting of hardware issues. On-Site dispatch of service technician and/or warranty parts to Customer’s business location for repairs and resolution necessary due to a defect in materials or workmanship on the Supported System.
Support Procedures
Support Requests: Customer may submit the issue and a service request by contacting LiveAction technical support at https://www.liveaction.com/support/technical-support/.
Assist with phone/email-based Troubleshooting
When request is submitted, please include serial number of unit. Be prepared to identify any error messages received, how and when they occurred, and what activities preceded the error. Also be able to describe what steps have already been taken to solve the problem.
Analyst will go through a series of additional troubleshooting steps to help diagnose the issue.
If an on-site dispatch and parts replacement is necessary, the analyst will provide Customer with additional instructions.
An RMA (Return Merchandise Authorization) will be created and any defective parts will be replaced.
On-Site Support
The On-Site Support includes 24x7 next business day response with repair if parts are available. If parts are not available, the repair will take place the day after the parts arrive at the Customer location.
A service technician will be dispatched to the business location of the affected system. Customer will be contacted in advance to schedule the onsite visit.
On-site Response Time Restrictions/Special Terms
With Next Business Day On-Site Response Service following phone-based/Email troubleshooting, a technician can usually be dispatched to arrive onsite the next business day.
Available 5 days/week, 8 hours/day - excluding holidays.
Calls received 5:00 PM local Customer time (Monday - Friday) and/or dispatches made after that time may require an additional business day for service technician to arrive at the Customer’s location.
Following completion of remote troubleshooting and problem determination, the analyst will determine if the issue requires an on-site service technician and/or parts to be dispatched or if the issue can be resolved remotely over the phone.
Missed Service Visit: If Customer or Customer’s authorized representative is not at the location when the service technician arrives, the service technician cannot service the Supported System. The service technician will leave and customer will be notified and the next appointment will be scheduled. If this occurs, Customer may be charged an additional fee for a follow-up service call.
Software Troubleshooting
Support includes software troubleshooting for select applications and operating systems on Supported Systems over the telephone, or by transmission of software and other information through electronic means, or by shipping software and/or other information to Customer. Covered Software Products include core operating systems, which is installed and Supported by LiveAction.
Software Troubleshooting Does Not Include*
Any product version not currently supported or provided by the manufacturer.
Configuration, installation or optimization assistance.
Any on-site service.
Remote or on-site training assistance.
*LiveAction software maintenance covers Capture Engine Software maintenance and support.
Global NBD Response Warranty Does Not Include
LiveWire Edge hardware.
Accessories, supply items, operating supplies, peripherals or parts such as batteries, frames, and covers.
Media replacement for software LiveAction no longer ships with new systems.
Media replacement on non-LiveAction branded / manufactured software.
Hardware or software support for Customer Factory Integration (“CFI”) products.
Hardware or software support for non-LiveAction peripherals.
Preventative maintenance.
Installation, de-installation, or relocation services.
Direct third party product support.
Repairs necessitated by software problems, or as a result of alteration, adjustment, or repair by anyone other than LiveAction (or its authorized representatives).
Support for equipment damaged by misuse, accident, abuse of Supported System or components (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions), modification, unsuitable physical or operating environment, improper maintenance by Customer (or Customer’s agent), moving the Supported System, removal or alteration of equipment or parts identification labels, or failure caused by a product for which LiveAction is not responsible.
Support for damage resulting from an act of God such as, but not limited to, lightning, flooding, tornado, earthquakes, and hurricanes.
Any activities or services not expressly described in this Service Description. Please read this Service Description carefully and note that LiveAction reserves the right to change or modify any of the terms and conditions set forth in this Service Description at any time, and to determine whether and when any such changes apply to both existing and future Customers.