Warranty

Statutory warranty

Every TSHX Service and installed products comes with guarantees that cannot be excluded under the Australian Consumer Law. Buyers are entitled to a replacement or refund for major failure and compensation for any other reasonably foreseeable loss or damage. Buyers are also entitled to have the goods repaired or replaced should the goods fail to be of acceptable quality and the failure does not amount to a major failure.

1. Limited warranty

In addition to buyers’ rights and remedies under the Australian Consumer Law, every TSHX Installed product is backed by a limited warranty.
Subject to the limitations and exclusions below, TSHX Technology Pty Ltd (“TSHX”) warrants to the end user customer (“Customer”) of each new TSHX installed & configured feature, TSHX Products & TSHX Supplied Products (“TSHX Products”) that such TSHX Products, when used in accordance with the documentation furnished by TSHX, will be free in all material respects of defects in materials and workmanship under normal use (“Limited Warranty”) for a period of twelve months from the date that the applicable TSHX Service was installed by TSHX (“Service Warranty Period”).

2. Exclusions

This Limited Warranty does not cover, and TSHX and its suppliers are not responsible for:
(a) damage, malfunction, or in operability caused by

(i) shipping or arising from Customer opening the TSHX Product;
(ii) use with non-TSHX approved or supplied products or software;
(iii) operation or storage of the TSHX supplied Product outside of the environmental specifications;
(iv) accident, abuse, neglect, flood, fire, earthquake, electrical surges or other external causes;
(v) misuse or operating the TSHX Product outside the permitted or intended uses provided in the Documentation;
(vi) use of incorrect voltage lines, fuses, circuit breakers, or incompatible load types;
(vii) failure to install, maintain or repair the TSHX Product in accordance with the Documentation and the applicable provisions of law for the jurisdiction where the TSHX Product is being installed, including installation, maintenance, repairs or service performed by anyone other than a TSHX Authorized Dealer (“Dealer”), their representative or a TSHX representative;
(viii) a product, part or software that has been modified to alter functionality or capability without the express written permission of TSHX;
(ix) consumable parts (if any), unless damage occurred due to a defect in materials or workmanship in the TSHX Product;
(x) cosmetic damage, including, but not limited to, scratches, dents and normal wear and tear; and
(xi) TSHX supplied Product in which the serial number has been removed or defaced;

(b) any on-site labour costs pursuant to the diagnosis, removal, repair, reinstallation, and/or reprograming of the TSHX Product;
(c) any non-TSHX hardware, batteries or software product (manufacturers, suppliers, or publishers, other than TSHX, may provide their own warranties to Customer for their products, but TSHX, insofar as permitted by law, provides non-TSHX products only “AS IS”); and
(d) the cost of repairing or replacing, or compensation for, any property that is damaged when a TSHX Product does not work properly, even if the damage was caused by a TSHX Product.
(e) For all TSHX supplied product (but not manufactured by TSHX), original manufacturer’s warranty policy (& exclusion rules) will apply in addition to this policy.

3. Customer’s obligation to maintain limited warranty

This Limited Warranty shall be void for all TSHX Products or TSHX Supplied Products that are installed, maintained, serviced, or repaired by anyone other than a Dealer, their representative or a TSHX representative.

4. Obtaining warranty service

In order to obtain warranty service, Customer must submit a valid claim to TSHX. To submit a valid claim a Customer must satisfy the following requirements: (a) provide written notice that describes the location and nature of the non-conformity (“Notice”); (b) provide such Notice (i) within the Hardware Warranty Period, and (ii) within thirty (30) days of discovery of the non-conformity; (c) get a Return Merchandise Authorization (“RMA”) number, if applicable, which is obtained from TSHX’s Customer Service Department (d) mail the defective Product to TSHX within thirty (30) from the date the RMA was issued (RMA numbers are cancelled if the TSHX Product is not received within the thirty (30) day period), (ii) with the RMA number clearly marked on the outside of each box being sent to TSHX. Any shipment that does not meet all of the valid claim requirements will be refused by TSHX. TSHX is not responsible for any refused shipments or any damage caused due to shipping, whether or not it was a valid claim. Compliance with these requirements is a condition to coverage under this Limited Warranty.
Upon receipt of a Valid Claim, TSHX will, at its option and to the extent permitted by law, either (a) repair the Product Hardware defect, at no charge, using new or refurbished replacement parts, (b) exchange the applicable TSHX Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the TSHX Product, or (c) refund the TSHX Product purchase price paid by Customer. A replacement product or part that has been installed by TSHX assumes the remaining warranty of the original Product Hardware or ninety (90) days from the date of replacement or repair, whichever provides longer coverage to Customer. When a product or part is exchanged, any replacement item becomes Customer’s property, and the replaced item becomes TSHX’s property. When a refund is given, the TSHX Product for which the refund is provided must be returned to TSHX, and it becomes TSHX’s property.

5. Backup

Before Customer delivers the TSHX Product for warranty service, it is Customer’s responsibility to keep a separate backup copy of the contents and disable any security passwords (if any). THE CONTENTS OF CUSTOMER’S TSHX PRODUCT MAY BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. The TSHX Product will be returned to Customer configured as originally purchased, subject to applicable updates. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.

6. Disclaimer

EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND TSHX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. TSHX DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY. IN NO EVENT WILL TSHX OR ANY OF ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO A BREACH OF THIS LIMITED WARRANTY OR CUSTOMERR OPERATION OR USE OF THE TSHX PRODUCTS THROUGH CUSTOMER’S ACCOUNT OR BY ANYONE ELSE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, OR BUSINESS INTERRUPTION, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST CUSTOMER BY ANY THIRD PERSON, EVEN IF TSHX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY TSHX TO PERFORM ITS OBLIGATIONS UNDER THIS LIMITED WARRANTY DUE TO ANY CAUSE BEYOND TSHX’S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST TSHX MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. TSHX does not represent or warrant that product information will be available, accurate, or reliable. Customer uses all applicable product information, services, and the TSHX Product at Customer’s discretion and risk. Customer will be solely responsible for any and all loss, liability, or damages, including Customer’s appliances, plumbing, home, computer, mobile device, and all other items in Customer’s residence or commercial property, resulting from Customer’s use of the TSHX Products, product information, or services, even if the damage was caused by TSHX Product.

7. Not-intended-use disclaimer

TSHX PRODUCTS ARE NOT INTENDED OR LICENSED FOR AND TSHX SPECIFICALLY DISCLAIMS LIABILITY FOR USE OF THE TSHX PRODUCTS IN CRITICAL CONTROL, ON-LINE CONTROL EQUIPMENT, HAZARDOUS, HIGH RISK OR FAIL-SAFE ACTIVITY SUCH AS IN THE OPERATION OF DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

8. Limitation of tshx’s liability

NOTWITHSTANDING ANY OTHER PROVISION OF THIS LIMITED WARRANTY, TSHX’S AND ITS SUPPLIERS’ LIABILITIES UNDER THIS LIMITED WARRANTY TO CUSTOMER OR TO THIRD PARTIES, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNTS ACTUALLY RECEIVED BY TSHX FOR THE APPLICABLE TSHX PRODUCTS IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE ACTION GIVING RISE TO THE CLAIM. CUSTOMER UNDERSTAND THAT THESE LIMITATIONS OF TSHX’S AND ITS SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS LIMITED WARRANTY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every Customer. Additionally, this provision is not intended to limit TSHX’s liability in the event of TSHX’s wilful or intentional misconduct.

9. General

This Limited Warranty will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Utah, without reference to its choice of law rules. TSHX and Customer expressly consents and submits to the exclusive jurisdiction of the state and federal district courts located in Salt Lake City, Utah. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Limited Warranty. If any provision of this Limited Warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be partially enforced to the maximum extent permitted by law to effectuate the purposes of this Limited Warranty. Any of the provisions of this Limited Warranty may be waived by the party entitled to the benefit thereof. This Limited Warranty gives Customer specific legal rights and Customer may also have other rights which vary from state to state.

10. Modifications to this limited warranty

NO RESELLER, VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY TSHX TO MODIFY THIS LIMITED WARRANTY OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE WARRANTIES, REPRESENTATIONS OR PROMISES EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY.