Global Hardware Warranty Terms & Conditions
These terms and conditions and any dispute arising under or which is related to these terms and conditions will be governed by United States law and you consent to the exclusive jurisdiction of the courts of United States.
- Accredited Installer or Certified Installer means an installer who has passed the criteria for accreditation as determined by iDesign to install the Products or parts and such criteria may be revised from time to time in iDesign’s sole discretion.
- Advanced Replacement means on determining the Defective Product and if the fault cannot be rectified by a suitably competent person at Customer Location and once determined as required, iDesign will ship at iDesign’s expense a replacement part / Product to the Customer in advance of requesting the Defective Product back. The Customer must de-install the Defective Product, package and ship to iDesign within 30 days of receipt of the replacement part or Product. De-installation, re-installation / replacement of part or Product will be at the Customer’s own expense.
- Channel Partner means an authorized distributor, reseller, business partner or partner of iDesign. From time to time iDesign itself will be acting as a Channel and this definition covers these instances as well.
- Consumables means disposable items, parts or components of a Product which are inherently subject to deterioration and wear out during the normal operation of a Product.
- Customer means the first purchaser of the Product registered in iDesign’s Global Installation Database (“GID”) or End-User Registration Service (“EUR”) or the legal entity which purchases the Product not for the purpose of reselling or selling to another party.
- Customer Location means the address of the location of the Product or part on shipping address or first installation as evidenced by iDesign’s GID or EUR.
- Date of Installation means the date of installation of Products as recorded on the GID or EUR and which may need to be proven to iDesign by Customers from time to time. In the case of indeterminable date of installation, iDesign, reserves the right to record and set this date as the date of shipment delivery signature from iDesign to the Customer or the Channel Partner as the case may be.
- Date of Purchase means the date on the paid invoice purchase order of the Product or part provided by the iDesign to the Customer.
- Date of Registration means the date recorded in iDesign’s GID or EUR when mandatory information has been correctly provided by Registrar and the registration is confirmed as submitted to iDesign.
- Defective Product means a Product or component part of a Product which is defective during the Warranty Term. “End-User Registration” or “EUR” means the online mechanism which iDesign provides for representatives of organizations to record the installation of Product(s) and the activation of Enhanced Warranty /Enhanced Warranties at a Customer Location. Availability of the EUR may be restricted or made available in certain territories at iDesign’s sole discretion. Where the EUR is not available, the Global Installation Database or “GID” is the alternative method which must be used to register Products or activate Enhanced Warranties. The EUR may have varying capabilities and allow varying entitlements depending on the territory for which it is made available.
- Enhanced Warranty / Enhanced Warranties means Warranty Service Levels and Warranty Terms provided as part of iDesign MultiCare Plus which is purchased by the Customer to extend the Warranty Term or improve the Warranty Service Level from the Standard Warranty or iDesign MiltiCare Plus.
- Enhanced Warranty / Enhanced Warranties Activation means the process whereby the Customer must register the Product to which they wish the Enhanced Warranty to apply and to then enter the Enhanced Warranty Activation Code against that Product. In instances where the Product is already registered, the Customer must enter the Enhanced Warranty Activation Code against that Product.
- Enhanced Warranty Activation Code means the sequence of numbers provided on the iDesign Enhanced Warranty Activation card which must be entered correctly against the registered Product to which the Customer wishes the Enhanced Warranty to apply. “First-Use” means the first attempt to activate / utilize the Product which will be determined as the date of installation as recorded on the GID when the Product is registered by a Certified Installer or Accredited Installer. In the case of nonregistered installations, installations completed by a non-Certified or Non Accredited Installer or in the case of Products which cannot be registered, First-use will be deemed to have taken place within 10 days from the date of installation or purchase of the Product, proof of which will be required to enact this provision.
- Global Installation Database or “GID” means the online mechanism which iDesign provides for Certified Installers, Accredited Installers and Registered Installers to record the installation of Product (s) and the activation of Enhanced Warranty /Enhanced Warranties at a Customer Location. Availability of the GID may be restricted or made available in certain territories at iDesign’s sole discretion. Where the GID is not available, the End User Registration or “EUR” is the alternative method which must be used to register Products or activate Enhanced Warranties. The GID may have varying capabilities and allow varying entitlements depending on the territory for which it is made available.
- On-site Support Services means on determining the fault, assuming the fault cannot be rectified by a suitably competent person at Customer Location and once determined as required, iDesign will arrange for a PSP to attend at the site to repair or replace the Defective Product.
- Local AV Technician means a qualified AV repair specialist in your area that can diagnose and repair a machine to provide a more cost effective solution for the Customer, then having an iDesign tech travel to the location.
- Product(s) means all iDesign hardware Products sold to the Customer by iDesign, or by a Channel Partner.
- iDesign or Interactive Design Cafe means iDesign Cafe, LLC.
- Registrar means the entity or individual who is completing a Product registration or Enhanced Warranty Activation on behalf of the Customer with the Customer’s prior approval. It is possible in certain instances for the Registrar and the Customer to be one and the same.
- Registered Installer means an installer that has been provided access to the GID by iDesign but has not completed the iDesign certification or accreditation process and therefore although they are able to access the GID they are neither Certified nor Accredited.
- Return for Repair or “RFR” means on determining the Defective Product, and if the fault cannot be rectified by a suitably competent person at Customer Location and once determined as required, iDesign may advise the Customer to de-install the Defective Product, appropriately package it for transit and ship back at the Customer’s own expense to iDesign for repair or replacement. Following receipt and inspection by iDesign, iDesign will then send a replacement part or Product to the customer at iDesign’s expense but re-installation of the replacement part or Product will be at the Customer’s own expense.
- Warranty or Warranties means one of the following offered by iDesign: the Standard Warranty, the iDesign MultiCare Plus Warranty, as referenced herein.
- Warranty Service Level means the various levels of service which iDesign provides as part of their Standard Warranty, IDesign MultiCare Plus warranties (as outlined in “iDesign Warranties” below) and will refer to Return for Repair or Advanced Replacement or On-Site Support services as outlined in the section entitled “Warranty Service Levels” below . It may also include any other warranty services iDesign may offer from time to time to provide for warranty related repairs or replacements.
- Warranty Start Date means the date when the Warranty Term commences and is defined as follows: In the case of Standard Warranty the Warranty Start Date for the Warranty Term will be from the Date of Delivery of the Product by a Customer from a iDesign Channel Partner.
In the case of Enhanced Warranty / Enhanced Warranties under iDesign MultiCare Plus the Warranty Start Date for the Warranty Term will be from the Date of Installation of the Product against which the Enhanced Warranty is being activated assuming the activation takes place within 60 days of installation of the Product.
If activation is attempted after 60 days of installation, the activation will not be viewed as complete and the relevant Standard Warranty of the Product / Products will apply.
- Warranty Term means the period of time within which a warranty claim can be made for a Product and its component parts (except Consumables) starting from the Warranty Start Date and lasting the length of the Warranty Term. The Warranty Term will vary according to the type of Product and the type of Warranty attached to that Product to which a claim relates. In the case of registered Products under iDesign MultiCare Plus, the Warranty Start Date will be from the Date of Installation as correctly recorded within the EUR or GID.
GENERAL PROVISIONS APPLICABLE TO ALL WARRANTIES HEREIN
A. Overview of iDesign Warranties: iDesign offers 2 types of warranties depending on whether you have registered your Products and if you have purchased an Enhanced Warranty.
1. iDesign Standard Warranty. iDesign Standard Warranty applies to all Products. This warranty provides a 1 year Warranty Term from the Warranty Start Date. Under the Standard Warranty all Products receive the Return for Repair Warranty Service Level as outlined in the Warranty Service Level section. The Standard Warranty is subject to all of the terms and conditions herein with the exception of those that apply specifically to the MultiCare Plus Warranty.
2. iDesign MultiCare Plus Warranty. iDesign also offers an Enhanced Warranty referred to as the iDesign MultiCare Plus Warrany which can be purchased by customers to improve both the Warranty Service Level and Warranty Term that Products are entitled to. iDesign MultiCare Plus warranty is subject to the Standard Terms & Conditions, iDesign MultiCare Terms & Conditions and those Terms & Conditions outlined herein as iDesign MultiCare Plus Terms & Conditions.
B. Statutory Rights and Restrictions
FOR PERSONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS OF THESE WARRANTIES ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH CONSUMER PROTECTION LAWS AND REGULATIONS MAY BE LIMITED, IDESIGN’S LIABILITY IS SO LIMITED, AT ITS SOLE DISCRETION TO REPLACEMENT OR REPAIR OF THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE WARRANTIES AND THE REMEDIES SET FORTH IN THIS DOCUMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES AND CONDITIONS WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. IDESIGN SPECIFICALLY DISCLAIMS ALL AND ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IN SO FAR AS IDESIGN CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW THEN TO THE EXTENT POSSIBLE ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES WILL END ON THE EXPIRATION OF THE APPLICABLE WARRANTY TERM. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). THESE LIMITED WARRANTIES ARE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE UNITED STATES.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDESIGN IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF A BREACH OF ANY WARRANTY OR CONDITION OR TERM BY IDESIGN, WHETHER IN TORT, CONTRACT (INCLUDING NEGLIGENCE), EQUITY OR ANY OTHER LEGAL THEORY WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE TO DATA, LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF REPUTATION. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL OR GROSS NEGLIGENT ACTS AND OR OMISSIONS. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IDESIGN’S TOTAL LIABILITY WITH RESPECT TO A DISPUTE REGARDING A WARRANTY ENTITLEMENT SHALL BE LIMITED TO REIMBURSEMENT OF THE COSTS PAID BY THE CUSTOMER FOR ANY ENHANCED WARRANTIES AND PROVISION OF SERVICES WILL BE ACCORDING TO THE APPLICABLE STANDARD WARRANTY WHICH IS SUBJECT TO THE STANDARD WARRANTY TERMS AND CONDITIONS OUTLINED HEREIN.
D. Entire Agreement
This document sets out the entire agreement relating to the terms and conditions of the Warranties and supersedes any vendor agreements, arrangements or representations regarding the Product including any representations made in iDesign sales literature or advice given to you by iDesign or any employee of iDesign or any reseller, business partner, partner or distributor of iDesign. No reseller, business partner, partner or distributor of iDesign is authorized to make or agree any modification, extension, addition or variation to the terms and conditions of and of the Warranties nor to offer any other remedy (including but not limited to the offer of a refund) for or on behalf of iDesign. No change may be made to these Warranties unless made in writing made by an authorized officer of iDesign.
If any provision of these iDesign Warranties is held invalid, illegal or unenforceable by any reason by any court of competent jurisdiction, such provision shall be severed without effect to the remaining provisions. If a provision of these Warranties that is fundamental to the accomplishment of the purpose of these Warranties is held to any extent to be invalid, the Customer and iDesign shall immediately commence good faith negotiations to remedy that invalidity.
F. Warranty Exclusions
For the avoidance of doubt no warranty is provided by iDesign on the following Products under the following circumstances:
1. Products that have not been purchased by the Customer from a recognized Channel Partner, or iDesign;
2. Products that have been modified, used as component parts of other products be they iDesign or otherwise
3. Products used other than in accordance with the Product instructions;
4. Products deliberately or accidentally damaged, howsoever caused including but not limited to damage, faults or loss caused by fire, natural disasters, war, acts of violence or riots, the relocation of equipment, loss, faults or damage to Products in transit, the misuse or abuse of Products, loss, faults or damage to Products caused in whole or part by power failures or fluctuations in power supplies, loss, faults or damage to Product caused in whole or in part by extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference;
5. Products deliberately or accidentally damaged, howsoever caused including but not limited to damage, faults or loss caused by any substandard installation or repair completed by any installer including a Certified Installer, an Accredited Installer, PSP or suitably competent third party provider.
6. Products deliberately or accidentally damaged howsoever caused including but not limited to a cleaning regime not in accordance with the cleaning and maintenance instructions supplied by iDesign available from iDesign websites or the application of inappropriate cleaning materials, solvents or abrasives;
7. Items such as brackets and fittings which are provided “as-is” and which may be included in the packaging and which may be utilized for the affixing of a warranted Product;
8. Consumables including but not limited to batteries, fuses,
connectors, trims, buttons, cables, power supply units and pen nibs;
9. Products damaged as a result of their use with non-iDesign products or applications such as laptops or
10. Installation exclusions as outlined in Section VIII.
11. iDesign will not be held liable for any instances where a Channel Partner has misrepresented the terms or levels of service of any warranties provided by iDesign over its Products. The Customer is responsible for understanding the relevant terms and conditions that apply to any and all Enhanced Warranties prior to purchase.
TERMS & CONDITIONS
Subject to all of the provisions set forth in these terms and conditions (with the exception of those terms and conditions that are specifically regarding the MultiCare Plus Warranty and the Warranty Service Level provisions that apply only to that Warranty), iDesign warrants to the Customer that the Products are in conformance with the applicable iDesign published specifications current at the time of their manufacture and will be free from defects in material or workmanship under normal operating conditions during the Warranty Term subject to the terms of this document. The Standard Warranty applies only to the Customer who has made a purchase of the Product as evidenced by an appropriate invoice. No transfer or assignment of the Standard Warranty is permitted.
IDESIGN MULTICARE PLUS
TERMS & CONDITIONS
iDesign MultiCare Plus Warranties are Enhanced Warranties which can be purchased by customers to improve both the Warranty Service Level and Warranty Term that Products are entitled to. iDesign MultiCare Plus warranties are subject to the Standard Terms & Conditions, iDesign MultiCare Terms & Conditions and those Terms & Conditions outlined herein as iDesign MultiCare Plus Terms & Conditions.
A. Purchasable Enhanced Warranties are non-transferrable between Products or Customers or Customer Locations.
B. Enhanced Warranties must be properly activated by following the Terms and Conditions for Registration of Products and Activation of Warranties which may be found here. The Terms and Conditions for Registration of Products and Activation of Warranties are incorporated herein by this referenced and made a part of these warranty terms and conditions. iDesign reserves the right to deny, reject or remove any registrations or warranty activations which are completed in contravention to the Terms and Conditions for Registration of Products and Activation of Warranties.
C. Purchasable Enhanced Warranties only apply to the Customer Location(s) where the Products have been registered and where the Enhanced Warranties have been activated and to the specific Product serial number/s against which they have been registered / activated. For the avoidance of doubt the purchase and activation of an Enhanced Warranty for one Product at a Customer Location does not apply to a different Product at that Customer Location or any other location.
D. Enhanced Warranty Terms & Conditions apply to the Products according to where they have been registered as installed. As such if an Enhanced Warranty is purchased in a territory which is different to the territory in which the Product is installed the relevant Terms & Conditions which apply in the territory where the Product is installed will apply and not those Terms & Conditions applicable where the Enhanced Warranty was purchased.
E. Enhanced Warranty Terms and Service Levels apply to boards and / or projectors except in the case of the Enhanced Warranties or Promotional Activity which specify inclusion of the stand, in which instance this will only apply to adjustable and mobile stands unless specifically stated otherwise by iDesign.
F. In order for a stand to be serviced under an Enhanced Warranty, it must be attached to a validly registered board or projector via the GID or EUR.
G. In the case of stands which are included within Enhanced Warranties or Promotional Activity Terms & Conditions, the warranty will be limited to apply to the actuator only, except in instances where at iDesign’s sole discretion, it may opt to replace the entire stand as a result of any faults occurring with other parts for which it does not carry spare parts.
H. Enhanced Warranties may be refundable through a reseller according to the reseller’s terms & conditions (and Customer is responsible for understanding what those terms are) assuming no warranty claim has been made against the Enhanced Warranty at the time of the refund being requested. The maximum period that iDesign will honour any refunds to reseller or those made by a reseller to a Customer, is 30 days from date of purchase.
I. Enhanced Warranty Terms will start as outlined in the Warranty Start Date definition and from the relevant date as recorded via the GID or EUR and not from the Date of Purchase. For the avoidance of doubt, purchase of an Enhanced warranty must be completed with 90 days of installation of Product and Activation of an Enhanced Warranty must be completed within 90 days of purchase of the Enhanced Warranty.
J. Enhanced Warranties such as 1 year extensions offered under a specific Promotional Activity can only be bought at the time of purchase of the related Product and cannot be purchased at any point later in time even if the Promotional Activity is still being offered.
K. Enhanced warranties can only be purchased once for a particular Product or Product configuration and therefore after the initial Enhanced Warranty period no further enhancements can be purchased unless offered within the terms of Promotional Activity which iDesign may offer from time to time for which separate terms and conditions may apply.
L. Customers can opt to upgrade or downgrade their Warranty Service Level from one level to another within 30 days of purchase of the original warranty enhancement assuming no warranty claim has been made.
M. Purchase of an Enhanced Warranty improves the warranty entitlement to the next level of service i.e. from Return for Repair, to Advanced Replacement to On Site Support and the higher level of service supersedes and replaces the previous level of service. For the avoidance of doubt, two enhanced warranties cannot exist simultaneously on the same Product and therefore, in the case of a dispute the Customer will be offered the choice of which entitlement they would prefer (assuming the entitlements exist within the Warranty Terms) with a refund offered on the remainder Enhanced Warranty assuming no claim has been made on either of the Enhanced Warranties in dispute.
N. Enhanced Warranties which have been purchased or activated and / or those extensions provided at iDesign’s discretion as a result of Product / s being registered may be deemed invalid if in the instance of a warranty claim being made or investigated it is established that the installation was completed by a non Certified Installer or non Accredited Installer or an insufficiently competent technician and was the direct or indirect cause of the fault in the Defective Product for which the warranty claim is being made.
WARRANTY SERVICE LEVELS
iDesign provides various levels of service depending on which of the two Warranties (Standard Warranty and iDesign MultiCare Plus Warranty) applies to the Product. The levels of service are Return for Repair, Advanced Replacement, or On-Site Support service. A. Return for Repair. iDesign offers Return for Repair as its basic Warranty Service Level. Under Return for Repair the Customer is responsible for contacting iDesign who will complete a diagnosis of the problem over the phone, computer or via email.
1. On determining the Defective Product, and if the fault cannot be rectified by a suitably competent person at Customer Location and once determined as required, iDesign may advise the Customer to arrange for the Defective Product to be de-installed, appropriately package it for transit and ship back at the Customer’s own expense to iDesign for repair or replacement. Tracking of the Product’s transit from Customer to iDesign is the Customer’s responsibility and it is suggested that a suitable shipper with tracking services be utilized. Following receipt and inspection by iDesign, iDesign will then send a replacement part or Product to the customer at iDesign’s expense but re-installation of the replacement part or Product will be at the Customer’s own expense. iDesign will notify the Customer at the point of resolving the warranty claim where the Product needs to be returned.
2. De-installation of the Defective Product must be completed by an iDesign Service Provider, Certified Installer, Accredited Installer or suitably competent third party provider as must the removal / replacement / re-installation of any component parts or Products. Failures occurring as a result of incorrect removal / replacement / re-installation of parts or Products will not be covered under any of iDesign’s warranty terms.
B. Advanced Replacement. Under iDesign’s MultiCare Plus Warranty, iDesign offers an Advanced Replacement warranty service. Under Advanced Replacement the Customer is responsible for contacting iDesign who will complete a diagnosis of the problem over the phone, computer or via email.
1. In the case of Advanced Replacement Warranty Service, on determining the Defective Product and if the fault cannot be rectified by a suitably competent person at Customer Location and once determined as required, iDesign will ship at iDesign’s expense a replacement part / Product to the Customer in advance of requesting the Defective Product back. With the replacement Product iDesign will include a free return shipment label for use by the Customer. The Customer must arrange for the de-installation of the Defective Product, package and ship to iDesign within 30 days of receipt of the replacement part or Product. Deinstallation, re-installation / replacement of part or Product will be at the Customer’s own expense. iDesign will notify the Customer at the point of resolving the warranty claim where the Product needs to be returned. If the customer requests for iDesign to go to the customers location to remove and replace the damaged part, iDesign will send technician but charge a fee for cost of airfare to customers location and lodging expense during the time of service.
2. If the Defective Product is not received by iDesign within 30 days of the replacement part / Product being recorded by iDesign as being delivered to the Customer, iDesign reserves the right to charge the Customer by invoice for the price of the replacement part / Product, shipping charges and any other incidentals accrued in the provision of the part which the Customer agrees to pay. Price of part or Product will be determined by iDesign at the time of shipment but will be based on a calculation including the market retail price rate for the same / similar Product or part.
Replacements will be of equal caliber to the faulty Product / part or better but may be fully functional refurbished / repaired parts or Products. Where the replacement Product / part is not a direct like for like replacement iDesign will be responsible for covering any Product related expenses to ensure the Product / part is fully functioning to the level it was before the fault occurred.
iDesign reserves the right to charge for any services it delivers in servicing a claim which contravene any of these Terms & Conditions and Customer will be notified at the time of the service being booked / ordered if a charge is likely to apply. If at a later date iDesign establishes it has serviced a claim which in actuality was in contravention of the applicable Terms & Conditions, iDesign reserves the right to invoice Customer for parts, Products, labor, or other expenses incurred in servicing the claim. Failure to pay the invoice could lead to iDesign refusing to service any future claims from the Customer until such time as the invoice is paid.
Dead on Arrival Provision for Customers.
If in the unlikely event, at First-Use at a Customer Location within 10 days of delivery of an iDesign Product, the Product is identified by iDesign (through a remote diagnostics process by iDesign Customer Services) as non-functional, iDesign will replace the Defective Product according to the Advanced Replacement process outlined in the Warranty Service Level section. If the First-Use of the Product at a Customer Location for whatever reason occurs after the period of 10 days from delivery of the Product, Customer must make a Claim with iDesign within the next 30 days (30 day period) to be entitled to receive the iDesign Standard Warranty (RFR) terms in force at the date of delivery of the Product from iDesign.