1. Warranty Start Date
"Warranty Start Date" as used in this policy means
The date on which the product is shipped from CaudalFin.
In the case of resale by an authorized CaudalFin channel partner, the date should not be more than (90) days after original shipment of this product by CaudalFin.
In the case of a pass through warranty to an End-User (Purchase of the product by end user for his own personal use) made with respect to an OEM Agreement between CaudalFin and another party, the date should not be more than ninety (90) days after original shipment of this product by CaudalFin to the other party executing the OEM Agreement.
2. Hardware Warranty
CaudalFin warrants that for a period of five (5) years for CaudalFin interface cards and modules (collectively referred to as "Telephony Hardware") from the Start Date, purchased by End User shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions. In the event of a product non-conformance, CaudalFin reserves the right to repair or replace the defective product with a replacement part which is either new or in like new condition. If CaudalFin is unable to provide a replacement part or otherwise remedy the defective product after making commercially reasonable efforts, CaudalFin reserves the right to refund a pro-rated calculation of the purchase price of the product as its exclusive warranty remedy. The pro-rated refund shall be based upon current Manufacturer's Suggested Retail Price of product and will be calculated by multiplying this amount by the fractional portion of the remaining duration of the warranty period of the purchased product. Provided that:
the hardware product is covered under this warranty policy and
CaudalFin's support department has accepted a valid RMA case opened by the End User for the hardware product and
End User has provided CaudalFin a credit card guarantee until the defective hardware product is returned to CaudalFin, then CaudalFin will issue a replacement by advance shipping . End Users who do not return their defective Product to CaudalFin within thirty (30) business days of receiving the RMA number will be charged the then current list price of the replacement Product.
3. Services Warranty
CaudalFin warrants that it will perform services in a manner consistent with generally accepted industry standards. As End User's sole remedy and as CaudalFin's sole liability for breach of the foregoing warranty, CaudalFin will re-perform or remedy at no charge to End User any non-conforming performance reported by you within ten (10) days of completion of services by CaudalFin. CaudalFin shall include technical support for the Products in accordance with the policies, terms and conditions set forth on CaudalFin's web site, www.CaudalFin.com, for the Products End User purchases. End User may elect to renew End User's support from CaudalFin at CaudalFin's then current rates unless such Products and associated Services are discontinued at CaudalFin's sole discretion.
4. Restrictions on Hardware and Software Warranties
No warranty shall apply if the hardware or software has not been installed, operated, repaired, or maintained in accordance with instructions supplied by CaudalFin in the enclosed documentation and/or documentation made available on www.CaudalFin.com.
The limited warranties provided by CaudalFin do not cover
Products that have been subjected to misuse, tampering, modification, experimentation, alteration, negligence, faulty installation, acts of terrorism, or acts of God;
Products with the model or serial number altered, tampered with, or removed;
Initial installation, installation and removal of the Product for repair, and shipping costs;
Configuration of the Product;
Damage that occurs in shipment due to act of God, failures due to power surge, and cosmetic damage;
Any hardware, software, firmware or other materials or services provided by anyone other than CaudalFin;
Products obtained by fraud or any of the other Excluded Products referenced below.
Repair by anyone other than CaudalFin or CaudalFin's authorized representative. Unless under a current Services contract with CaudalFin, End User shall not upgrade or update product using software of any origin except commercial versions of the software released to End User by CaudalFin or its authorized distributors and/or channel partners from time to time. This warranty extends only to the original End User and is not transferable.
5. Governing Law and Jurisdiction and Dispute Resolution
This Agreement shall be governed by and construed under the laws of India, and to the extent no law applies, the laws of the State of Karnataka, India. Forum, jurisdiction, and venue shall be determined in accordance with such law. If permitted by applicable law, CaudalFin and End User hereby expressly waive any right to a trial and consent to arbitration in accordance with Indian Laws.
In the event of a dispute, CaudalFin and End User agree to attempt to resolve any dispute by direct communication between representatives of each party who are authorized to finally resolve the dispute prior to filing any legal action against the other party.
The parties agree to attempt to resolve the dispute within fourteen (14) days of the first direct verbal communication between the representatives of the parties in which the parties make good faith efforts to attempt to resolve the dispute following written notice of the dispute having been provided to the party not invoking this clause.
The party with the dispute must provide the written notice and must provide sufficient detail in the notice as to the nature of the problem and requested remedies so as to permit the party not invoking this clause to make good faith attempts to remedy the dispute.
The parties agree not to resort to legal action, other than injunctions, either prior to or during the fourteen day dispute resolution period.
The United Nations Convention on International Sale of Goods, the application of which is expressly excluded, does not govern this Agreement.