Warranty

Last updated:  Tuesday, February 18, 2020

This GuardRFID Limited Hardware Warranty (this “Limited Hardware Warranty”) applies to all purchases of hardware products from Guard RFID Solutions Inc. (“GuardRFID”) or its authorized distributors (each, a “Distributor”), which include GuardRFID manufactured products (“GuardRFID Hardware”), active tags (“Tags”) and hardware manufactured by third parties (“Third Party Hardware”), and together with GuardRFID Hardware and Tags, (“Hardware Products”).  In this Warranty, the buyer of any Hardware Product from GuardRFID or its authorized distributors is referred to as “you”.  This Limited Hardware Warranty is not transferable by you.  All subsequent purchasers and users acquire the Hardware Products “as is” without the benefit of this Limited Hardware Warranty.

BY PURCHASING, INSTALLING OR USING ANY HARDWARE PRODUCT, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS OF THIS LIMITED HARDWARE WARRANTY.

TO THE FULLEST EXTENT ALLOWED BY LAW, THIS LIMITED HARDWARE WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY SHOULD A DEFECT EXIST. NO OTHER WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND SHALL APPLY, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES, CONDITIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUALITY, OR DURABILITY, ALL OF WHICH ARE DISCLAIMED.

GuardRFID warrants to you that the Hardware Products will be free from material defects in workmanship and materials, under normal use and service as outlined below.

This Limited Hardware Warranty does not cover:

1. defects arising from or as a result of:
   • normal wear and tear;
   • misuse, neglect or use of the Hardware Products in a manner not authorized by GuardRFID;
   • attempts to open, repair or modify the Hardware Products not authorized by GuardRFID;
   • use of the Hardware Products in combination with items, articles, materials, accessories or other products not authorized by GuardRFID;
   • installation, integration, modification or operation of the Hardware Products by persons not authorized by GuardRFID; or
   • any cause other than the intended normal use of the Hardware Products;
2. damage to any batteries or any Third Party Hardware, including without limitation hardware or software added to or used in conjunction with the Hardware Products; or
3. any products other than the Hardware Products, including without limitation software products sold or otherwise made available by GuardRFID or its Distributors, which may be subject to the limited software warranty described in GuardRFID’s Software License Agreement made available at: https://www.guardrfid.com/sla/

The applicable warranty term for a Hardware Product (the “Warranty Term”) will commence on the date of shipment of the Hardware Product to you by GuardRFID or Distributor (the “Commencement Date”) and will continue for a period of:

1. for new or reconditioned GuardRFID Hardware (including infrastructure components), 15 months;
2. for Third Party Hardware, the duration of the applicable manufacturer’s warranty;
   • You may choose to subject the Third Party Hardware to its manufacturer warranty, especially if the scope of the manufacturer warranty is consistent in scope with this Limited Hardware Warranty.
3. for Tags, the applicable term as described in the attached Schedule A: Tag Warranty.

If you discover a material defect in materials or workmanship of a Hardware Product within the applicable Warranty Term, you or the Distributor must notify GuardRFID at support@guardrfid.com within 30 days after the date of discovery.

GuardRFID may request the return of the defective Hardware Product under the terms of the GuardRFID Return Material Authorization (RMA) procedure. Under the RMA procedure, you are responsible for shipping costs to GuardRFID and GuardRFID will be responsible for shipping replacement product to you. If GuardRFID determines that your claim did not fall within the scope of this Limited Hardware Warranty, you will be responsible for any shipping costs for return shipments.

Advance Replacement Products (ARP) are new or like-new refurbished products. GuardRFID will send ARP to replace defective equipment that has failed upon initial install for up to 60 days from the original date of shipment and up to end of the warranty period. Advance replacements will be invoiced at shipment and credited upon receipt of the defective product. Invoices will remain outstanding if the returned product does not qualify under the replacement terms.

In the event GuardRFID determines that a material defect exists, GuardRFID will, at their sole discretion, provide one of the following:

1. repair the defective Hardware Product with new or refurbished parts;
2. replace the defective Hardware Product with a new or reconditioned Hardware Product; or
3. refund the purchase price of the defective Hardware Product.

GuardRFID obligations hereunder are conditioned upon the return of the defective Hardware Product in accordance with the RMA Procedures. All Hardware Products returned to GuardRFID under this Limited Hardware Warranty will become the property of GuardRFID upon receipt. GuardRFID warrants any repaired or replacement Hardware Product will be free of material defects for the greater of: (i) 90 days from the date of shipment to you; or (ii) the remainder of the applicable Warranty Term for the defective Hardware Product which was repaired or replaced.

GuardRFID may repair out of warranty Hardware Products on a time and materials basis at its then current rates.  The above warranty in respect of repaired or replaced Hardware Products does not apply to repairs done on a time and material basis where the time and material charges are priced at the minimum repair rate effective at the time the Hardware Products are returned to GuardRFID.

Non-warranty repair. Buyer will be charged on all repairs and shipping costs for non-warranty equipment. Payment is required at time of RMA request and is accepted by purchase order. Charges may vary based on actual equipment and condition. Repair charges may be based on flat rate cost or parts and labor. A 90-day extended warranty applies to repaired products from the date of shipment.

IN NO EVENT WILL GUARDRFID BE LIABLE TO YOU FOR:

1. ANY DAMAGES OR LOSSES, WHATSOEVER (WHETHER DIRECT OR INDIRECT) ARISING OUT OF SERVICES PERFORMED BY, OR ON BEHALF OF, A DISTRIBUTOR;
2. ANY SPECIAL, EXTRAORDINARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF OPPORTUNITY OR BUSINESS INTERRUPTION, EVEN IF GUARDRFID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;OR
3. LOSS OR DAMAGE TO ANY PROPERTY OR FOR ANY PERSONAL INJURY OR ECONOMIC LOSS OR DAMAGE CAUSED BY HARDWARE PRODUCTS OR THE CONNECTION OF HARDWARE PRODUCTS TO OTHER DEVICES OR SYSTEMS;

IF, AS A RESULT OF OR IN CONNECTION WITH ANY USE OF THE HARDWARE PRODUCTS, GUARDRFID BECOMES LIABLE TO YOU FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES OR OTHER LIABILITIES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT, TORT, PURSUANT TO STATUTE OR OTHERWISE), THEN GUARDRFID’S AGGREGATE LIABILITY TO YOU WILL BE LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE YOU PAID FOR THE HARDWARE PRODUCT GIVING RISE TO THE CLAIM.

You hereby acknowledge and agree that:

1. THE HARDWARE PRODUCTS, AND ANY SOFTWARE, EQUIPMENT OR NETWORK WHICH IS USED IN CONJUNCTION WITH THE HARDWARE PRODUCTS AND WHETHER OR NOT SUPPLIED BY GUARDRFID, IS NOT GUARANTEED TO PREVENT WANDERING PATIENTS, INFANT ABDUCTIONS, ASSET DAMAGE/THEFT OR ANY OTHER EVENT FOR WHICH THEY WERE PURCHASED, AND THAT THEY ARE ONLY INTENDED TO PROVIDE ADDITIONAL SAFEGUARDS TO ASSIST IN THE PREVENTION OF EVENTS SUCH AS THOSE DESCRIBED HEREIN;
2. you fully understand the foregoing limitations concerning the Hardware Products and agree to warn, and obtain acknowledgements from, all users of Hardware Products of the same; and
3. you will put into place appropriate procedures, training, safeguards and other measures to prevent the dangers described above and agree to indemnify, defend and hold harmless GuardRFID for and against any suit, action or other process brought against GuardRFID as a result of use of the Hardware Products.

This Limited Hardware Warranty contains all the warranties, representations and conditions concerning the Hardware Products, and supersede all previous negotiations, understandings, communications, representations, warranties, conditions and agreements, whether verbal or written, concerning the subject matter of this Limited Hardware Warranty.

Tag Warranty Term

The Warranty Term for Tags is as follows:

• for UT-3BLF Tags, 3 months;
• for UT-2BLFD Tags, the date of delivery (replaced only if materially defective on arrival); or
• for all other Tags, 12 month or as otherwise stated.

Tag Battery Life Warranty Credit

Tags use batteries with a finite lifetime.  If you experience a Tag failure due to battery depletion before the end of the applicable Battery Life Warranty Term (as defined below), as your sole and exclusive remedy, GuardRFID will provide you with a credit that is calculated as follows:

The Battery Life Warranty Term varies by Tag type as follows:

To receive a credit for Tags that fail due to battery depletion prior to the applicable Battery Life Warranty Term, contact GuardRFID support at support@guardrfid.com to initiate an RMA request.