PBUS TECH, INC MANUFACTURER'S OVERNIGHT ADVANCED REPLACEMENT PROGRAM WARRANTY UPGRADE TERMS & CONDITIONS FOR POINT OF SALE HARDWARE PRODUCT SOLD ONLY WITHIN THE USA (#UW-REV-02BTC)
1.1. Subject to the Limitations, Exclusions and Disclaimers hereof, PBUS TECH, INC. (¡°PBUS TECH¡± DBA POSBANK USA) warrants that the Point of Sale hardware only (excluding all Point of Sale software), Terminals and Peripherals (hereinafter collectively or individually referred to as ¡°Product¡± as appropriate) purchased from PBUS TECH, a USA based PBUS TECH authorized distributor, or a USA based PBUS TECH authorized reseller will conform to PBUS TECH¡¯s specifications and be free from defects in material or workmanship for the respective upgrade to Advanced Replacement Program Warranty period from the Standard Limited Warranty as described herein. PBUS TECH does not warrant that the Product will meet the specific requirements of the end-user customer. If the Product while subject to this Advanced Replacement Program Warranty upgrade is deemed to be defective in material or workmanship during normal use during the Advanced Replacement Program Warranty three (3) year period from date of Product sale, then PBUS TECH will send a replacement Product via UPS PREPAID OVERNIGHT STANDARD SERVICE to the purchaser and will email a PREPAID UPS GROUND CALL TAG SERVICE to the purchaser so defective Product can be returned to PBUS TECH providing that an upgrade in Warranty was purchased at time of Product sale.
1.2. All exchanged Products or parts thereof that have been replaced by PBUS TECH under the terms of this Advanced Replacement Program Warranty upgrade will become property of PBUS TECH.
1.3. PBUS TECH¡¯s sole obligation is to supply replacement Product or parts thereof, at the discretion of PBUS TECH, that are found to be defective within the Advanced Replacement Program Warranty period. PBUS TECH will honor valid Warranty upgrade claims per Product covered under the terms of this Warranty upgrade for a maximum of three (3) claims by the purchaser during the Warranty upgrade period of three (3) years from date of purchase. If three (3) valid claims by the purchaser have been made within the period of this Warranty upgrade and have been honored by PBUS TECH then Product Standard Limited Warranty terms and conditions shall apply only if these conditions are met, until expiration of Product¡¯s Standard Limited Warranty period. Under the terms of this Advanced Replacement Program Warranty, PBUS TECH will send replacement Product or parts thereof via UPS overnight prepaid service and to replace defective Products with new, or at the discretion of PBUS TECH, factory refurbished Product that are equivalent or superior to the originally purchased Product performance. Furthermore, it shall also be the responsibility of PBUS TECH to issue (email) a prepaid UPS call tag to the purchaser so the defective Product can be returned to PBUS TECH in accordance with the terms of this Warranty upgrade.
1.4. Each Warranty upgrade part number listed below is fee based and must be purchased for each individual corresponding Product(s) that is covered by this Warranty upgrade at time of a NEW Product sale. Factory outlet/refurbished Products (other than ¡°A Stock¡±/deemed new or ¡°like new ¡° by PBUS TECH), do not apply for the Advanced Replacement Program Warranty upgrade. If Warranty upgrade is not purchased at time of a new Product sale, then the PBUS TECH Product Standard Limited Warranty terms and conditions shall apply by default, please refer to Standard Limited Warranty document #SW-REV-02ATC for that Warranties details:
||¡¡WARRANTY UPGRADE COVERAGE PRODUCT DESCRIPTION|
||¡¡3-year Overnight Exchange Prepaid w/Call Tag: Scanner or MSR or Pole Display|
||¡¡3-year Overnight Exchange Prepaid w/Call Tag: Cash Drawer or Receipt Printer|
||¡¡3-year Overnight Exchange Prepaid w/Call Tag: Touch or Non Touch Monitors|
|¡¡3POE-AIO||¡¡3-year Overnight Exchange Prepaid w/Call Tag: AIO or BoxPOS Bookcase|
2.1. ADVANCED REPLACEMENT PROGRAM WARRANTY UPGRADE LIMITATION AND EXCLUSION: THIS WARRANTY SETS FORTH PBUS TECH¡¯S MAXIMUM LIABILITY FOR ITS PRODUCT. THIS WARRANTY UPGRADE FROM THE STANDARD LIMITED WARRANTY TERMS AND CONDITIONS EXTENDS ONLY TO PRODUCT THAT IS COVERED BY AN ADVANCED REPLACEMENT PRODUCT WARRANTY PROGRAM UPGRADE PURCHASED FROM PBUS TECH OR A PBUS TECH AUTHORIZED RESELLER OR PBUS TECH AUTHORIZED DISTRIBUTOR AT TIME OF PRODUCT SALE. PBUS TECH shall have no further obligation under this Advanced Replacement Program Warranty upgrade (AND PRODUCT WILL BE DEEMED OUT-OF-WARRANTY BY PBUS TECH) if the Product has been (but not necessarily limited to) damaged due to abuse, misuse, neglect, smoke exposure/including tobacco, accident, water/liquid damage, theft or loss, fire, unusual physical or electrical stress, unauthorized modifications (including use of an unauthorized mount), tampering, shipping damage, ¡°Act of God¡±, alterations or service other than by PBUS TECH or its authorized agents, causes other than from ordinary use or failure to properly use the Product in the application for which said Product was intended. This Advanced Replacement Program Warranty upgrade also EXCLUDES Warranty claims for Product infected by a computer virus or malicious software of any kind, Product failure due to excessive dirt/grease/debris on or within the Product¡¯s housing, Product Operating System (OS) file corruption that is not due to a PBUS TECH OS image load error, user non-compliance with PBUS TECH published instructions for correct Product installation/operation and maintenance, use of non approved Product parts/ supplies and components, Product Warranty claim after expiration of Warranty period, Product Warranty upgrade purchase cannot be proven, Product failure due to incompatibility of an integrated third party software application, Product failure due to incompatibility of an integrated third party hardware device, Product cleaning or Product replacement due to cosmetic damage and damage as a result of normal wear.
2.2. LIMITATION OF WARRANTY PERIOD TRANSFER: The full period of a Product¡¯s three (3) year Warranty upgrade cannot be transferred from the original/first purchaser or subsequent purchasers¡¯ of the Product to anyone else (or to another Product) from date of Product¡¯s original/first purchase date. The Product¡¯s Warranty period is independent (does not reset and extend the Warranty period) regardless of how many times the Product has been sold since the date of the original/first purchase by the original/first purchaser. However, anyone in possession of the Product can claim under the repair/replacement provisions of this Warranty until the expiration of the Product¡¯s Warranty period at which time the Product will be deemed out-of-warranty by PBUS TECH.
2.3. ALL PROVISIONS OF THIS WARRANTY EXTENDS TO PBUS TECH/POSBANK/POSBANK USA BRANDED POINT OF SALE HARDWARE PRODUCTS SOLD IN THE USA ONLY. AND NO PBUS TECH/POSBANK/POSBANK USA SOFTWARE PRODUCTS OR THIRD PARTY POINT OF SALE SOFTWARE PRODUCTS OF ANY KIND IS COVERED BY THE TERMS AND CONDITIONS OF THIS HARDWARE PRODUCT WARRANTY. THERE WILL BE NO EXCEPTIONS TO THIS POLICY.
2.4. IT IS MANDATORY FOR PBUS TECH TO OBTAIN THE PURCHASER¡¯S (OR RECOGNIZED AGENT OF THE PURCHASER) CREDIT OR DEBIT CARD NUMBER FOR SECURITY AND VALIDATE IT BEFORE PBUS TECH WILL CROSS SHIP ANY NO CHARGE REPLACEMENT PRODUCT OR PARTS THEREOF UNDER THE TERMS AND CONDITIONS OF THIS WARRANTIES PRODUCT CROSS SHIP POLICY PROVISIONS. THERE WILL BE NO EXCEPTIONS TO THIS POLICY.
2.5. IF ANY PRODUCT RETURNED TO PBUS TECH UNDER THE TERMS AND CONDITIONS OF THIS WARRANTY IS FOUND NOT TO BE DEFECT IN MATERIAL OR WORKMANSHIP IN ANY WAY WHATSOEVER AFTER EXTENSIVE PRODUCT DIAGNOSIS BY PBUS TECH TECHNICAL SUPPORT PERSONNEL, THEN PRODUCT DIAGNOSTIC, LABOR AND SHIPPING FEES WILL BE BILLED AT NO LESS THAN NINETY FIVE (95) UNITED STATES DOLLARS PER PRODUCT/PER INCIDENT TO THE SHIPPER/PURCHASER. ANY EXCEPTIONS TO THIS POLICY MUST RECEIVE APPROVAL BY WRITTEN INSTRUMENT OF PBUS TECH ONLY.
2.6. PBUS TECH TECHNICAL SUPPORT PERSONNEL MUST TROUBLESHOOT ALL PRODUCT THAT IS CLAIMED UNDER THIS WARRANTY. IF PBUS TECH PERSONNEL ARE UNABLE TO TROUBLESHOOT ANY PRODUCT THAT IS CLAIMED UNDER THIS WARRANTY IT COULD BE CAUSE FOR WARRANTY CLAIM DENIAL BY PBUS TECH. THERE WILL BE NO EXCEPTIONS TO THIS POLICY.
2.7. ANY RETURN MERCHANDISE AUTHORIZATION NUMBER (RMA #) ISSUED BY PBUS TECH IS VALID FOR TWO (2) WEEKS ONLY AFTER ISSUANCE. ANY EXCEPTIONS TO THIS POLICY MUST RECEIVE APPROVAL BY WRITTEN INSTRUMENT OF PBUS TECH ONLY.
2.8. ANY PRODUCT THAT IS RETURNED TO PBUS TECH WITHOUT A PBUS TECH ISSUED/VALID RETURN MERCHANDISE AUTHORIZATION NUMBER (RMA #) CLEARLY VISIBLE ON THE PACKAGE WILL BE REFUSED BY PBUS TECH AND SHIPPING CARRIER WILL BE INSTRUCTED TO RETURN PACKAGE BACK TO SHIPPER. THERE WILL BE NO EXCEPTIONS TO THIS POLICY.
2.9. PBUS TECH, AT ITS DISCRETION, RESERVES THE RIGHT TO DENY ANY PRODUCT RETURN MERCHANDISE AUTHORIZATION NUMBER (RMA #) REQUEST IF THE REQUEST DOES NOT CONFORM TO ANY OF THE TERMS AND CONDITIONS OF THIS WARRANTY.
2.10. THE TERMS AND CONDITIONS OF THIS WARRANTY DO NOT EXTEND TO ONSITE TECHNICIAN SERVICING OF PBUS TECH PRODUCTS (E.G. ONSITE PRODUCT REPAIRS/DIAGNOSTICS/INSTALLATIONS). ANYONE THAT WANTS SUCH SERVICES WILL BE AT THEIR OWN EXPENSE.
2.11. PBUS TECH WARRANTS THAT IT WILL GIVE FREE PHONE TECHNICAL SUPPORT FROM EIGHT (8) AM TO FIVE (5) PM PACIFIC TIME MONDAY TO FRIDAY FOR ALL PBUS TECH HARDWARE PRODUCTS AND FOR THE LIFETIME OF THE PRODUCT. ANY AFTER HOURS AND WEEKEND PHONE TECHNICAL SUPPORT (IF AVAILABLE) MAY BE AT A PER INCIDENT FEE BASIS. PHONE TECHNICAL SUPPORT OPERATIONAL HOURS ARE SUBJECT TO CHANGE.
2.12. THE WARRANTY UPGRADE PRINTED HEREIN IS THE ONLY ADVANCED REPLACEMENT PROGRAM WARRANTY UPGRADE APPLICABLE TO THIS PRODUCT. ALL OTHER UPGRADE WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARE DISCLAIMED UNDER APPLICABLE LAW. THERE ARE NO PBUS TECH ISSUED PRODUCT WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, AND THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY PBUS TECH.
3.1. Eligibility Criteria for Advanced Replacement Program Warranty Claim
Any person exercising a claim under this Advanced Replacement Program Warranty upgrade and provisions thereof must establish to the satisfaction of PBUS TECH that an Advanced Replacement Program Warranty upgrade part number was purchased at time of Product sale which Warranty claim is for and must provide a valid Product serial number, full description of the Product¡¯s problem, and sales receipt or invoice showing Product purchase date and corresponding Product information. This mandatory information is needed in order to verify the legitimacy or a Warranty upgrade claim. Failure to supply this mandatory information could be cause for Advanced Replacement Program Warranty claim denial.
3.2. Advanced Replacement Program Warranty Claim Procedures & Provisions During the Advanced Replacement Program Warranty period, to exercise this Advanced Replacement Program Warranty provision, the purchaser must first contact PBUS TECH Customer Service by calling 1-310-513-1356, or emailing firstname.lastname@example.org or by visiting www.posbankusa.com.
3.3. Troubleshooting of the Product is mandatory by a PBUS TECH Technical Support Representative, and the Product¡¯s serial number, purchase date and Warranty upgrade status must also be validated by the PBUS TECH Technical Support Representative at time of Warranty upgrade claim. It is at the sole discretion of a PBUS TECH Technical Support Representative to troubleshoot a Product for the required amount of time necessary to complete a proper diagnosis of the problem. If for whatever reason a PBUS TECH Technical Support Representative is unable to complete all mandatory Product diagnostics, then this will be sufficient cause for a Warranty claim processing delay or possible Warranty claim denial by PBUS TECH.
3.4. The PBUS TECH Technical Support Representative will issue (email) a Return Merchandise Authorization (RMA) number and return shipping instructions with UPS call tag to the purchaser. The purchaser will be advised to return the defective Product WITH ALL CABLES AND COMPONENTS THEREOF in the same box the replacement Product was sent in, affix the PBUS TECH RMA label and UPS Ground call tag to the outside of the box and return to PBUS TECH as directed by PBUS TECH Customer Service Dept. PBUS TECH accepts no responsibility for damages that could occur during the inbound or outbound shipping process of cross ship/replacement Products. In addition, PBUS TECH accepts no responsibility and cannot be held liable for Product loss or theft once Product has left a PBUS TECH facility. PBUS TECH will ship a replacement Product via UPS overnight service prepaid to the purchaser within the continental (lower 48 States) USA only. If the purchaser's address is outside of the continental USA, or if the purchaser requests weekend delivery, additional charges will apply. And any additional charges need to be paid in full before PBUS TECH will ship a replacement Product or parts thereof.
3.5. IMPORTANT: IT IS MANDATORY FOR PBUS TECH TO OBTAIN THE PURCHASER¡¯S (OR RECOGNIZED AGENT OF THE PURCHASER) CREDIT OR DEBIT CARD NUMBER FOR SECURITY AND VALIDATE IT BEFORE PBUS TECH WILL CROSS SHIP ANY REPLACEMENT PRODUCT OR PARTS THEREOF UNDER THE TERMS AND CONDITIONS OF THIS WARRANTY PRODUCT CROSS SHIP PROVISION(S). THERE WILL BE NO EXCEPTIONS TO THIS POLICY.
3.6. IF THE PURCHASER IS NOT ABLE TO PROVIDE PBUS TECH WITH A VALID DEBIT OR CREDIT CARD NUMBER, THEN CERTAIN PROVISION(S) OF THIS WARRANTY SHALL NO LONGER APPLY (E.G. SHIPPING SAME DAY NO CHARGE REPLACEMENT PRODUCT OVERNIGHT), AND CERTAIN PROVISION(S) OF THE STANDARD LIMITED WARRANTY COULD THEN APPLY BY DEFAULT OR AS DEEMED APPROPRIATE BY PBUS TECH AT ITS OWN DISCRETION. In any event, PBUS TECH will offer to email a prepaid UPS overnight delivery call tag to the purchaser so defective Product can be returned for repair or replacement. Once PBUS TECH is in receipt of the Product, PBUS TECH will do its best to ship a replacement Product (or repaired Product) to the purchaser that same day if possible. Return shipping method to Purchaser will be prepaid by PBUS TECH UPS Ground only. Any request by purchaser for an expedited Product return shipping method must be paid by the Purchaser. This can be done by supplying PBUS TECH with the Purchaser¡¯s own UPS or FedEx account number, credit/debit card number or by paying PBUS TECH direct for the return shipping cost via a PayPal account. There will be no exceptions to this policy.
4.1. Product Out-of-Warranty Definition & Policy
PBUS TECH will deem a Product to be ¡°out-of-warranty¡± and charge for Product repair/replacement if either of the following applies during the Product Warranty claim process and/or when Product is returned to a PBUS TECH repair facility:
a. PBUS TECH has verified that the Product¡¯s three (3) year Warranty period has expired.
b. PBUS TECH has determined that the Product meets one or more of the conditions (but not necessarily limited to) listed in the ¡°ADVANCED REPLACEMENT PROGRAM WARRANTY UPGRADE LIMITATION AND EXCLUSION¡± provision(s) of this Warranty as written in 2.1/a/b of the foregoing herein.
4.2. Anyone in possession of an out-of-warranty PBUS TECH Product that needs servicing is responsible for diagnostic and repair labor costs billed at ninety five (95) United States Dollars per hour plus cost of Product parts, shipping costs and any other costs that could be incurred by PBUS TECH during the servicing of an out of Warranty Product. 4.3. PBUS TECH will notify customer of the out-of-warranty Product status, repair cost, including parts, and ask for customer¡¯s approval to service the Product before any repairs begin. PBUS TECH must receive payment in full for all repair and return shipping costs before Product is returned to customer. 5.1. Warranty Upgrade General Provisions
Purchaser will incur additional costs under the terms and conditions of this Warranty if any one or more but not necessarily limited to the following condition(s) occurance(s). This is an abbreviation of each condition:
5.2. All Advanced Replacement Program Warranty claims must be received by PBUS TECH no later than TWO THIRTY (2:30) PM PACIFIC TIME in order to ensure replacement Product will ship that day.
5.3. Overnight replacement Product service by PBUS TECH under the terms of this Warranty is not available during weekends and most national holidays. Please check with PBUS TECH directly for a list of observed holiday closures.
5.4. PBUS TECH does its best to ensure next day delivery for replacement Product under the terms of this Warranty upgrade. However, some regions of the USA do not have next day service available; therefore, Product delivery could be delayed. PBUS TECH cannot be held liable for Product delivery delays (no matter what the cause) once it is shipped from a PBUS TECH facility on time via overnight service. Please note, weekend and holiday delivery does not apply to the terms of this Warranty upgrade: For example, if a Product ships from PBUS TECH overnight service on Friday, it will arrive the following Monday.
5.5. In the event of a refused or returned Product delivery to purchaser, purchaser will incur any additional shipping costs as a result of this. It is the responsibility of the purchaser to ensure accuracy of the ship to address when supplied to PBUS TECH and will make every effort to be at the ship to address to allow for delivery of Product. If PBUS TECH ships mistakenly to an incorrect address then any additional shipping costs ONLY, due to a PBUS TECH shipping error, is solely the responsibility of PBUS TECH.
5.6. When replacement Product has been sent by PBUS TECH to the purchaser under the terms of this Warranty upgrade and If the failed Product or parts thereof or individual Product components thereof (e.g. power supply, cables) is not received by PBUS TECH within two (2) weeks after replacement Product has been received by the purchaser or the purchaser cannot provide a valid tracking number as proof of return, the purchaser must pay the Product replacement cost. The Product replacement cost shall be calculated at seventy five percent (75%) of the Product¡¯s current MSRP. This will be charged to the purchaser¡¯s (or recognized agent of the purchaser) credit/debit card on file with PBUS TECH. If PBUS TECH is not able to charge the cost of the replacement Product to the purchaser¡¯s (or recognized agent of the purchaser) credit/debit card, then PBUS TECH will seek legal counsel to remedy the non payment of invoice. In addition, the purchaser¡¯s account will be flagged by PBUS TECH and no further Product Warranty claims of any kind will be allowed until the the replacement Product is returned or paid for by the purchaser or a recognized agent thereof as required under the terms of this Warranty.
5.7. No repair or replacement of Product or part thereof shall extend the Warranty upgrade period as to the entire Product at time of original purchase date. Warranty on the repair part and workmanship shall only be effective for a period of ninety (90) days following the repair or replacement of that part or the remaining period of the Product¡¯s Warranty. And Under no circumstances whatsoever will a PBUS TECH cross ship replacement Product or part thereof under the terms and conditions of all provisions printed in this Warranty and in its entirety shall extend the Warranty period of three (3) years of any Product past the time of Product¡¯s original purchase date by an authorized PBUS TECH reseller. Any exceptions to this policy must be by written instrument of PBUS TECH only.
6.1. Limitation of Liability
IT IS UNDERSTOOD AND AGREED THAT PBUS TECH¡¯S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY AND INCLUDING ANY ERRORS OR OMISSIONS THEREIN, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY A PBUS TECH AUTHORIZED DISTRIBUTOR. AND UNDER NO CIRCUMSTANCES SHALL PBUS TECH BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST DATA OR ANY OTHER PECUNIARY LOSS. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING PBUS TECH¡¯S LIABILITY UNDER APPLICABLE LAW.
6.2. Limitation on Bringing Action
No action, regardless of form, arising out of the agreement to purchase the Product may be brought by purchaser more than one year after the cause of action has accrued, unless such limitation is expressly prohibited under applicable law.
6.3. Governing Law
This Warranty shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision (of that or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the State of California. The courts of Los Angeles County, California, United States of America, shall have exclusive jurisdiction over any claim, action or proceeding relating directly or indirectly to this Warranty. Should you have any questions concerning this Warranty, please call 1-310-513-1356 or email email@example.com.
6.4. Mandatory Arbitration
All disputes between the parties arising out of or relating to this Warranty, including to interpret or enforce the terms herein, shall be settled solely on an individual basis by binding arbitration in the State of California, Los Angeles County, United States of America, before a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator may award any legal or equitable remedy. The prevailing party shall be awarded its costs and expenses incurred in any arbitration proceeding, including administrative expense. The courts of Los Angeles County, California, United States of America, shall have jurisdiction over the arbitrating parties and may enforce the arbitrator's award.
If any portion of this Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Warranty.