Warranty

iWave warrants that all goods delivered (i) will be free from defects in workmanship, material, and manufacture, (ii) will comply with the requirements of purchase order, including any drawings or specifications incorporated. Except as set forth in writing in the Limited Warranty, iWave makes no performance representations, warranties, or guarantees, either express or implied, oral or written, with respect to the products, including without limitation any implied warranty (a) of merchantability, (b) of fitness for a particular purpose, or (c) arising from course of performance, course of dealing, or usage of trade.

iWave shall in no event be liable to the end user for collateral or consequential damages of any kind. iWave shall not otherwise be liable for loss, damage or expense directly or indirectly arising from the use of the product or from any other cause. The sole and exclusive remedy against iWave, whether a claim, sound in contract, warranty, tort or any other legal theory, shall be repair of the product only. For this purpose, iWave has the right to examine Products and/or Services at the Customer’s or at iWave’s premises, at iWave’s discretion.

iWave does not provide any warranty for defects that have not been caused by iWave, in particular not for:

Handling errors, intervention or modification of the Products by the Customer or an unauthorized third party
Defects which have been caused by incorrect installation by the Customer or a third party acting on the Customer’s behalf
Compatibility and functioning with other products, unless expressly warranted
Defects which have been caused by outside influences
Fitness of the Products for any particular purpose
Third party products for which the respective manufacturer is responsible
Services which have not been performed in accordance with the instructions
iWave and its manufacturers use components or spare parts which are new or equivalent to new and meet the industry standards and practice. iWave reserves the right to use new or refurbished spare parts and/or components. Spare parts may be new or reconditioned.

The following terms and conditions must be adhered:

Limitation of Liability: iWave shall not be liable for any consequential, incidental, special or exemplary damages suffered by buyer and/or any end user related to or arising out of this agreement, the transactions contemplated hereby and/or the use or inability to use the products, integration of the products with equipment not provided by iWave, loss of goodwill or profits and/or from any other cause whatsoever, even if it has been advised of the possibility of such damages. In no event will iWave’s liability for any cause of action relating to this agreement exceed amounts received (in last 12 months) by iWave from buyer for the product or service that is the subject of such claim or dispute. iWave and buyer further agree that each and every provision of this agreement which provides for a limitation of liability, disclaimer of warranties or exclusion of damages is expressly intended to be severable and independent of any other provision since those provisions represent separate elements of risk allocation between the parties, and shall be separately enforced.

Both parties also agree that the price of the products reflects the allocation of risk, warranty and limitation of liability provisions herein. Unless otherwise agreed in writing by iWave, the iWave products sold hereunder are not designed nor intended for any use in medical life saving or life sustaining applications which the failure of the iWave product could create a situation where personal injury or death may occur. Should Buyer purchase or use iWave’s Products for any such unintended use, Buyer shall indemnify and hold iWave and its directors, officers, subsidiaries, subcontractors and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended use, even if such claim alleges that iWave or its sub-contractor was negligent regarding the design or manufacture of the iWave Product or any of its parts.

Software: All software is owned by iWave or a third party licensor who shall retain exclusive right, title and ownership of the software. Customer is granted a limited, personal, non-exclusive license, without the right to sublicense, to use the software only with the specific iWave manufactured hardware.

RMA Form:

a. iWave Systems Technologies Pvt Ltd will fax/email the RMA Form for the customer to fill. Customer is required to provide all relevant information especially the item code, item serial number and the details of the problems encountered on the RMA Request Form and submit to iWave.

b. iWave Systems Technologies Pvt Ltd will acknowledge the receipt of the RMA Form and provide a ‘RMA tracking number’ for the customer to arrange the RMA shipment.

c. Customer is only required to return the defective product without any other accessories or unnecessary components (eg. manuals, cables, CPU, RAM, CF etc.). Any other components that cause part of the problem may be included, but the customer must clearly indicate on the RMA form & shipping document, otherwise, iWave Systems Technologies Pvt Ltd will not be responsible for any item that are not listed in the form.

d. RMA form will only be provided to customers who have issued a formal Purchase Order to iWave

Return Merchandise Authorization:

• Returns must be made within thirty (30) days of Buyer’s receipt of original Product, and must be accompanied by a Return Material Authorization (RMA) number issued by iWave
• Shipping charges are non-refundable, and customer is responsible for all return shipping costs. However, if iWave is in error regarding fulfillment of customer order, iWave will issue an RMA and ship correct Product in exchange for any Product that iWave has shipped in error. iWave will not charge customer for supplemental shipping charges in such instances.
• iWave reserves the right to refuse any RMA returns without an RMA number, with incomplete Product contents or documentation, or if the Products have been altered by the customer.
• Customer shall ensure that the product is packaged in a manner that it does not get damaged during the shipment.
• The customer shall pay for the additional costs arising due to inappropriate documentation during the shipment
• After RMA procedure is complete; the software/firmware on the products shall have iWave’s/EMS partner’s factory default
  Software and licenses are non-refundable

Shipping Cost:

• For RMA, the customer pay for all incoming and outbound shipment to/from iWave/EMS partner
• It is recommended that the customer ships the product with known freight provider and provide the tracking information to iWave/EMS partner
• All replacement/repaired products are shipped through iWave’s/EMS partner’s courier service provider or customer shipping account
• Customers will be liable for loss or damage caused by their shipping carrier, when sending products to iWave/EMS partner location. In such a scenario the RMA requested shall be void