Product Manual for Tornado X and Tornado XR
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WARRANTY
Mimomax Wireless Limited ("Mimomax”) warrants for a period of 12 months from the date of delivery that its hardware items
("Equipment") will be free from defects due to defective design, workmanship or materials subject the conditions below
("Warranty").
CONDITIONS OF WARRANTY
This Warranty is strictly subject to the following conditions:
(a) Mimomax will not be liable for breach of Warranty unless the customer (i) notifies Mimomax of the alleged defects
within 30 days after the defect would have become reasonably apparent, and (ii) promptly returns the Equipment
carriage paid with a full written report on the alleged defects.
(b) The Warranty is not transferable.
(c) Mimomax's liability under this Warranty is dependent on an assessment by Mimomax to determine and validate the
defect in design, workmanship or materials.
(d) The customer shall refund to Mimomax the cost to Mimomax of any replacement, repair or redelivery of any Equipment
effected by Mimomax where the failure is not within the terms of this Warranty.
(e) Mimomax does not guarantee that any service performed under this Warranty will be carried out within any particular
timeframe.
(f) To the fullest extent permitted by law, Mimomax's liability under this Warranty is limited to (at Mimomax's option)
replacing or repairing the Equipment or the relevant part thereof without charge provided that its liability shall in no
event exceed the purchase price of the Equipment or the relevant part thereof. Where Mimomax authorises the
customer to undertake Warranty repairs, no reimbursement will be made in respect of labour.
GENERAL EXCLUSIONS
Mimomax shall not be liable under this Warranty:
(a) where the Equipment has not been stored, installed, maintained and used properly having regard in particular to
Mimomax's and (if any) other agreed applicable specifications and instructions including (without limitation) in relation
to the installation of engineering changes or enhancements;
(b) where the Equipment has not been used in accordance with interference-free power, suitable environment (including
but not limited to free from electronic or radio interference and pests) and correct maintenance of the Equipment;
(c) for third party interference, fair wear and tear, abuse, damage or misuse, correction or repairs or modifications made
other than by Mimomax or any repairs required due to events beyond the control of Mimomax;
(d) for abnormal conditions (electrical, thermal, chemical or otherwise), including (without limitation) factors outside the
operational parameters for the Equipment;
(e) for any defect caused by or arising from use of any software not licensed or supplied by Mimomax, or otherwise caused
by or arising from the customer's acts or omissions.
LIMITATION OF LIABILITY
Except as set out in this Warranty and to the maximum extent permitted by law:
(a) all warranties, conditions, liabilities and obligations with respect to any Mimomax product, software or services
(including as to merchantability, description quality, or fitness for a specific purpose) are expressly excluded; and
(b) Mimomax shall not be liable for any losses or damages (whether direct or indirect) including property damage or
personal injury, consequential loss, economic loss or loss of profits or other economic advantage, however caused
which may be suffered or incurred by the customer or any third person, or which may arise directly or indirectly out of or
in respect of any Mimomax product, software or services or by reason of any act or omission on the part of Mimomax.
CUSTOMER ACKNOWLEDGEMENT
The customer acknowledges that:
(a) if the Consumer Guarantees Act 1993 ("CGA") applies, this Warranty shall be read subject to customer's rights under
the CGA. Where the customer uses the Equipment for business purposes, the provisions of CGA, or any other relevant
consumer protection legislation, shall not apply;
(b) the Equipment is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft
communications; intrinsically safe environments or in the design, construction, operation or maintenance of any nuclear
facility. Mimomax disclaims any express or implied warranty of fitness for such uses. The customer will not use or
resell Equipment for such purposes;
(c) any software supplied by Mimomax cannot be tested in every possible permutation and accordingly Mimomax does not
warrant that software supplied will be free of all defects or that its use will be uninterrupted.
