Exchange Warranty and Software Licence for Magicolor and Pagepro Products
Exchange Warranty Terms and Conditions
1. Definitions
1.1 Warranty Definitions
1.1.1 Except as provided in clause 1.2.1, all capitalised terms used within this document are defined in the Konica Minolta Business Solutions Australia (hereafter known as KMBSA) Warranty and Licence Definitions document available at http://www.konicaminolta.com.au/185/a.aspx.
1.2 Product Addendum
1.2.1 Definitions which are specific to a product are set out in the corresponding
Product Addendum document available at http://www.konicaminolta.com.au/185/a.aspx
2. Exchange Warranty
2.1 Subject to the terms and conditions set out in this document, KMBSA agrees, for a period as set out in the Product Addendum from the date of purchase, to provide a permanent replacement unit at KMBSA's cost if any Product identified at http://www.konicaminolta.com.au/185/a.aspx as being subject to the Standard Exchange Warranty and purchased by you from an Authorised Reseller is determined by KMBSA to be Faulty.
2.2 KMBSA will use commercially reasonable endeavours to ship either directly or through an Authorised Reseller a replacement unit within five (5) Business Days of the Fault being diagnosed as requiring a replacement by KMBSA and will at KMBSA's cost arrange for the collection and delivery of any. Faulty Product from the Customer to KMBSA or one of its partners.
2.3 An acknowledgment by KMBSA that a call from a Customer has been logged is solely an acknowledgment that a call has been received. It does not mean that a Product has been diagnosed by KMBSA as Faulty. The Exchange Warranty will only apply in the event that following appropriate diagnosis and review of a Product by an Engineer, KMBSA determines that a Product is Faulty.
2.4 KMBSA may at its discretion require Proof of Purchase before providing support as contemplated under these terms and conditions.
2.5 The Exchange Warranty can not be extended beyond the Warranty Period.
3. Eligibility
3.1 In order for a Customer to be eligible for a replacement product under these terms and conditions, the following requirements must be met;
3.1.1 The Product must be Registered;
3.1.2 The Product must have been purchased within the same country as where the service is required; and
3.1.3 The Product must be at current Revision Levels as specified by KMBSA.
4. Exclusions
4.1 To the full extent permitted by law, but subject always to the General Terms below, the Exchange Warranty will not apply:
4.1.1 if a Fault is identified by a KMBSA representative within 5 Business Days of purchase of the Product, in which case the Product will be considered to be DOA. The Customer will be directed to return the Product to the place of purchase and will receive a replacement product;
4.1.2 to the replacement of consumed or faulty Consumables as defined in the Product Addendum;
4.1.3 to the replacement of Maintenance Parts that have reached their specified life. Product Addendums set out for each Product the Maintenance Parts and their expected replacement cycle;
4.1.4 to the installation of updated software associated with the Product such as drivers, utilities and printer firmware;
4.1.5 to regular user maintenance as defined in the Product Addendum;
4.1.6 to Faults resulting from a failure to comply with the user installation and maintenance requirements set out in the User Product Documentation;
4.1.7 to damage to the Product due to normal wear and tear;
4.1.8 to Faults resulting from the use of non-supported media, consumables, software, or hardware;
4.1.9 to Faults resulting from usage of the Product other than in accordance with the product specifications as set out in the Product Addendum;
4.1.10 to Faults arising during transportation or while moving the Product between locations;
4.1.11 to Faults resulting from the failure of Maintenance Parts that have exceeded their expected replacement cycle;
4.1.12 to Faults resulting from unauthorised modification or intervention with the Product;
4.1.13 to Faults due to misuse, abuse, accidents, power surges and dips, liquid spillage, voltage supply problems, exposure to abnormally corrosive conditions, force majeure events such as lightning, thunderstorms, fire, earthquake, flooding or Acts of God; or
4.1.14 to Products having been identified as Faulty (other than for the reasons set out in clauses 4.1.1 - 4.1.13) which have been subjected to unauthorised marking defacing or tampering of any kind regardless of whether such marking, defacing or tampering has in any way contributed to the Fault.
5. Parts Used or Replacement Units
5.1 All parts or units diagnosed to be Faulty that are subsequently replaced by functioning parts or units become the property of KMBSA.
5.2 Parts or replacement units provided by KMBSA in performance of these terms and conditions may at the discretion of KMBSA be new or refurbished products and may be from sources other than the OEM. Replacement of the Product or a part does not extend or restart the warranty period set out in clause 2.1.
6. Customer Responsibilities
6.1 Registration
6.1.1 The Customer undertakes to Register the Product within ninety (90) days of purchase.6.2 Regular User Maintenance
6.2 Regular User Mintenance
6.2.1 The Customer agrees to install the Product and perform regular maintenance as set out in the Product Addendum.6.3 Collection of Faulty Product.
6.3 Collection of Faulty Product
6.3.1 The Customer agrees to ensure that any Faulty Product to be returned or collected by or on behalf of KMBSA in accordance with this Exchange Warranty includes all packaging, Software, Consumables and documentation provided with or in relation to the Product.
6.4 Site Access
6.4.1 The Customer agrees to permit prompt access to equipment in order for KMBSA to perform its duties under these terms and conditions.
6.4.2 The Customer agrees to notify KMBSA if the Product is being used in an environment that poses a health hazard to KMBSA employees or its subcontractors.
6.4.3 The Customer assumes full responsibility to backup, secure or otherwise protect its data against loss, damage or destruction before services are performed.
6.5 Troubleshooting Assistance
6.5.1 The Customer agrees to perform actions as directed by KMBSA in order to properly diagnose Faults before shipping the Faulty unit to KMBSA or its ASPs or before (if applicable) an on-site service is arranged.
7. Costs
7.1 KMBSA and its ASPs may seek reimbursement of any costs incurred by them if the Product is found to be in good working order.
Software Licence
PLEASE READ THIS LICENCE CAREFULLY BEFORE INSTALLING OR USING ANY KMBSA OR KMBSA SUPPLIED SOFTWARE.
BY INSTALLING THE SOFTWARE OR USING ANY PRODUCT THAT CONTAINS THE SOFTWARE YOU CONSENT TO BE BOUND BY THIS LICENCE. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS LICENCE (A) DO NOT INSTALL OR USE THE SOFTWARE AND (B) YOU MAY RETURN THE PRODUCT AND ALL ACCOMPANYING SOFTWARE TO THE PLACE OF PURCHASE FOR A FULL REFUND OR CREDIT ACCORDING TO THE POLICY OF THE AUTHORISED RESELLER FROM WHOM THE PRODUCT WAS PURCHASED. YOUR RIGHT TO RETURN THE PRODUCT EXPIRES AFTER 30 DAYS FROM THE DATE OF PURCHASE FROM AN AUTHORISED RESELLER AND APPLIES ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCT. YOU ASSUME RESPONSIBILITY FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE PRODUCT.
- In consideration of payment of the licence fee, which is part of the purchase price of the Product, and subject to the terms and conditions set out below, KMBSA grants to the Customer a non-exclusive licence to use the Software subject to the following conditions:
- Unless otherwise expressly provided in the accompanying documentation, Customer shall use the Software solely as embedded in or for execution on the Product.
- Customer may not distribute, rent, sub-license or lease the Software.
- Except to the extent that applicable laws prevent KMBSA restraining Customer from doing so, Customer may not alter, modify or adapt the Software, including but not limited to, translating, decompiling, disassembling, creating derivative works or reverse engineering or permit a third party to do so.
- The Software may be duplicated or copied only as specified in the accompanying documentation for Customer's own personal use including making back up copies as may be necessary for Customer's lawful use of the Software provided all copies bear all copyright, confidentiality and proprietary notices contained on the original Software. The Software may not be duplicated for the purposes of resell or distribution.
- Purchase of this Licence does not transfer any right, title or interest in the Software to Customer except as specifically set forth in this Licence.
- The Software, or portions of it, may have been developed by a third party which holds copyrights and other proprietary rights to the Software. Customer agrees that any such third party is a third party beneficiary to this Licence and, as a result, may enforce any terms of this Licence.
- Title to the Software remains the property of KMBSA and its licensors
as applicable.
This Licence is effective until terminated. Customer may terminate this Licence at any time. This Licence and Customer's right to use the Software automatically terminate if Customer fails to comply with any term of this Licence. In the event of termination, Customer will either return all copies of the Software to KMBSA or with KMBSA's consent, provide KMBSA with a certificate of destruction of all copies.
General Terms Applicable to the Exchange Warranty Terms and Conditions and the Software Licence
1. To the full extent permitted by law but subject always to clause 2 below:
1.1 KMBSA will not be liable for loss of data or information stored on any media or any part of the Product, or for any loss or damage arising from loss of use, loss of profits or revenue or for any resulting indirect or consequential loss or damage (no matter how arising including without limitation in contract, tort or negligence);
1.2 KMBSA's aggregate liability in respect of all claims (no matter how arising including without limitation in contract, tort or negligence) under the Exchange Warranty and the Licence will not exceed the original purchase price of the Product or, at KMBSA's option, the cost of replacing the Product.
1.3 KMBSA excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.
2. Certain legislation in certain jurisdictions may imply warranties or conditions or impose obligations on KMBSA which cannot be excluded, restricted or modified, or only to a limited extent. If such statutory provisions apply, to the extent to which KMBSA is able to do so, KMBSA limits its liability under any term, condition or warranty implied by law to:
2.1 in the case of goods, and at KMBSA's option, the replacement of the goods or the supply of equivalent goods, the repair of the goods or the payment of the cost of replacing the goods or acquiring equivalent goods; and
2.2 in the case of services, and at KMBSA's option, to resupplying the services or paying the cost of having the services resupplied.
