1.1 This voluntary warranty applies to all Jayex Equipment manufactured by or on our behalf and which is supplied to you pursuant to the terms of the EULA and General Terms. We do not warrant that the Jayex Equipment complies with the laws, regulations or standards outside the UK.
1.2 This warranty is to be read in conjunction and is incorporated into and forms part of the terms set out in our EULA and General Terms and SLA.
1.3 Subject to (i) the remaining provisions of this warranty and (ii) payment by you of all fees and payments due by you to us under the terms of the EULA and General Terms (including any fees due in respect of the provision of this warranty), we hereby warrant that the Jayex Equipment shall be free from material defects in design, material and workmanship for a period of 12 (twelve) months from and including the earlier of:
1.3.1 The date of completion of the Installation; and
1.3.2 the date which falls 14 days from and including the date of delivery of the Jayex Equipment (as determined in accordance with clause 3.2 (i) of the EULA and General Terms) (“Warranty Period”).
1.4 Any phrase in this warranty document introduced by the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.5 Any terms used but not defined in this warranty shall have the meaning ascribed to them in the EULA and General Terms.
2.1 Unless we otherwise agree (which we may in our sole and absolute discretion refuse) the warranty in clause 1.3 does not apply to any defects in design, material and workmanship caused by or arising from or in connection with:
2.1.1 You making further use of the Jayex Equipment after giving notice to us under clause 3.2.1
2.1.2 fair wear and tear which shall be determined by us in our sole and absolute discretion acting reasonably and in good faith;
2.1.3 wilful damage, misuse and abuse, abnormal storage or working conditions, accident, negligence by you or by any third party;
2.1.4 use of any third-party software;
2.1.5 failure to operate, use, store or maintain the Jayex Equipment in accordance with the instructions provided by us from time to time (oral or in writing);
2.1.6 any alteration or repair by you or by a third party who is not one of our authorised repairers without our prior written consent
2.1.7 any damage, malfunction, or degradation of performance caused by the use the Jayex Equipment in connection with any product, software, hardware, equipment, or supplies which are not specified by us as to be used with the Jayex Equipment;
2.1.8 the modification or integration of the Jayex Equipment with other products where the effect of such modification or integration increases the time or difficulty of servicing the Jayex Equipment or degrades performance or reliability of the Jayex Equipment; and
2.1.9 any of the matters exclusions contained or defined in clause 3.5(i) or 15.1(b)(iii) of the EULA General Terms are excluded from and not covered under the warranty.
2.2 Where we elect to provide a remedy pursuant to clause 4 in respect of Jayex Equipment in circumstances where clause 2.1 of this warranty apply then additional fees may be payable by you. We will notify you of any fees in advance.
2.3 IMPORTANT: Loss or corruption of data. Please ensure that you back up all data prior to submitting your product for warranty service because data back-up is not provided as part of the warranty service and your data may be wiped, lost or corrupted during the performance of any service provided by us pursuant to the terms of this warranty.
3.1 Prior to making a claim under this warranty you must follow the process contained in the SLA. You may only make a claim under this warranty when (i) the process under the SLA has been exhausted and (ii) we agree that the relevant Jayex Equipment does not comply with the warranty set out in clause 1.3 and (iii) we have been unable to resolve any issue with the Jayex Equipment through the provision of the Support Services.
3.2 When making a claim under this warranty you must:
3.2.1 notify us in writing of all defects and issues with the Jayex Equipment including any physical damage to the Jayex Equipment; and
3.2.2 provide us with such further information as we request, including photographs of any physical damage to the Jayex Equipment.
3.3 Subject to clause 2.1 and 3.1 if you have a warranty claim you must:
3.3.1 give us notice in writing which complies with clause 3.2 as soon as becoming aware that some or all of the Jayex Equipment does not comply with the warranty set out in clause 1.3;
3.3.2 allow us reasonable time and opportunity to inspect the relevant Jayex Equipment if we require such an opportunity;
3.3.3 If we ask you to do so, you shall return the Jayex Equipment in suitably secure and safe packaging to ensure that the Jayex Equipment is not further damaged in transit; and
3.3.4 If we agree to collect the relevant Jayex Equipment from you (which we may in our sole and absolute discretion agree to do) then you shall ensure that we or our agents are provided access to your premises as required to collect the relevant Jayex Equipment.
If we agree (acting reasonably) that the defect complained of constitutes a breach of the warranty set out in clause 1.3 then the provisions of clause 4 shall apply
3.4 In respect of any claim by you under this warranty, we may require you to return the relevant Jayex Equipment to us , in which case:
3.4.1 you shall at your own cost return the Jayex Equipment to us to the location nominated by us from time to time; and
3.4.2 the Jayex Equipment shall remain at your risk until received by us at the location specified by us for the return of the relevant Jayex Equipment and we shall have no liability to you whatsoever (whether in contract, tort, breach of a statutory duty or otherwise) for any damage caused to the Jayex Equipment whilst such Jayex Equipment is at your risk.
4.1 We will provide at our absolute discretion the remedies set out in clause 10(f) (i) of our EULA and General Terms. Any remedy provided to you under this warranty shall be your sole and exclusive remedy for any failure of the Jayex Equipment to comply with the warranty contained in clause 1.3 and for any other failure, defect, issue or error in the Jayex Equipment.
4.2 All repaired products and replacement products shall retain the benefit of the warranty period remaining in respect of the original product and the Warranty Period does not start again in respect of any repaired or replaced products.
4.3 In the event that we issue a replacement product under this warranty we will provide Jayex Equipment with similar features and functionality in the event that the original Jayex Equipment is no longer part of our current range or we do not have replacements available.
4.4 If we repair or replace the Jayex Equipment we shall at our cost deliver the repaired or replaced product to you to the same location to which the initial Jayex Equipment was delivered and where we installed the Jayex Equipment, we will install the repaired or replaced Jayex Equipment; such Jayex Equipment shall be at your own risk from the moment they are unloaded at the relevant delivery location.
5.1 The limitation of liability contained in clause 10 of the EULA and General Terms applies to claims under this warranty.
6.1 The warrantor under the warranty set out in this document is Jayex Technology Limited, a company registered in England and Wales. Company registration number 05569302. Registered office 13 Sovereign Park, Coronation Road, London, NW10 9QP (“we, us, our”)
7.1 You can contact us by telephoning our customer support team at 020 8838 6222 or by writing to us at firstname.lastname@example.org and Jayex Technology Limited, 13 Sovereign Park, Coronation Road, London, NW10 7QP.
7.2 If you would like to contact our support centre please see our SLA for details.
8.1 The EULA and General Terms which set out the terms and conditions upon which we licence our software for use, as well as the General Terms of sale on which we supply goods and services (“EULA & General Terms”).
8.2 The Service Level Agreements which sets out the support & maintenance services we provide you together with the working arrangements to be deployed between the us and you (“SLA”).