KVM Extenders Warranty
A. Limited Warranty Statement
1. Matrox Graphics Inc. ("Matrox") warrants to the end-user customer, who provides adequate proof of purchase and payment that Matrox KVM Extenders (the "Products") purchased from Matrox or Matrox authorized dealers will be free from defects in materials and workmanship under normal use for a period of two (2) years from the date of purchase by the original end-user purchaser. This warranty applies only to the original end-user purchaser and is non-transferable. MATROX DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS PURCHASED FROM MATROX WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED, OR THAT THE PRODUCTS WILL MEET THE CUSTOMER'S REQUIREMENTS OR PERFORM WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES. Conditions and limitations of Matrox's warranty are stated below.
2. Matrox's limited warranty applies only to Products manufactured by or for Matrox. The limited warranty does not apply to any non-Matrox hardware products or any software, even if packaged or sold with Matrox Products. Manufacturers, suppliers or publishers other than Matrox may provide their own warranties to the end-user purchaser, but Matrox, insofar as permitted by law, provides their products "as is". Software provided by Matrox is not covered under this limited warranty (please refer to the licensing agreement accompanying the software for details of your rights with respect to its use).
3. Matrox's limited warranty covers only those defects which arise as a result of normal use of the hardware and does not apply to any damage which arises from:
a. improper or inadequate maintenance;
b. incompatibilities due to the user's hardware or software applications, including non-Matrox products, with or in which the Matrox Product interfaces;
c. Product of a special or custom-made nature;
d. unauthorized modification or misuse, including physical damage to the Product caused by the end-customer;
e. improper installation, abuse, misapplication or negligence;
f. failure to follow instructions relating to Product's use;
g. operation outside the Product's environmental specifications;
h. improper site preparation or maintenance;
i. software;
j. service performed by anyone who is not a representative of Matrox;
k. other causes that do not relate to a Product defect;
l. defects or damage suffered as a result of force majeure (including theft);
m. defects or damage suffered as a result of normal wear and tear; and/or
n. stolen goods.
4. If Matrox receives, during the applicable warranty period, notice of a defect in a Product and the defective Matrox Product in question, Matrox shall at its sole option, either i) repair the defect using new or refurbished parts and return the repaired Product within a reasonable delay; or ii) replace the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product and send such replacement Product within a reasonable delay.
5. A replacement Product or part assumes the remaining warranty of the original Product. When a Product or part is replaced, any replacement item becomes your property and the replaced item becomes Matrox's property.
6. This warranty is valid in any country where Matrox Products are distributed by Matrox or its authorized dealers.
7. This limited warranty gives the customer specific legal rights. The customer may also have other rights which vary from state to state in the United States, from province to province in Canada, and from country to country elsewhere in the world.
B. Limitations of Warranty
1. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS.
NEITHER MATROX NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO MATROX PRODUCTS. MATROX SPECIFICALLY DISCLAIMS (AND THE CUSTOMER, BY ACCEPTING THE MATROX PRODUCT, SPECIFICALLY ACCEPTS SUCH DISCLAIMER AND WAIVES) ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR INTENDED PURPOSE OR USE AND THE WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO THE HARDWARE AND/OR SOFTWARE. MATROX FURTHER DISCLAIMS ANY WARRANTY THAT MATROX PRODUCTS, IN WHOLE OR IN PART, WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY PATENTS, OR PROPRIETARY RIGHTS.
2. To the extent that this limited warranty is inconsistent with the law of the locality where the customer purchases the Matrox Product, this limited warranty shall be deemed modified to be consistent with such local law. Under such local law, certain limitations of this limited warranty may not apply to the consumer. If Matrox cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by Matrox at its sole discretion.
3. Matrox disclaims any representation that it will be able to repair any Product under this warranty or make a Product exchange without risk to or loss of the programs or data.
4. To the extent allowed by local law, the remedies provided in this limited warranty are the customer's sole and exclusive remedies.
C. Limitations of Liability
1. EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY, IN NO EVENT SHALL MATROX BE LIABLE FOR:
a. any direct, indirect, special, incidental, consequential, foreseeable or unforeseeable, or punitive damages, whether based on contract, tort, delict or any other legal theory and whether advised of the possibility of such damages; and/or
b. damages arising from the loss of use, data, production revenue, use of money, anticipated savings, business, opportunity, goodwill, reputation and/or profit in connection with the Matrox Product or any business interruption.
2. Without prejudice to the foregoing, any liability of Matrox for any breach of warranty shall be limited to the amount paid by the customer for the defective hardware in question.
3. To the extent allowed by local law, Matrox's entire liability and the customer's exclusive remedy shall be the repair or replacement of any defective Product during the warranty period. Matrox does not offer any other warranty with respect to Matrox hardware or software or any other hardware or software.
4. Customer shall be responsible for all applicable taxes, duties and customs fees on any replacement unit, as well as all transport, insurance, storage and other charges incurred on all returned Products.
D. Obtaining Service
1. Verify that your Matrox Product was installed and configured according to the information in its accompanying documentation.
2. Read the "Troubleshooting" information included with the Matrox Product to see if you can solve the problem yourself.
3. If you are still experiencing difficulties, please contact your dealer where you purchased your Matrox Product.
4. If you must return a Matrox Product, leave the configuration as it was when you were using it, and leave all identification stickers on the Product. Pack the Product in its original box and return to your Matrox dealer where the Product was purchased, together with your proof of purchase. Your Matrox dealer will return the Product for you. Alternatively, if this first option is unavailable to you, you may contact the Matrox Technical Support group who will issue a Return Merchandise Authorization (RMA) number, upon receipt of adequate proof of purchase, and inform you of shipping instructions. DO NOT RETURN THE PRODUCT TO MATROX WITHOUT MATROX'S RMA NUMBER AND EXPRESS AUTHORIZATION.
E. General
1. This limited warranty shall be governed by the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein and the courts of the Province of Quebec shall have exclusive jurisdiction to hear and decide any dispute instituted by the customer in connection with this limited warranty; the customer waives, by accepting the product, its rights to institute proceedings in connection with this warranty against Matrox in any jurisdiction other than Quebec.
2. Except as may be expressly agreed to the contrary in a signed written agreement between you and Matrox, i) any written or oral information or advice given by Matrox's distributors, agents or employees will in no way increase the scope of the limited warranty contained in this limited warranty; and ii) this limited warranty states the only warranty made to you by Matrox with respect to the units of product that you have purchased, and the terms of this limited warranty shall override the terms of any purchase orders and any other terms and understandings you may seek to apply in respect thereof.
3. This limited warranty is personal to you and cannot be assigned or transferred without Matrox's prior written agreement.
4. The failure by Matrox to enforce any of the provisions of this limited warranty shall not constitute a waiver of Matrox's rights to enforce such provision or any other provision of this limited warranty in the future.
5. If any clause in this limited warranty is held by a court of law to be illegal or unenforceable the remaining provisions of this limited warranty shall not be affected thereby.