Matrox Warranty - DualHead2Go and TripleHead2Go Products
The present warranty shall only apply after the Matrox GXM System Compatibility Tool (Windows OSes) or the Compatibility Wizard (Mac OS) has been successfully completed.A. Limited Warranty Statement
| 1. | Matrox Graphics Inc. ("Matrox") warrants to the end-user customer ("Customer" or "You"), who provides adequate proof of purchase and adequate proof of system validation from the Matrox GXM System Compatibility Tool or the Compatibility Wizard (Mac OS), that Matrox hardware products purchased from Matrox authorized dealers will be free from defects in materials and workmanship for a period of two (2) years from the date of purchase by the original end-user Customer. This warranty applies only to the original end-user Customer 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 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: |
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| a. | improper or inadequate maintenance; | |
| b. | incompatibilities due to the user's hardware or software applications with or in which the Matrox product interfaces; | |
| c. | product of a special or custom-made nature; | |
| d. | unauthorized modification or misuse; | |
| e. | improper installation, misapplication or negligence; | |
| f. | operation outside the product's environmental specifications; | |
| g. | improper site preparation or maintenance; | |
| h. | software; | |
| i. | other causes that do not relate to a product defect; | |
| j. | defects or damage suffered as a result of force majeure (including theft); | |
| k. | defects or damage suffered as a result of normal wear and tear; and/or | |
| l. | stolen goods. | |
| 3. | If Matrox receives, during the applicable warranty period, notice of a defect in a warranted hardware product and the defective Matrox product in question, Matrox shall at its sole option, either repair or replace the product, and shall return the repaired product or a replacement product within a reasonable delay. The replacement product may not be new, provided that it has functionality at least equal to that of the product being replaced. | |
| 4. | A replacement product or part assumes the remaining warranty of the original product. When a product or part is replaced, any replacement item becomes the Customers'property and the replaced item becomes Matrox's property. | |
| 5. | This warranty is valid in any country where Matrox hardware products are distributed by Matrox and/or its authorized dealers. | |
| 6. | This Limited Warranty Statement 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. | 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, 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 OR PROPRIETARY RIGHTS. | |
| 2. | To the extent that this Limited Warranty Statement is inconsistent with the law of the locality where the customer purchases the Matrox product, this Limited Warranty Statement shall be deemed modified to be consistent with such local law. Under such local law, certain limitations of this Limited Warranty Statement 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. | To the extent allowed by local law, the remedies provided in this Limited Warranty Statement are the customer's sole and exclusive remedies. | |
C. Limitations of Liability
| 1. | EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY STATEMENT, 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, business, opportunity, reputation, production revenue and/or profit of 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. | |
| 5. | Matrox reserves the right to change its warranties at any time and without notice, at its sole discretion, with respect to future sales and deliveries. | |
D. Obtaining Service
| 1. | Verify that your Matrox product was installed and configured according to the guidelines and documentation available on the Matrox website for your specific Matrox Product. | |
| 2. | Read the "Troubleshooting" information available for your Matrox Product online (if present) to verify if the problem can easily be resolved by 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. Once an RMA number is issued, Product must be returned to Matrox within fourteen (14) days. | |
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. Customer hereby agrees to all terms of this warranty in the English language. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this warranty and is strictly excluded. | |
| 2. | Except as may be expressly agreed to the contrary in a signed written agreement between Customer 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. | |