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Quiet Events Equipment Warranty

Warranty

  1. 1.1 Quiet Events warrants that each new and used equipment will be free from defects in material and workmanship for ninety (90) days from the date of shipment from Quiet Events.  Extended Warranty packages are available for purchase.

  2. 1.2 In the event of any defect in materials and workmanship, Quiet Events or its agent will, repair the defect or replace those parts of the equipment affected by the defect. Any equipment or part repaired or replaced under this warranty will be warranted on the same terms and conditions for the remainder of the original warranty period only.

  3. 1.3 This warranty only applies where:

    1. the equipment has received normal use and service;
    2. Buyer notifies Quiet Events in writing of the existence and nature of any claim under this warranty within seven (7) days of the defect first becoming apparent;
    3. Quiet Events or its agent is given the opportunity to inspect the equipment immediately after the defect is discovered; and
    4. the equipment has been installed, used, adjusted, modified, operated, repaired, maintained and stored in accordance with the instructions set out in the Owner's Manual supplied by Quiet Events, as amended from time to time.

  4. 1.4 This Warranty does not apply:

    1. to any defect due to any cause beyond Quiet Events’ control including, without limitation, any defects in anything to which the equipment is affixed.
    2. to any repair work undertaken or attempted by any person in relation to the equipment without Quiet Events’ prior written consent; or
    3. if any parts other than original parts and software are installed in or on the equipment, and these parts and software are, in Quiet Events’ opinion, a cause of the incident for which the warranty claim is filed; or
    4. if any part of the equipment has physical or water damage.

  5. 1.5 Where Buyer makes any claim under this Warranty, Buyer will, at Quiet Events’ request, promptly return any defective equipment or part(s) thereof to Quiet Events. Buyer will be responsible for all costs associated with such return.

  6. 1.6 Quiet Events will not be liable for and Buyer will indemnify Quiet Events against any liability, loss, or damage (including all professional fees, and costs of investigating and litigating any claim) that may arise directly or indirectly from acts or omissions of Buyer or others acting on behalf of Buyer during installation, servicing, or repair of the equipment.

  7. 1.7 WARRANTIES NON-TRANSFERRABLE. Subsequent owners of the equipment are not entitled to claim under this Warranty unless Quiet Events has agreed in writing to extend the warranty in relation to such owners prior to transfer.

  8. 1.8 LIMITATION OF WARRANTIES. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY CONTAINED IN THE BUYER'S AGREEMENT: THE EXPRESS WARRANTIES SPECIFICALLY SET FORTH OR INCORPORATED BY REFERENCE IN THIS AGREEMENT ARE THE ONLY WARRANTIES WHICH APPLY TO THE GOODS AND/OR SERVICES FURNISHED UNDER THE AGREEMENT, AND NO OTHER WARRANTIES WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS, IMPLIED (INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) OR OTHERWISE, SHALL APPLY. UNLESS OTHERWISE PROVIDED IN BUYER'S AGREEMENT OR ACKNOWLEDGEMENT, ANY SPECIFICATIONS ATTACHED TO OR FURNISHED WITH GOODS SOLD UNDER THE BUYER'S AGREEMENT ARE DESCRIPTIVE AND ARE NOT INTENDED AS WARRANTIES.

  9. 1.9 LIMITATION OF USE. The equipment shall not be used in any fashion other than as set forth in the Buyer's Order. IF BUYER FAILS TO COMPLY WITH THE PRECEDING SENTENCE, THE SELLER DISCLAIMS ALL LIABILITY OF EVERY KIND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF SUCH USE, AND, IN ADDITION, BUYER SHALL INDEMNIFY AND HOLD HARMLESS SELLER FOR ANY LIABILITY, LOSS OR DAMAGE OF ANY NATURE WHATSOEVER ARISING OUT OF SUCH USE.

Liability:

  1. 2.1 All warranties (other than the Warranty contained in clause 8 of these terms and conditions), descriptions, representations, or conditions, whether implied by law, trade custom, or otherwise are, and all other liability of Quiet Events, whether in tort (including negligence), contract, or otherwise is expressly excluded to the fullest extent permitted by law.

  2. 2.2 Products sold under these terms with respect to which losses or damages are claimed. In no event will Quiet Events be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings, or other incidental or consequential damages to the full extent such may be disclaimed by law. No action will be brought for any breach of this Agreement more than one year after the accrual of such cause of action. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer.

  3. 2.3 While Quiet Events makes every effort to ensure the accuracy of any advice, recommendations, information or assistance ("Advice"), Quiet Events does not accept any liability and Buyer hereby indemnifies Quiet Events in respect of the Advice.

  4. 2.4 Quiet Events expressly disclaims responsibility for any third party vendor's equipment quality, equipment compatibility, or failure to integrate. The warranties stated herein specifically and solely cover Quiet Events products.

No License/Patent Rights

  1. 3.1 The sale of the equipment and software does not convey any license or right to Buyer (whether expressly, by implication, estoppel or otherwise), and Buyer is therefore not entitled to manufacture, assemble, copy, reproduce, or imitate the equipment and software or any of its components or the designs thereof including but not limited to intellectual property such as any Quiet Events logos or designs.

  2. 3.2 Buyer's purchase does not convey by implication or otherwise any licenses under any patent, domestic or foreign. Quiet Events makes no representation or warranty that the use of any material, equipment, or technical information furnished hereunder will not infringe any patent, trademark, copyright, trade secret, or other proprietary interests of any third party, and it shall be the Buyer's sole responsibility to make such determination as is necessary with respect to other rights of third parties. Quiet Events shall not be held to any liability with respect to any claim made by any third party on account of, or arising from the use of such material, equipment, or technical information.

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