WARRANTY TERMS & CONDITIONS

General Terms

These Limited Warranty Terms and Conditions (“Terms and conditions”) cover services provided by ORBITVU to customers (“Customers”) who have purchased hardware and/or software products (“Products”) from ORBITVU sp. z o. o. (“ORBITVU”) or from ORBITVU’s authorized resellers.

Unless otherwise specified in another written agreement, signed by authorized ORBITVU personnel, these Terms and Conditions constitute the complete and exclusive agreement regarding the warranty and service terms and conditions of ORBITVU branded Products. These Terms and Conditions supersede any prior agreements or representations—including representations made in ORBITVU sales literature or advice given to Customer by ORBITVU, an ORBITVU authorized reseller, or employee thereof—that may have been made in connection with Customer’s purchase of the Product.

These Terms and Conditions will be governed by the laws of the U.S. state of Georgia.

ORBITVU may in its sole discretion modify the Terms and Conditions at any time and from time to time. If any provision of these Terms and Conditions is held invalid by any law or regulation of any government or by any court, such invalidity will not affect the enforceability of other provisions in these Terms and Conditions.

Limited Hardware Warranty

ORBITVU warrants that each Product is free from defects in materials and workmanship.

ORBITVU warrants, that at ORBITVU’s own discretion, it will provide new Customer Replacement Parts to be replaced by customer (see CRP definition below), or repair the Product by itself, or exchange the Product for a new one, without any charge to Customer, each Product failing to function properly, under normal use during the Limited Warranty Period (the “Limited Warranty”).

Normal use means 5 working days a week and 8 working hours per day.

The “Limited Warranty Period” starts on the date of Product shipment to the customer directly from ORBITVU or from authorised reseller.

Limited Hardware Warranty Period for all hardware products is 12 month under normal use.

The Warranty can be optionally extended (by purchasing warranty extension option), provided that the total warranty period is not bigger than 3 years, the warranty is continuous and that the extension option is purchased prior the previous Warranty Period has expired.

Customer may be required to provide proof of purchase as a condition of receiving warranty service. This Limited Warranty is extended to the original end-user purchaser only and is not transferable.

Limited Warranty is NOT in effect until ORBITVU, or its authorised reseller receives full due amount of purchase invoice.

Any Product, which ORBITVU has authorized to be replaced or repaired must be returned to ORBITVU or indicated by ORBITVU repair service, at Customer’s expense. Once ORBITVU or repair service receives the Product it will be repaired – and shipped back to the Customer, at ORBITVU’s expense. ORBITVU is obliged to repair or to replace the Product – within 10 working days from the date of it`s reception.

ORBITVU reserves the right, at its sole discretion, to refund the purchase price instead of replacing the Product.

Customer Replacement Part (CRP)

The Customer Replaceable Part (the CRP) applies to product failure where the identified defect is related to a part that can be, as determined by ORBITVU, self-serviced by Customer. The CRP may include motor drives, power supplies, and/or whole chassis replacements. ORBITVU will provide detailed instructions on replacement of the CRP in a form of printed instructions and/or online tutorial videos and/or online manuals and instructions. The customer is obliged to send – the broken part at it’s own expense to ORBITVU. ORBITVU will ship the CRP to the customer within 5 working days from the date the broken part was received at its own expense. In special situations, ORBITVU at its own discretion may accept to send CRP before it received the broken part from the customer.

On-Site Services

ORBITVU may, at its sole discretion, determine if a defect can be repaired in one of the following ways:

• Remotely
• By the use of CRPs, and customer performing a self-service repair
• By a service call at the location of the defective unit

If ORBITVU ultimately determines that an on-site service call is required to repair the defect, Customer will provide to the personnel providing the Services, at Customer’s expense and at the scheduled: (i) full and free access to the Products and the use of any product, attachment, documentation, software, diagnostics or other equipment necessary to provide Service; and (ii) adequate and safe working and storage space and facilities as reasonably needed by personnel providing Services, including, without limitation, adequate heat, light, ventilation and electrical current and outlets. Customer will be solely responsible to move furniture, equipment, stored materials or any other objects as required while Services personnel are at Customer’s premises.

Exclusions

ORBITVU will have no obligation to provide any warranty or Services for, or may in ORBITVU’s sole discretion charge additional fees for: (a) altered or modified Products or Products from which the serial number or any warranty seal has been removed or that have been damaged or rendered defective; (b) Products that are damaged as a result of repairs by anyone other than ORBITVU or its Service Provider, accident, misuse, abuse, or other external causes or not related to any Product error; (c) Products used other than as specified in the ORBITVU user’s manual or specifications or operated outside the usage parameters stated in the user documentation;

Wearing parts, which are subject of wearing out during normal use, such as, but not limited to: friction wheels, acrylic pads, backgrounds, fluorescent light tubes, etc. are excluded from the warranty, if their function degrades due to normal wear out.

Limited Software Warranty and Maintenance Support

ORBITVU warrants that the software functionality for specified Products will substantially conform to its published specifications, for specified hardware (PC, camera make and model) and operating system version, for a period of time of 12 month from the date of purchase.

This limited warranty extends only to the end customer as the original licensee.

ORBITVU, will identify, under it’s own discretion, following software issues:

• critical bugs – software issues which do not allow to use hardware or software
• non critical bugs – software issues which do not preclude software and hardware from being used
• feature requests – requests for software improvements

During this Limited Software Warranty period, ORBITVU will provide to it’s customers software support and maintenance services:

• phone software support during it’s business hours: 9am – 5pm EST
• e-mail software support – ORBITVU will respond to any e-mail support requests within 2 working days sent to e-mail: support@orbitvuusa.com
• web technical support –  online support on a dedicated web site
• free software updates and upgrades from dedicated web site
• critical bug fixes
• non critical bug fixes
• feature updates

Customer will report software issues, providing all necessary information, needed to identify the issue by ORBITVU. Minimal information required:

• Issue description: expected behaviour and erroneous behaviour, steps necessary to reproduce the issue
• Software version
• Operating System type and version
• Digital camera make, model and firmware version (in case the issue may be camera related)
• ORBITVU Hardware product model and firmware version (in case the issue may be ORBITVU Hardware related)

ORBITVU will provide following software support for specific software issues:

• critical bugs – ORBITVU, at it’s own discretion, will provide a new software version (update) within 10 working days from the issue report, or will provide information about new hardware/software configuration, which will fix the issue.
• non critical bugs – ORBITVU will fix the issue within next major software upgrade
• feature requests – ORBITVU will decide, upon it’s own discretion, whether and when to provide updated software version, which will include the new feature

Upon request, Customer will provide to ORBITVU remote access to a computer with installed software for further investigation.

Exclusions

Software specifically developed or modified according to specific customer requirements, is not covered by this warranty terms and conditions and is subject to a specific agreement with a customer.

Orbitvu reserves the right to provide the support only for the latest versions of the software: current and previous major version numbers.

Third Party Software is included in the Software. Third Party Software is any third party, free or open source software or software component provided by ORBITVU but separately licensed. ORBITVU may not be able to provide maintenance support nor warranty for third party software.

Data and Privacy

IT IS CUSTOMER’S SOLE RESPONSIBILITY TO MAKE BACK-UP COPIES OF IT’S DATA AND TO ENSURE THAT ALL OF ITS DATA ARE ADEQUATELY DUPLICATED. BEFORE ALLOWING SERVICE OF ANY PRODUCT, CUSTOMER MUST BACK-UP DATA AND REMOVE ANY OF CUSTOMER’S CONFIDENTIAL, PROPRIETARY, OR PERSONAL INFORMATION. NEITHER ORBITVU NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY CONFIDENTIAL OR PRIVATE INFORMATION OR DATA CONTAINED IN ANY PRODUCT, HARDWARE, SOFTWARE OR MEDIA. NEITHER ORBITVU NOR ITS SERVICE PROVIDERS WILL HAVE ANY LIABILITY ARISING OUT OF ANY DAMAGE TO OR LOSS OF SUCH DATA WHILE THE PRODUCT IS IN ORBITVU OR THE SERVICE PROVIDER POSSESSION.

Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, ORBITVU MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORBITVU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET THE CUSTOMERS’ REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. ORBITVU LIMITS ITS OWN AND ITS SERVICE PROVIDER’S LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of Liability

UNDER NO CIRCUMSTANCES WILL ORBITVU, ITS SERVICE PROVIDER OR EITHER’S AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, INCONVENIENCE, DELAY, PROFITS, USE OF MONEY.

ORBITVU’S AND THE SERVICE PROVIDER’S ENTIRE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR CLAIMS RELATED TO OR ARISING OUT OF THESE TERMS AND CONDITIONS FOR ANY CAUSE AND DESPITE THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, STATUTORY OR OTHERWISE, INCLUDING NEGLIGENCE AND STRICT LIABILITY, WILL NOT EXCEED THE AMOUNT OF THE SERVICE FEES THAT CUSTOMER PAID TO ORBITVU DURING THE PARTICULAR TERM IN WHICH SUCH DAMAGE OCCURRED. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF CUSTOMER HAS ADVISED ORBITVU OR ITS SERVICE PROVIDER OF THE POSSIBILITY OF ANY SUCH DAMAGES.