Terms of Warranty

 
In these Terms of Warranty:

"Customer" and "XAAR" shall mean as defined in XAAR's Terms and Conditions of Sale (2003);

"Printhead" means any printhead model manufactured by or for XAAR and sold as a XAAR product, which also bears a product serial number;

"Peripheral" means any peripheral product manufactured by or for XAAR and sold as a XAAR product, which also bears a product serial number;

"Approved Ink" means any ink or fluid which has received formal Full Warranty Approval from XAAR for use with one or more specific Printheads; and reference to Approved Ink shall mean any Approved Ink for use with the Printhead in question;

"Full Warranty Approval" of any ink or fluid shall be as notified in writing by XAAR and/or posted on XAAR's web site from time to time for the purposes of these Terms of Warranty;

"User Manual" means XAAR's technical guide entitled 'User Manual' for each Printhead, concerning the operation, maintenance and specifications of such Printhead;

"XAAR Authorised Directions" means XAAR's written directions addressed to the Customer and signed and dated by an authorised representative of XAAR.

1        Warranty

1.1      Subject to clauses 2 and 3, XAAR warrants to the Customer that Printheads and Peripherals shall be free from any material functional defects in materials or workmanship in the Printhead or Peripheral for a period of 12 months from the date of dispatch, meaning the date of notification for Ex-works collection, by XAAR to the Customer of the Printhead in question.

1.2      In addition, in respect of any Printhead or Peripheral used with ink or fluid other than Approved Ink but approved by XAAR for use with that Printhead or Peripheral, these Terms of Warranty shall not apply to any damage or failure that is deemed to have been caused by the use of this ink or fluid but XAAR may at its discretion provide such warranty to the Customer as it deems appropriate.

2        Exclusions and Conditions

2.1     THIS WARRANTY IS THE CUSTOMER'S EXCLUSIVE REMEDY IN RESPECT OF ANY PRINTHEAD OR PERIPHERAL NOT OPERATING AS SPECIFIED AND/OR DETERMINED BY XAAR TO CONTAIN FUNCTIONAL DEFECTS IN MATERIALS OR WORKMANSHIP.

2.2     EXCEPT AS EXPRESSLY SET OUT HEREIN, ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED,

STATUTORY OR OTHERWISE (INCLUDING WITHOUT LIMITATION AS TO QUALITY, PERFORMANCE, MERCHANTIBILITY OR FITNESS OR SUITABILITY FOR PURPOSE) IN RESPECT OF PRINTHEADS AND PERIPHERALS (AS DEFINED) ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

2.3     Any warranty provided in clause 1.1 shall only apply to Printheads and Peripherals which have at all times been stored, installed, used and maintained properly and reasonably and in accordance with the appropriate User Manual and any XAAR Authorised Directions, and which have not at any time been used with any ink or fluids other than Approved Ink.

2.4     XAAR is not liable in respect of any fault, defect or failure of any Printhead or Peripheral caused by or resulting from:

2.4.1      wilful neglect or negligence or improper use, storage or handling of the Printhead or Peripheral;

2.4.2      accident, misuse, use outside the parameters set out in the appropriate User Manual, fair wear and tear, disaster (including war, terrorism, lightning, fire, flood) or any other event beyond XAAR's control;

2.4.3      failure to maintain in accordance with the appropriate User Manual and any relevant XAAR Authorised Directions;

2.4.4      any faults, defects or failures of equipment or systems in which the Printhead or Peripheral in question is incorporated; or

2.4.5      any blockage to a nozzle plate except where caused due to an internal build fault.

2.5    All Printhead and Peripheral warranties shall be invalidated and of no effect if, in XAAR's reasonable opinion:

2.5.1     tampering, or unauthorised adjusting, repairing or dismantling of the Printhead or Peripheral or any part thereof, or any attempt to do the same, has occurred; or

2.5.2     the XAAR trade mark and/or product serial number has been altered, deleted, removed or made illegible.

2.6   SUBJECT TO CLAUSE 2.7, AND SUBJECT TO MANDATORY LOCAL LAWS, XAAR SHALL NOT IN ANY CIRCUMSTANCES BE LIABLE TO THE CUSTOMER WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE IN RESPECT OF ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA OR CONTRACTS OR FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE, COSTS OR EXPENSES WHATSOEVER OR HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY PRINTHEAD OR PERIPHERAL OR THESE TERMS OF WARRANTY AND REGARDLESS OF WHETHER XAAR HAD KNOWLEDGE OF THE POTENTIAL FOR ANY SUCH LOSS.

2.7    NOTHING IN THESE TERMS OF WARRANTY SHALL EXCLUDE XAAR'S LIABILITY IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR WILFUL MISCONDUCT OR IN RESPECT OF ANY FRAUDULENT MISREPRESENTATION.

2.8    These Terms of Warranty are subject to the Customer's performance of its obligations under XAAR's Terms and Conditions of Sale.

3       Warranty Obligations of the Customer and XAAR

3.1     The Customer is required to notify XAAR in writing of any warranty claim within one month of the occurrence of the fault, defect or failure in respect of which the claim is brought.

3.2     The nature and cause of any possible defects in returned Printheads and Peripherals shall be assessed by XAAR in accordance with its Returns Material Authorisation procedure, as varied by XAAR from time to time. If requested to return any Printhead or Peripheral to XAAR, the Customer shall use original packaging or a suitable alternative and if possible enclose a copy of the original sales invoice.

3.3     XAAR's sole obligation in respect of any breach of warranty under these Terms of Warranty is to repair or replace the Printhead or Peripheral or any defective part(s) of it at no additional charge to the Customer, using replacement Printheads, Peripherals or parts of similar or better condition.

3.4     Any replacement Printheads or Peripherals or parts thereof are supplied with the benefit of the remainder (as at the time of replacement) of any subsisting warranty applicable to the replaced Printhead or Peripheral or parts thereof, but are otherwise provided without any warranty whatsoever. All replaced Printheads and Peripherals and parts shall become the property of XAAR.

4       Miscellaneous

4.1    In the United Kingdom only the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Warranty.

4.2    These Terms of Warranty shall be subject to English law, and XAAR and the Customer irrevocably agree to submit to the nonexclusive jurisdiction of the English courts.