Limited Product Warranty for Quasi Automated Mobile Robots
STANDARD LIMITED WARRANTY: Subject to the terms and conditions of this Limited Product Warranty, Quasi Robotics, Inc. (“QUASI”) warrants to the original purchaser (the “Customer”) of any Products sold by QUASI that:
A. For purposes of this Limited Product Warranty, a “Product” is defined as any Autonomous Mobile Robot sold by QUASI that is not more specifically covered by a different limited warranty provided by QUASI.
B. The Products are warranted for a period of twelve (12) months from the date of Product installation at the premises of the Customer or fifteen (15) months from the date of shipment by QUASI, whichever comes first (the “Warranty Period”).
C. NO LABOR. This Limited Product Warranty does NOT include labor, or any other costs incurred for service, maintenance, repair, removing, replacing, installing, complying with local building and electric codes, shipping or handling, or replacement of the Parts. For items that are designed to be maintained or replaced by the original owner, the original owner is solely responsible for all labor and other costs of maintaining, installing, replacing, disconnecting, or dismantling the equipment in connection with owner-required maintenance.
D. PROPER INSTALLATION. This Limited Product Warranty applies only to Products that are: (i) installed in compliance with applicable local and state law, (ii) installed properly in accordance with QUASI’s installation and operation instructions, and (iii) are installed in compliance with good trade practices.
E. This Limited Product Warranty does not apply to Products whose serial numbers have been altered, defaced, or removed or to Products which have been subject to damage during shipment.
F. THIS LIMITED PRODUCT WARRANTY DOES NOT COVER: (i) Products that are damaged during shipment; (ii) failure of equipment or products not supplied by QUASI (including components or software); (iii) failure of or damage to Products due to misuse (including use in other than normal customary manner), neglect, accident, improper installation, or repair, alteration or modification not performed by QUASI personnel, excessive physical or electrical stress, or operation under abnormal or improper environmental conditions or the like; or (iv) damage caused by force majeure or other factors such as power surge damage caused by lightning and fluctuations in or interruptions of electrical power. Since the machine or system on which the Product is to operate is provided by third parties, QUASI is not responsible for the operation, availability, or loss of use of the machine or system. In addition, this Limited Product Warranty does not cover normal preventive maintenance items such as fuse replacement, cleaning of the Product, problems caused by lack of preventative maintenance, improper cleaning, improper programming or improper operating procedures, or problems caused by failing to adequately inspect or maintain the product in compliance with the Maintenance and Inspection Section of the relevant product’s manual.
G. THIS LIMITED PRODUCT WARRANTY ALSO EXCLUDES: (a) service requests where no defect is found; (b) equipment or Products installation or set-ups; or (c) adjustments of controls. H. During the Warranty Period, Products determined by QUASI to be defective shall, at QUASI’s option, either be repaired at a location authorized by QUASI and returned free of labor, parts and shipping charges or replaced with an equivalent Product(s). QUASI shall only pay for shipping the Product back to customer via ground shipping. Any other shipping options shall be at the expense of Customer. Defective Products replaced by QUASI shall become the property of QUASI. Customer understands that repairs may include replacement of Product, parts or components thereof with functionally equivalent reconditioned Product, parts or components. QUASI reserves the right to make any or all Product changes it may deem necessary without prior notice to Customer. This Limited Product Warranty does not include on-site repair of Product. Customer must follow the Claim Procedures below when notifying QUASI of any covered defect.
I. THE FOREGOING SETS FORTH THE EXCLUSIVE REMEDY OF CUSTOMER AND THE SOLE LIABILITY OF QUASI FOR ANY AND ALL CLAIMS BASED ON FAILURE OR DEFECTS IN PRODUCTS COVERED UNDER THIS LIMITED PRODUCT WARRANTY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY. THE FOREGOING WARRANTY DOES NOT APPLY TO ANY PRODUCT OR SERVICE PROVIDED BY THIRD PARTIES.
J. EXCEPT AS EXPRESSLY STATED IN THIS LIMITED PRODUCT WARRANTY, QUASI MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES COVERED BY THIS LIMITED PRODUCT WARRANTY. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL QUASI BE LIABLE TO CUSTOMER OR ANY THIRD PARTIES FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR FOR ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE OF PRODUCT, LOST PRODUCTION, LOSS OF BUSINESS, COST OF SUBSTITUTE EQUIPMENT, OR FACILITIES OR SERVICE DOWN TIME.
K. This Limited Product Warranty shall not be enlarged, extended or affected by, and no obligation or liability shall arise or grow out of, QUASI providing, directly or indirectly, any technical advice, information and/or service to original owner in connection with the Product.
L. UNDER NO CIRCUMSTANCES SHALL QUASI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY RIGHTS, LOST GOODWILL, LOST REVENUES OR PROFITS, WORK STOPPAGE, PRODUCT FAILURE, IMPAIRMENT OF OTHER GOODS, COSTS OF REMOVAL AND REINSTALLATION OF THE PRODUCT, LOSS OF USE, INJURY TO PERSONS OR PROPERTY ARISING OUT OR RELATED TO THE PRODUCT WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF MEUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL MEUS’S LIABILITY EXCEED THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH ANY CLAIM IS MADE.
M. SOME STATES DO NOT ALLOW LIMITATIONS ON WARRANTIES OR EXCLUSIONS OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
N. DISPUTE RESOLUTION. For any dispute with QUASI, Customer agrees to first contact QUASI by phone 240-422-0814 ext. 3 or e-mail support@quasi.ai or U.S. Mail at:
Quasi Robotics, Inc.
321 Ballenger Center Drive, Suite 210
Frederick, MD, 21703
USA
and attempt to resolve the dispute with QUASI informally by providing Customer’s name, address, and contact information and describing the nature of the dispute. In the unlikely event that QUASI has not been able to resolve a dispute with Customer within 60 days of Customer’s original informal claim (or sooner if, in QUASI’s opinion, a dispute is not likely to be resolved within 60 days), Customer and QUASI each agrees to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Limited Product Warranty, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services (“JAMS”) located in Frederick, Maryland. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This waiver applies to class arbitration unless such arbitration is necessary to effectuate the enforcement of the court class action waiver or in the event that class arbitration is expressly agreed to by QUASI.
O. CUSTOMER agrees that CUSTOMER and QUASI are each waiving the right to a trial by jury or to participate in a class action. Customer may opt-out of the foregoing arbitration and class action/jury trial waiver provision of this Limited Product Warranty by notifying QUASI in writing within 30 days of purchase. Such written notification must be sent to:
Quasi Robotics, Inc.
321 Ballenger Center Drive, Suite 210
Frederick, MD, 21703
USA
and must include: (1) Customer’s name, (2) Customer’s address, (3) Customer’s warranted Product serial number, and (4) a clear statement indicating that Customer does not wish to resolve disputes through arbitration and demonstrating compliance with the 30-day time limit to opt-out.
P. If any clause herein is found to be illegal or unenforceable, that clause will be severed from this Limited Product Warranty and the remainder of this Limited Product Warranty will be given full force and effect. As noted above, if a class action waiver of both court and arbitration class actions is found unenforceable, class arbitration will be expressly allowed under this Limited Product Warranty.
Q. This Limited Product Warranty gives the Customer specific legal rights, and the Customer may also have other rights that vary from state to state.
R. REPAIR PROCEDURES. To submit a Product for repair under this Limited Product Warranty, please contact QUASI at support@quasi.ai or U.S. Mail at:
Quasi Robotics, Inc.
321 Ballenger Center Drive, Suite 210
Frederick, MD, 21703
USA
Prior to returning any Products to QUASI, a pre-assigned return material authorization number (“RMA”) must be obtained from the Technical Service & Support Department. Any item received by QUASI without an RMA will not be accepted and will be returned to sender at sender’s expense. Customer is required to return defective Products to the location authorized by QUASI upon issuance of the RMA for a determination by QUASI as to the application of this Limited Product Warranty. The Products shall be shipped freight prepaid by the Customer. If QUASI determines that the Product is covered under this Limited Product Warranty, the Product will either be repaired or replaced and returned without charge to Customer, return freight prepaid. If QUASI determines that Product is not defective or that the Product or its defect are not covered under this limited warranty, QUASI will advise the Customer of the reason and the cost of repairing the Product. QUASI’s determination is final.
S. No credit or other reimbursement shall be issued for any repair performed by third parties, including distributors and service centers, other than as specifically authorized by QUASI in writing.
T. The procedures described in this Limited Product Warranty may be modified from time to time by QUASI without prior notice. No waiver or alteration of any of the provisions of this Limited Product Warranty and these procedures shall be binding upon QUASI, unless made in writing and signed by a duly authorized officer of QUASI.
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Controlled Document
LPW-QR00003
Revision 1.4