Last Updated Date: January 15, 2015
All products, software, and services (“Products”) provided by BLACK DIAMOND ADVANCED TECHNOLOGY, LLC (“BDATECH”) or its representatives are warranted in accordance with the applicable limited warranty below (“Warranty”). The Warranty is effective only upon payment in full for the Product(s) to be warranted and extends only to the original purchaser or, for Products purchased from an integrator, reseller, dealer, or OEM, to the original end-user (as applicable, “Buyer”). No employee, agent, dealer, reseller, integrator, or other person is authorized to modify, vary, or extend the Warranty or to assume for BDATECH any other liability in connection with its Products.
Products manufactured by BDATECH are warranted to conform to BDATECH’s written specifications at time of shipment from its factory and to be free from defects in materials and workmanship under normal use in a typical operating environment for the applicable Warranty period specified below. BDATECH written specifications are defined at http://www.bdatech.com, which establishes the limits of operation for the Products. Use beyond specified limits constitutes Neglect/Abuse as specified herein. Display brightness may degrade over time based on use and environmental conditions. Display light degradation, rate of degradation and display brightness are not covered by this limited warranty.
|APEx Predator System (APS) Electronics||Agile Port Expander (APEx), End User Device (EUD)||1 Year|
|Modular Tactical System (MTS) Electronics||Tactical Mission Controller (TMC) (except internal battery), Universal Tactical Display (UTD), Tactical I/O Expansion Hub, Radio Power Wedge||3 Years|
|Accessories||Internal batteries, external batteries, cables, fabrics, commercial port adapters||90 Days|
BDATECH software is warranted to perform substantially in accordance with the operational featured of its published specifications as a set out in the applicable user manual when installed and used in accordance with the applicable manuals and end user license agreement for a period of twelve (12) months from date of installation. BDATECH does not warrant that the function of the software will meet Buyer’s requirements or that operation will be uninterrupted or error free. Buyer assumes responsibility for selecting the software to achieve its intended results, for the use and results obtained from the software, and for providing and maintaining current back-ups and industry standard, updated, virus protection and firewall programs for all systems and data. Except as stated above, all software is provided “AS IS”.
Third party Products & Accessories
Products or not manufactured by BDATECH, including without limitation third party software, accessories, attachments, batteries, peripherals, adaptor cables, and mounting apparatus provided or used in conjunction with BDATECH’s Products, are warranted, if at all, only by the original manufacturer and only if and to the extent set forth in the original manufacturer’s warranty. BDATECH will not be liable for any damage or loss of any nature with respect to such third party Products, for failure of any such supplier to perform under its warranty. Technical support for O/S (operating system) related issues are available directly from the O/S manufacturer.
BDATECH warrants that services provided by BDATECH will be performed in a professional and workmanlike manner. Any claim for breach of this warranty must be reported within fifteen (15) days from completion of the relevant services. Seller provides no warranty with respect to any oral representations made by its personnel while performing services.
To exercise the warranty, Buyer must obtain a Return Material Authorization from BDATECH and return the Product freight prepaid to BDATECH’s designated repair facility within 7 days after receipt of the RMA number. Products returned within the applicable warranty period and found to be defective by factory inspection will be repaired or replaced, at BDAT’s option and without charge, and returned to Buyer freight prepaid. Any replacement of Products or components may be made by substitution of new, serviceably used, or refurbished replacements reasonably comparable in function and performance to the original part or product. The repaired or replaced Product is then warranted for the balance of the original warranty period or 30 days from date of shipment, whichever is longer. Purchasing additional add-on products from BDATECH does not extend the Warranty period. In the case of services, BDATECH’s sole obligation is to re-perform any non-conforming services. BDATECH will not be responsible for any other costs or charges, including without limitation costs of dismantling, disassembly, de-installation, removal, or reinstallation. if BDATECT is not able, using reasonable efforts, to correct or remedy a defect, BDATECH’s sole obligation will be to refund an equitable portion of the purchase price paid to BDATECH for the Product. Service required beyond the normal scope of warranty (see Exclusions below) or after expiration of the warranty period will be billable repairs, and BDATECT will charge Buyer its then-current rates and prices for parts, labor and transportation or, upon request, will furnish quotes for prepaid service contracts for further service and support. Buyer may also be billed for costs of testing and inspection of returned Products with no trouble found. It is Buyer’s responsibility to back up all files before returning Products to BDATECH for service. BDATECH IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR FOR PROPRIETARY INFORMATION LEFT ON THE UNIT.
BDAT’s Warranty does not cover items normally consumed in operation or having a normal life inherently shorter than the Warranty period herein or defects or problems caused by Buyer’s acts (or failure to act), the acts of others, or other events beyond BDAT’s reasonable control. Without limiting the foregoing, any Warranty claim, support claim, or liability is excluded, and Buyer will be solely responsible, for any problem, failure, malfunction, defect, claim, damage, liability, or safety issue arising out of (1) accident, tampering, misuse, mishandling, Neglect/Abuse (see below), or extraordinary wear and tear, including without limitation damage in transit or storage or introduction of liquid or other foreign matter into the unit; (2) misapplication, improper use, or other failure to follow BDAT’s instructions and safety precautions, including without limitation maladjustment of customer controls or any use or storage of Products outside of normal or specified operating or environmental conditions or specifications or in a manner not authorized in the Product documentation; (3) repairs, modifications, adjustments, or installation of options or parts by any person or entity other than a BDATECH authorized service center; (4) damage, defects, problems, malfunctions, or failures of, or created by, any non-BDATECH Products, software, services, system components, accessories, or attachments or their interface with BDATECH’s Products; (5) acts of God, flood, fire, computer viruses, excessive or inadequate electrical power, connection shortages, power surges, or other irregularities or causes external to the Products; (6) latent defects discovered after expiration of the applicable Warranty period. Modification, disassembly, rewiring, re-engineering, and/or repair of Products other than by or as specifically authorized by BDAT in writing is prohibited and will void all warranties. Buyer is responsible for validation of each specific Product application and any use of Products as a component of, physically installed on, or in conjunction with other Products or attachments not supplied or specified by BDATECH for such purpose, including all necessary testing and qualification, and must put in place all necessary systems and protections to ensure that any failure or defect relating to the Products will not result in other or further liability, damage, or safety issues. BDATECH’s responsibility will in all events be limited to repair or replacement of the failed or defective BDAT Product(s) as provided in this Warranty and will not include any further liability for or arising out of any non- BDATECH Products in which or with which BDATECH’s Products may be installed, combined or used.
BDAT does not accept Product returns once title has transferred, unless defective in materials or workmanship. All returns require a Returned Material Authorization (“RMA”) number, which may be obtained from BDAT customer service at www.bdatech.com/support or by calling 480-939-2339. The RMA number is valid for 7 days from issuance and should be clearly marked on the exterior of the shipping container and all enclosed shipping documents. Products returned without an RMA number may be returned to Buyer freight collect. Returned items should be shipped by Buyer freight prepaid and properly boxed to prevent damage in transit. A Buyer purchase order (“PO”) may be required where Buyer requests an expedited exchange; BDATECH will issue a credit against the PO upon receipt of returned items per the RMA instructions. BDATECH WILL NOT ACCEPT C.O.D. PARCELS. For returned items covered by Warranty, return transportation will be prepaid by BDATECH. For items not under Warranty or returned with no fault found, return transportation, insurance, and handling costs will be charged to Buyer, and a PO will be required for non-warranty service and repairs.
TO THE FULL EXTENT ALLOWED BY LAW, THE WARRANTY AND REMEDIES HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, OR LIABILITIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WILL BDATECH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT LOSSES, COSTS, OR DAMAGES, HOWEVER CAUSED, WHETHER OR NOT FORSEEABLE, AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF BUSINESS OR PROFITS, DAMAGE TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY, OR LOSS OF OR COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING PROGRAMS OR DATA. BDATECH’S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE, REGARDLESS OF CAUSE, WILL IN NO EVENT EXCEED THE PURCHASE PRICE RECEIVED BY BDATECH FOR THE PRODUCTS GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
This Warranty also applies to BDATECH Products shipped to countries outside the United States. International Buyers are responsible for all customs duties, VAT, brokerage fees, and other associated taxes and insurance charges. Additional processing time may be required for BDATECH repair of Products received from international Buyers. Prior to return shipment of Product, Buyer must coordinate with BDATECH regarding any necessary paperwork which must be completed and/or accompany shipment for export controlled Products.
Certain Legal Limitations
The Warranty gives Buyer specific legal rights which may vary based on local law. When, under applicable law, implied warranties are not allowed to be excluded in their entirety, such warranties will be limited to the duration of the applicable written Warranty and, for European customers, any terms herein limiting BDAT’s liability shall not apply insofar as they conflict with mandatory statutory provisions of the Product Liability Act. No employee, agent, dealer or other person is authorized to modify, vary, or extend BDAT’s warranties as set out herein or to assume for BDAT any other liability in connection with the Products. Warranties are limited to those in effect on the date of product purchase, BDAT may alter or terminate its applicable warranties for future product sales at any time, without prior notice.
Neglect/Abuse of Products will be determined by BDATECH’s repair center in its sole judgment. All service and repair actions required as a result of Neglect/Abuse are billable repairs requiring a purchase order prior to commencement of repairs. Neglect/Abuse may include, without limitation, the following:
- Improper use of Product, such as use outside the scope of written specifications
- Dirt/contamination/debris or other foreign substances in external connectors
- Bent or mutilated contacts within external connector
- Presence of liquids, debris, or other foreign substances in unsealed Products
- Unapproved modification or disassembly of Product
- Product that has been serviced by unauthorized personnel
- Defacement of manufacturing labels
- Scratched, contaminated, and/or damaged components either inside or outside the unit
- Loose or missing parts
- Broken/cracked/disfigured displays, housings, mounts or bumpers
- Torn gaskets, seals, o-rings or other flexible parts
- Damaged/cut/severed external cables
- Crushed or severed connector
- Use of abrasive cleaners or other unapproved cleaning materials
- Damage to painted surfaces or touch screens due to physical abuse or excessive use
- Connection of Product to unapproved power source
- Exposing Product to input voltage outside published specification limits
- Charred or melted Product and/or parts
- Product exposed to natural disasters or chemical, biological, radiological or nuclear contamination
- Product improperly packaged for shipping or ESD (Electro Static Discharge).
If a problem with your Product Develops during or after the warranty period please contact BDAT Support
You may also contact BDAT at 1-480- 939-2339 or firstname.lastname@example.org. If the problem is not handled to your satisfaction, please write to:
Black Diamond Advanced Technology, LLC.
2301 E Yeager Dr., Suite 8
Chandler, AZ 85286, USA