“ECU TEAM” WARRANTY TERMS
ECU Team’s warrants that all ECU Team’s manufactured and re-manufactured products will be free of any defect in materials or workmanship for the period of (1) year. Warranty begins from the date of shipment from a ECU Team’s facility. The warranty is extended to customers and applies to all ECU Team’s products purchased, installed, and used for the purpose for which such product was originally designed. The above warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, or improper installation or repairs made by anyone other than ECU Team’s or a ECU Team’s authorized third-party service provider. ECU Team’s reserves the right to substitute functionally equivalent new or serviceable used parts.
WARRANTY CLAIMS AND PROCEDURES
1. During the applicable Standard Product Warranty Period outlined above, customer’s sole and exclusive remedy for any breach of the Standard Product Warranty will be, at ECU Team’s sole discretion and option, the repair or replacement of the defective product. Components that customer claims to be defective must be available to ECU Team for inspection and evaluation. To be entitled to rights under the Warranty Terms, the customer must notify ECU Team in writing within thirty (30) days after discovering a suspected defect in any product, but in any event prior to the expiration of the applicable Standard Product Warranty Period. Notice to a ECU Team dealer, systems integrator, sales representative or other third party is not notice to ECU Team. Following its receipt of any such customer notice, ECU Team will determine whether the reported problem is covered by this Standard Product Warranty. If ECU Team determines that the problem is covered, ECU Team will authorize repair or replacement of the defective product, as deemed appropriate by ECU Team in its sole discretion.
2. Before shipping any product to ECU Team, the customer must obtain a written return authorization from ECU Team, and provide any proof of warranty eligibility requested by ECU Team. Any product received by ECU Team without a return authorization may, at ECU Team’s option, be returned to the customer collect. If a warranty replacement part is required, customer shall provide Purchase Order to ECU Team prior to shipment of the replacement, to guarantee the return of the rejected unit. Purchase Order is valid until suspected part is received and warranty is confirmed by assessment. Once a return authorization is obtained, the customer is responsible for packing and shipping the product/component to which its warranty claim relates to a service facility designated by ECU Team, within thirty (30) days after receipt of the return authorization. Upon receipt of replacement product (or part thereof), customer has thirty (30) days to tender the defective product (or part thereof) to the return carrier for shipment to the service center designated by ECU Team. If customer does not timely return the defective product (or part thereof), ECU Team shall invoice customer for the list price of such product (or part thereof), plus applicable shipping. Such failure to return the product (or part thereof) may, in ECU Team’s discretion, be grounds for termination of the warranty and/or suspension of any future advance exchange privileges until such outstanding defective product has been returned.
3. ECU Team will provide customer with new, rebuilt, refurbished or alternate product (or part thereof) of equal or improved quality, as exchange product (or part thereof) to replace eligible defective product (or part thereof). Any alternate product (or part thereof) will meet or exceed the specifications of the replaced product (or part thereof). Rebuilt or refurbished product may bear cosmetic blemishes that do not affect performance. Unless otherwise specified by ECU Team in writing, repaired or replaced product (or parts thereof) are covered only for the remainder of the term of the applicable Standard Product Warranty. All defective products (or parts thereof) replaced by ECU Team become the property of ECU Team. ECU Team has no obligation to (i) service, exchange or otherwise replace any product (or part thereof) that has been damaged, modified, abused, misused or over-used as determined by ECU Team or has been used with non-ECU Team supplies or products that have caused damage or malfunction; (ii) paint, refinish, refurbish, restore or exchange any product (or part thereof) with cosmetic blemishes; (iii) service, exchange or otherwise replace any product (or part thereof) if the same would interfere with, impede or be redundant with normal or scheduled maintenance of such product (or part thereof); (iv) service, exchange or otherwise replace any product (or part thereof) that is within sixty (60) days of the end of its production life;ECU Team or (v) provide any 3rd party application software support or service involving application hardware or replace any accessories. If ECU Team elects to perform any such services at customer’s request, then such services will be deemed a service call and all labor, parts and materials used for the service call will be charged at ECU Team’s then – prevailing rates.
PRODUCT WARRANTY EXCLUSIONS
1. ECU Team does not warrant or guarantee, and is not responsible for:Defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside of ECU Team’s control, or (B) customer’s abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the product in any way. Customer must provide qualified technical personnel to maintain and repair the product.
2. Alterations and/or Modifications to any part of ECU Team’s product, without ECU Team’s written authorization unconditionally VOIDS the ECU Team Standard Warranty. Product built to customer’s specifications that are later found not to meet customer’s needs or expectations.
3. The performance of the product when used in combination with product not purchased, specified, or approved by ECU Team.
4. Batteries and other consumable goods.
5. Wearable items, such as tooling, cables, part harnesses, contacts etc.
ADDITIONAL WARRANTY NOTES
1. OEM or third-party product that is incorporated into ECU Team product is covered under the applicable ECU Team Standard Product Warranty unless the OEM or Third-Party product carries its own limited warranty, in which event the OEM or third-party warranty will apply to such product incorporated into ECU Team product. For example and not limitation: motors, drives, keys are OEM products that have a limited 1 year manufacturer’s warranty.
2. Items Sold As Resale. Items sold as resale are such items that are not manufactured by ECU Team but may be utilized in conjunction with or independently of ECU Team manufactured product (such as computers, printers and soldering product) and shall be covered only by the specific warranty terms of the supplier or original product manufacturer of those items.
3. The ECU Team Warranty applies to the original purchaser, and is not transferable. Used product. IF THE product SPECIFIED IN AN ORDER IS DESCRIBED AS USED, UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES, IT IS SOLD “AS IS” AND WITH NO WARRANTY.