WARRANTY & TERMS OF SALE

For Products: P100SC, P100ST, P130TX, P230TX, P430TX, P430FX, P460TX, CP1200TX
Revision 2.4.1

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE OPENING AND INSTALLING THIS HARDWARE, SOFTWARE, FIRMWARE, ETC. (HEREIN COLLECTIVELY “Product”). THIS IS A LEGAL AGREEMENT BETWEEN YOU (HEREIN "Buyer") AND AEI INTELLIGENT TECHNOLOGIES, INC., ITS PARENT, AND/OR AFFILIATES (HEREIN “AEI”). OPENING AND INSTALLING THIS PRODUCT Buyer HEREBY AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS WARRANTY & TERMS OF SALE (HEREIN “Agreement”). IF Buyer DOES NOT AGREE WITH ANY TERMS AND CONDITIONS SET FORTH, Buyer MAY RETURN THIS PRODUCT WITHIN TEN (10) DAYS OF AEI’s ORIGINAL SHIPMENT FOR FULL REFUND OF THE PURCHASE PRICE OF THE HARDWARE, NOT INCLUDING THE COST OF FREIGHT, INSURANCE, TAXES, TARIFFS, AND OTHER MISCELLANEOUS SHIPPING EXPENSES SO LONG AS PRODUCT IS IN UNUSED AND UNOPENED CONDITION.

Hardware Warranty:

  1. Not including the Software (defined in the "Software Warranty" section below) AEI warrants to the original END-USER purchaser that the Hardware shall be free from defects in workmanship and materials, under normal use and service, for a period discussed in Section 5 below, commencing from the date AEI ships said Hardware. In order for this warranty to be valid, this hardware product must remain in its original system.  If the Hardware proves to be defective within said warranty period, AEI shall at its sole discretion either repair or replace product. Replacement product may be new or reconditioned, and shall be of equivalent or better specifications relative to the defective product, but need not be identical. Any Hardware repaired by AEI pursuant to this warranty shall have a warranty period not to exceed the original warranty of the product sold.  All Hardware replaced or repaired under this warranty, become the sole and exclusive property of AEI.  Any service furnished by AEI that is beyond the scope of warranty service stated herein will be at AEI's sole discretion, and invoiced to the Buyer on a time-and-materials basis (minimum charge of $150) in accordance with AEI’s then-current standard rates.
     
  2. RETURN REQUEST.
    All returns must be authorized by AEI. Warranty terms, conditions, and service requests may be obtained on AEI's RMA Request page. Warranty service will only be provided to the original purchaser of this Hardware. If Hardware was procured through the distribution or resale channels, please contact the firm who sold you the Hardware to request your RMA. AEI shall never be responsible for any software, firmware, information, or memory data of Buyer contained in, stored on, or integrated with any Hardware returned to AEI for warranty service. International Buyers are responsible for payment of incoming and outbound shipments. 
     
  3. Legacy Hardware
    Legacy hardware shall be defined as hardware product containing  discontinued component(s).  Should the product prove to be irreparable, or replacement components unavailable, AEI reserves the right to substitute an equivalent product if available or to retract the Warranty if no replacement is available.  All sales are final.
     
  4. AEI Return Policy.
    All AEI Hardware sales are final.  No refund, exchange or credit permitted unless evaluation agreement is signed in advance.  Evaluation agreements are available for volume opportunities only.  If an exception is made, up to a 25% restock fee may apply.  Upon AEI approval, Buyer is limited to returning up to ten (10) products per order only.  Evaluation Program is available in the United States and Canada only.
     
  5. Duration of Warranty
    P130TX, P230TX, P430C, P430TX, P430FX, P460TX, P100SC, P100ST, CP1200TX - 1 year.

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Software Warranty:

  1. DEFINITIONS.
    Let the term “Software” be defined as Drivers/Utilities, firmware, boot code, computer software, associated media, any printed materials, any "on-line" or electronic documentation, PacketEngine™ Software (formerly "PhobosLink™ software) that is sold in conjunction with the part numbers provided above (herein collectively "Software"). The Software is owned and/or licensed by AEI and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
     
  2.  WARRANTY.
    (A)     THE "SOFTWARE" IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, NEITHER EXPRESSED NOR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  AEI MAKES NO REPRESENTATIONS THAT ANY SOFTWARE COMPLIES WITH THE APPLICABLE STATUTES, LAWS OR REGULATIONS.

    (B)     The entire risk as to the quality and performance of the Software is with you, the Buyer. Should the software prove defective, the Buyer (and not AEI, its dealers, distributors, any licensor of AEI, nor the owner of the Software) assumes all costs of any necessary servicing, repair or correction. There is no warranty by AEI, or its parent or affiliates, to any other party or person that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. Buyer assumes all responsibility for the selection of the Software to achieve their intended results, and for the installation, use and results obtained from the Software.
     
  3. SOFTWARE LICENSE.
    (A)     The Software is licensed only to the END-USER, is not sold, and AEI retains all rights not expressly granted. Buyer acknowledges and agrees the copyright, patent, trade secret, and all other intellectual property rights of whatever kind in the Software and AEI Hardware and related specifications and documentation shall remain the property of AEI. Nothing in this Agreement, or elsewhere, shall be construed as transferring any rights, title or interest to the Buyer for the accompanying the Software, or any "on-line" or electronic documentation.

    (B)     The Software contains or embodies proprietary intellectual property of AEI, Sun Microsystems, Intel, and others or their licensors. No grant, conveyance, or license is made to you for any patents, copyrights, or any other intellectual property except as specifically granted herein. You may not use the Software only in conjunction with AEI Hardware. Software: You may install and use one copy of the Software on the computer that has embedded AEI Hardware. Back-up: You may make a single back-up copy of the Software solely for archival purposes. Limitation on Reverse Engineering, Decompiling, and Disassembly: You may not reverse engineer, decompile, modify, adapt, translate, disassemble or otherwise attempt to discern the source code of the Software. Cracks and Activation Codes: You many NOT crack the Software, or enter activation codes obtained from any source other than AEI. Right to Audit End User: AEI reserves the right to audit the end user to verify compliance with this Agreement.  Network Services: If the Software includes functionality that enables the computer to act as a network server, any number of computers may access or otherwise utilize the basic network services of the server. However, you must acquire and dedicate a license for the Software for each computer on which the Software is used or to which it is distributed. A license for the Software may not be shared or used concurrently on different computers. Rental: You may not rent or lease the Software individually. Software Transfer: You may permanently transfer all of your rights under this Agreement only as part of a sale or transfer of the AEI Hardware provided you retain no copies, and you transfer Software (including all component parts, the media, and printed materials), any upgrades, this Agreement, and the recipient must agree to the terms of this Agreement. If the Software is an upgrade, any transfer must include all prior versions of the Software.
     
  4. U.S. GOVERNMENT RESTRICTED RIGHTS:
    The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to Software clause DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFAR 52.227-19 as applicable. The Manufacturer is AEI Intelligent Technologies, Inc., 41743 Enterprise Circle North, Suite 108, Temecula, CA 92590.

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Limitation of Warranties:

  1. IF THE AEI PRODUCT DOES NOT OPERATE AS WARRANTED AS DESCRIBED ABOVE, THE Buyer's SOLE REMEDY SHALL BE, AT AEI’S OPTION, REPAIR OR REPLACEMENT OF SAID PRODUCT.
     
  2. THIS ENTIRE AGREEMENT AND THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER AGREEMENTS AND WARRANTIES, EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE.  (Ref. Miscellaneous section, subsection 9).
     
  3.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, AEI DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION AND PRODUCTS PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
     
  4. THIS WARRANTY DOES NOT EXTEND TO HARDWARE IF AEI’S TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT DOES NOT
    EXIST, OR REPAIR IS REQUIRED AS A RESULT OF:

    (A)     ACCIDENT, NEGLECT, MISUSE, FAILURE OR SURGE OF ELECTRIC POWER, FAILURE TO PROVIDE APPROPRIATE ENVIRONMENTAL CONDITIONS, OR CAUSES OTHER THAN ORDINARY USE;

    (B)     FAILURE CAUSED BY A PRODUCT FOR WHICH AEI IS NOT RESPONSIBLE;

    (C)     CONNECTION OF ANOTHER MACHINE OR DEVICE TO HARDWARE THAT MAKES SERVICE IMPRACTICAL OR THAT HAS CAUSED DAMAGE TO SUCH HARDWARE;

    (D)     REPAIR OR ALTERATION, OR ATTEMPTED REPAIR OR ALTERATION, OF THE PRODUCT BY ANYONE OTHER THAN AEI, OR (E) DAMAGE CAUSED BY NATURAL OR MANMADE ACTS OR DISASTERS. THIS WARRANTY DOES NOT INCLUDE COSMETIC REPAIRS; REFURBISHMENT; FURNISHING CONSUMABLES, SUPPLIES, OR ACCESSORIES; MAKING ACCESSORY CHANGES, OR ATTACHING ADDITIONAL DEVICES.
     
  5. AEI NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON OR ENTITY TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF AEI PRODUCTS.

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Limitation of Liability:

  1. IN NO EVENT WILL AEI, ITS PARENT, SUBSIDIARIES, OR ANY THIRD PARTY OR PERSON BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING LOST DATA, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INSTALLATION, MAINTENANCE, USE, PERFORMANCE, OR INABILITY TO USE THE PRODUCT EVEN IF AEI OR THE OTHER THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
     
  2.  THE MAXIMUM LIABILITY OF AEI TO ANY SINGLE INDIVIDUAL OR ENTITY SHALL NOT EXCEED US$100.

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Miscellaneous Terms of Sale:

  1. REPRESENTATION:
    If Buyer is an employee or agent, Buyer represents and warrants under penalties of perjury and fraud that they have adequate legal capacity to enter into this Agreement on behalf of their employer or principal. As such, Buyer binds their employer or principal to the terms and conditions of this Agreement.   Failure to have adequate legal capacity to enter into this Agreement activates the Breach clause, subsection 5 below.
     
  2. PURPOSE:
    Product sold is provided for resale or commercial purposes only, regardless on how an individual buyer will use said Product. 
     
  3. APPLICABLE LAW:
    The laws of the United States of America, State of California, and County of Riverside shall govern this Agreement and any dispute hence forth arising. You hereby agree to personal jurisdiction in any of the State or Federal Courts in that county. AEI (or its authorized legal representative) reserves the sole right to select or approve alternative County, State, or Federal jurisdictions at its sole discretion, including, but not limited to trial or arbitration forums.
     
  4. SEVERABILITY.
    If a competent court holds any term or condition of this warranty void or unenforceable, all other terms and conditions shall survive.
     
  5. BREACH.
    This Warranty and all other obligations and liabilities of AEI shall terminate immediately and retroactively if you breach any clause in this Agreement. In that event,   AEI has no liability or obligation to the Buyer, or any third party.  AEI shall have no obligation to ANY party for a breach in Representation, and all warranties and liabilities shall be retroactively void.
     
  6. IMPORT/EXPORT LAWS.
    You agree and are solely responsible to ensure you comply with the export laws, regulations, and treaties of the United States of America or any other governing
    jurisdictions.
     
  7. MODIFICATIONS AND CHANGES:
    Any and all changes made to this Agreement shall be incorporated in new revisions of this Agreement only, and no where else.  AEI reserves the right to make improvements and/or changes at anytime, without advance notice, in the Product, programs, and documentation described in this Agreement  (Ref. subsection 9 below, ENTIRE AGREEMENT).
     
  8. PAYMENT.
    Absent a signed credit application, Buyer agrees to pay all AEI’s collection, court, attorney, travel, and all miscellaneous expenses associated with Buyer’s slow payment, or non-payment of any invoice or amount owed to AEI.  All amounts 30 days past due shall be assessed a Finance Charge for the lesser of 1 ½ percent simple interest per month, or maximum allowable by law. Buyer agrees to pay said Finance Charge. This clause shall be governed as described above subsection 3, APPLICABLE LAW.

    (A)     Trade Terms:  Net 30 will be granted On Approved Credit (OAC.), at AEI's sole discretion.

    (B)     Credit Card Payments:  AEI accepts Visa, MasterCard, and American Express.  Buyer agrees to pay a $50 fee for filing a credit card chargeback against AEI.

    (C)     Bounced Checks:    Buyer agrees to pay a $25 bounced check charged on all returned items.
     
  9. ENTIRE AGREEMENT:
    This Agreement sets forth the entire agreement and understanding between you and AEI with respect to the subject matter hereof and supersedes and cancels all previous negotiations, agreements, commitments, and writings in respect to any conflicting warranties, liabilities, and other terms and conditions. (Ref. Limitation of Warranties section, subsection 2).  Nothing in this Agreement shall be superseded in any manner, now or in the future, either expressed or implied, except as discussed in subsection 7 above (MODIFICATIONS AND CHANGES).  This clause and subsection 2 of the Limitation of Warranties section above shall be strictly interpreted.  This Agreement shall take precedence over all other past, present and future agreements including, but not limited to, vendor agreements, and purchase order terms and conditions.

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