Introduction
Dear Valued Customer:
Congratulations on the purchase of your Multimedia LED Digital MobilScoreboard and for making a wise decision to acquire the most cost effective and efficient method of signage available today. You have chosen to make a significant investment in this product, and we intend to assist you in securing the long-term operation and value of your investment. In order to secure the smooth and confident operation of your digital display, Multimedia Led has provided a standard 1 year parts and labor warranty with an additional 1 year parts only.
In addition to the standard purchase warranty, you have the option to purchase an extended warranty that will provide for continued smooth and confident operation of your digital display. The combined term of your standard purchase warranty and your extended warranty, together, may not exceed a period of five years from the initiation of the standard purchase warranty. The extended warranty is available for purchase through the completion of your standard purchase warranty.
As an additional level of comfort, you may also purchase a maintenance agreement on any display at any time, regardless of age or condition. The maintenance agreement allows Multimedia LED to provide on-going care and maintenance of your digital display after the protection provided in your warranty agreements has expire. A maintenance agreement, in exchange for an annual fee, provides free telephone technician support, discounts on parts and labor, as well as priority service commitments
Every company has its own definition of confidence. At Multimedia LED, we think it comes from knowing you’re operating one of the best- engineered digital displays available today. It also comes with assurance that your LED displays future is protected with outstanding warranty coverage.
All warranty and maintenance work will be done by Multimedia LED trained service technicians, or an authorized, well-trained subcontractor in your area to limit your expense. You’ll never pay a deductible or have the inconvenience of filling claim forms for warranty covered part of repairs.
Multimedia LED’s Customer Service Department is trained to answer any questions you may have about your standard warranty, extended warranty, or maintenance agreement. You’re never more than a phone call away from our customer service center. Simply call 951-280-7500 to schedule a call back from our service administrator.
We’re dedicated to the lasting satisfaction of our valued customers and the long-term care of our digital displays. Should you need us, rest assured we are ready to help.
Alex Birner
Alex Birner
MultimediaLED, President
Warranty: Table of Contents
General Provisions
Standard Purchase Warranty: Warranty Inclusions
Standard Purchase Warranty: Warranty Exclusions
Conditions Required for Warranty to be Valid
Remedies Under the Warranties
Ordering Replacement Parts
Repair and/or Return to Seller of Defective Product or Parts
Warranty Period for repaired or replaced Product or part thereof
Buyers Obligations
Extended Warranty Provisions
Maintenance Agreement Provisions
Miscellaneous Terms and Conditions
Limits of Liability
Transferability
Cancellation Policy
General Provisions
When does my standard purchase warranty start? The standard purchase warranty period shall commerce as soon as the Buyer and/or any other party operate the system, but in any event no later than three (3) months after shipping (bill of lading date). Multimedia LED must be notified in writing by the Buyer, within 90 days of shipping, of an alternative commencement date as described in this section, or the shipping date will be the permanent date of Standard Warranty commencement.
When does my Standard Purchase Warranty End? The Standard Purchase Warranty Period shall end twelve (36) months from the commencement date as described above.
When does my Extended Warranty Start? The Extended Warranty Period shall commerce upon the expiration by time duration of your Standard Purchase Warranty.
When does my Extended Warranty End? The Extended Warranty Period shall end twelve (12), twenty-four (24), thirty-six (36), or forty-eight (48) months (depending on the warranty duration selected) from the commencement date of the Extended Warranty as described above.
When does my Maintenance Agreement Period Start? The Maintenance Agreement Period shall commerce on the date specified.
When does my Maintenance Agreement Period End? The Maintenance Agreement shall end twelve (12) months following the commencement date as described above.
When must I notify Multimedia LED on my need for parts or service? Any claim under the warranties must be notified to Multimedia LED, through Multimedia LED’s call center, within eight (8) days from the moment the defect or failure has been discovered or noticed for the first time. Maintenance Agreement service may be notified at any time through the same phone number.
Standard Purchase Warranty: Warranty Inclusions
1. Hardware: Seller warrants that upon delivery the product shall: I.) confirm to its specifications, and ii.) be free from defects in material and/or workmanship (the “warranties”) for a period matching the standard purchase warranty period (the “warranty” period) selected by the customer, depending upon the warranty type selected (parts or parts and service).
2. Software: Seller warrants for a period of ninety (90) days (the “warranty” period) that software written by Seller shall perform substantially in accordance with the specifications. Buyer accepts the software is inherently susceptible to bugs and errors. Seller makes no warranties with respect to the software that is provided to Buyer on an “as is” basis and does not warrant uninterrupted or error-free operation products.
3. Certain of the software provided by the Seller hereunder is third party software and is supplied by Seller on an “as-is” basis without any warranty of any kind either expressed or implied. However, Seller shall assign to Buyer, insofar as it is able to do so, the benefit of any warranty, expressed or implied, contained in its agreement with the licensor.
Standard Purchase Warranty: Warranty Exclusions
1. The warranties do not cover routine or emergency maintenance, nor do they apply to third party HVAC systems.
2. In no event shall Seller be liable, whether during or after the expiration of the applicable Warranty Period for any defects, failures, loss of or damage to the Products or any part thereof which are caused by or resulting from: I.) normal wear and tear, or 11.) any Force Majeure even which shall mean a contingency beyond the reasonable control of a party hereto which makes it performance impracticable and shall include, but not limited to, vandalism, acts of terrorism or war, power surges, water damage, lighting, storm, flood, accident explosion, fire, earthquake, or other “acts of nature” or iii.) excessive application of electrical power or improper power connection, or iv.) “burn in” due to static (non-moving) images, or v,) software conflicts due to non-factory loading of additional software on the controller or computer viruses, or vii.) loading of the controller software on a non-factory authorized computer, or viii.) disabling of fans or other factory provided cooling systems, or ix) removal of warning labels and protection devices, or x.) installation of non -factory replacement parts, or xi.) use of high pressure washes or exposure to concentrated detergents or other chemical agents or solvents, or xii.) ant action of negligence on the part of the Buyer and/or third party (including without limitations, Buyer’s employees, customers, agents carries or contractors), In such case the repair or replacement of the Products or any part thereof shall be at the Buyer’s sole option and cost.
3. The Warranties do not apply to any consumables, including without limitation, lamps, filters, etc. Seller does not warrant a minimum lifetime nor a performance of any of the consumables
4. Multimedia Led will replace failed LED pixels, (on -site labor not included), if greater than 5% of the total number of pixels in the sign have failed in a year, provided the sign is installed with the recommended ventilation/ air conditioning system for its location. Air condition system must be maintained according to manufacturer’s specifications. Multimedia LED defines pixels failure when the pixel will no longer emit light. Pixel repair will be performed at the Multimedia Led Repair Center. As with all LED signs, the LED display will eventually degrade to the point where it will need to be replaced even though the LED’s may still be operating. This Agreement does not cover LED degradation. 5. The customer is responsible for routine operation, routine maintenance, and preventative maintenance functions, including maintenance of ventilation/cooling systems. (if applicable), routine filter changes, and routine lamp replacement (if applicable). Failure by the customer to properly maintain filters and the ventilation system will void coverage for affected components. 6. Warranty services do not include: painting and cleaning the outside of the Equipment, or the supply of the products required for this, and repairs of any equipment, installation, system which has or may have impact on the Equipment. (including without limitation electrical installations, communication line interfaces, etc.) and maintenance of accessories, attachments, machines or other devices not supplied by Seller nor listed in the cover of this document under “Products Purchased”.
Conditions Required for this Warranty to Be Valid
The Warranties shall apply only to the extent the Products or any parts thereof have:
1. Been transported a stored at all times in the original packaging in the conditions as specified by seller (such as covered and secure location, minimum temperature, maximum humidity, . . .) or, in absence thereof, at least in conditions consistent with generally accepted practice for this type of Product,
2. Been installed strictly in accordance with the instructions and directions given by Seller (if and to the extent the Products have not been installed by the Seller or its authorized subcontractors)
3. Been handled at all times (including without limitation during the transport thereof) in accordance with the Sellers instructions, or, in absence thereof, at least with the care and caution consistent with generally accepted practice for this type of Product.
4. Not been subject to any unauthorized alteration, modification or repair attempts thereto,
5. Been at all times “normally used” for the intended purpose and operates in strict accordance with the operating instructions set forth in the Products operating manual and shall not have
6. been otherwise misused, abused, or damaged. For the purpose of this Agreement, Products as intended and/or recommended by Seller 6. Been maintained at all times in accordance with the seller’s instructions or, in absence thereof, at least with intervals and in a manner consistent with generally accepted practice for this type of Products.
7. Not been connected to or used in combination with other Products and equipment (hardware and/or software) which have not been approved by Seller, or are not compatible with Seller’s standard sales specifications.
Remedies Under the Warranties:
1. Hardware: if during the Warranty Period a Product or any part thereof, fails to meet any of the Warranties, then upon Buyer’s request, Seller shall, as its sole option and cost, promptly and within forty-five (45) working days, either, I.) repair or correct the Product or part in question, or ii.) replace the Product or supply part(s) or component(s). A replacement part shall be at least functionally equivalent to the original part. The replaced Product, parts and/or components shall become the property of Seller and shall, at Seller’s request, be returned by Buyer to Seller at Buyer’s expense.
2. Software: Seller’s sole obligation shall be to rectify substantial malefactions of the software, which would prevent the fundamental operation of the software, (to the extent technically reasonably possible) by amending the software or supplying an alternative version of the software.
3. The repair or replacement under the warranties covers the cost of materials under a “parts only” warranty: labor under an “on-site labor” warranty’ and both materials and labor under a “parts and on-site labor” warranty.
Ordering Replacement Parts
In the event of a failure of a warranty covered part, the Customer will replace the part out of their spare parts kit and return the defective part to Multimedia LED for repair or replacement. If the part is not available in the Customer’s spare parts kit, the Customer will prepay Multimedia LED by contacting Multimedia LED’s Customer Service Center at 951-280-7500 and providing a valid credit card or purchaser order number. Upon return of defective part is not received by Multimedia LED with 14 calendar days, as described in the next section, Multimedia LED will issue a full credit for an effective zero cost to the Customer. If the defective part is not received by Multimedia LED within 14 days of shipment of the new part, no credit will be issued and the credit card or purchase order charge will be processed.
Repair and/or Return to Seller of Defective Product or Parts
In no event shall a buyer return a defective Product or part thereof to Seller without Seller’s prior written approval. Prior to returning any defective Product or part thereof to Seller, Seller shall determine whether the repair or replacement of the defective Product shall be carried out at either the location where Product is installed, at a location indicated by Seller or at Sellers’ facility. In the event Seller authorizes the return of the defective Product, Seller shall issue a RAN (Return Authorization Number). The returned Product must be properly packaged and transportation charges prepaid by the Buyer. Seller shall pay for transportation to return the product to the buyer. Overnight, Express or other special shipping arrangements will be paid by the Buyer. In the event the seller chooses to perform the repair or replacement on-site, the Buyer shall, at Buyer’s sole cost, be responsible for providing access to the equipment such as, but not limited to: booms, scissor lifts, bucket trucks, or cranes should they be required. At Seller’s request, the travel time, and the travel and living expenses of a service technician of Seller to the location where the alleged defective Product is installed, shall be charged or and paid by the Buyer in accordance with Seller’s current rates and Procedures. In no event shall Seller be liable and/or indemnify the Buyer and all costs and expenses incurred by the Buyer in the performance of its obligations (including but not limited to the warranty obligations) towards its customer.
Warranty Period for repaired or replaced Product or part thereof:
The above provisions shall apply to a repaired or replaced Product or part thereof during the remainder of the Warranty Period or a period of a maximum of three (3) months, whichever is longer.
Warranty Period for repaired or replaced Product or part thereof
The above provisions shall apply to a repaired or replaced Product or part thereof during the remainder of the Warranty Period or a period of a maximum of three (3) months, whichever is longer.
Buyers Obligations
The Buyer shall advise Seller immediately in writing of all changes to the Location and/or the installation of which the equipment is a part and/or the conditions of use thereof. In such circumstances Seller shall be entitled to an appropriate revision of the terms and/ or conditions of this Agreement (including without limitation the charges payable hereunder). If the parties are unable to agree on such appropriate revisions, Seller shall be entitled to terminate this Agreement by giving the Buyer not less than thirty (30) days prior written notice of termination. On request the Buyer shall supply Seller with copies of any available technical documentation (including drawing, descriptions, schedules and instructions) necessary and useful for the maintenance and/or repair of the equipment. Such as documentation shall at times remain the Buyer’s property and shall not be used by Seller otherwise than for the purpose of this Agreement.) If the maintenance or repair of the equipment is postponed or delayed for a reason attributable the Buyer, Seller may interrupt the provision of any services until such time as the necessary maintenance and/or repairs have been performed and Seller shall have the right to inspect the installation before resuming his obligations under the Agreement. Seller shall advise Buyer in writing if, as a result of this inspection, it appears extra repair work is necessary to put the Equipment in good working condition, Seller shall have the right to terminate the agreement in whole or in part with immediate effect and without incurring a liability. If Seller incurs extra costs as a result of postponed or interrupted maintenance, such extra costs shall be borne by the Buyer.
Extended Warranty Provisions
Extended Warranties are a part of the initial equipment sale, or may be purchased through the last day of the Standard Purchase Warranty period. Extended Warranty extends the selected coverage of the Standard Purchase Warranty. Extended Warranties are available through the fifth coverage of the Standard Purchase Warranty. Extended Warranties are available through the fifth year of a products life, based on the commencement date on the Standard Purchase Warranty. The extended warranty period shall commence at the expiration of the Standard Purchase Warranty period set forth in your original agreement. The terms and conditions set forth above in the Standard Purchase Warranty section shall also apply to the Extended Warranty.
Maintenance Agreement
Maintenance Agreements are sold separately from the initial equipment sale after the expiration of all Standard Purchase Warranties are/or Extended warranties The provisions of maintenance Agreements are: Call center support Unlimited Free Technical Phone Support 20% Discount on current labor rates for field service appointments 25% Discount on current in-house repair labor rates 30% Discount on parts and supplies for your display (excluding modules) Priority Scheduling for Technician appointments and field service tips What is NOT covered by maintenance Agreement: Travel expenses to bring a technician to the location of the display. Any expense related to accessing the display, such as booms, lifts, etc. Maintenance Agreements are activated when signatures form both the Customer and Multimedia Led are completed. Maintenance Agreements run for periods of one-year and are not automatically renewable. They are void if payments are not current.
Miscellaneous Terms and Conditions
The Buyer accepts the application of seller’s diagnostic methods, including the use of temperature and humidity measuring equipment. The Buyer shall follow the instructions given to it by Seller so that these diagnostic methods can be implemented. The Buyer shall sign the Service Order on the completion of a service, repair or maintenance intervention. In consideration of the maintenance services provided by Seller to the Buyer under this agreement, the Buyer shall pay the charges as specified in the cover of this document. The said charges shall be invoiced to the Buyer and paid by the Buyer in one yearly installment or twelve-monthly installments as defined in the cover of this document. Seller shall issue an invoice for each installment prior to the period which the installment relates. The Buyer shall pay Sellers invoices within thirty (30) days as from the date of such invoice. Applicable VAT and any other taxes and charges shall be added to the charges. Charges for services outside the scope of the maintenance services forth herein shall be invoiced separately at Sellers general service rates then in effect. Sums owed as a result of this Agreement cannot be used to offset debts. Prior to the beginning of each annual period of a maintenance agreement, Seller may revise the pricing to a maximum increase of ten (10%) percent. Price increases will be announced to the Buyer wit forty-five (45) days prior written notice. If payment has not been made upon due date, the Buyer shall owe Seller default interest at the rate of 1.25% per month of any overdue amounts. Notwithstanding the Buyer may have been granted or awarded an extension of the payment term. Seller, Subject to a prior written notice to the Buyer, may apply a surcharge of ten (10%) percent on the overdue amount with a minimum of fifty (50%) dollars to compensate the Seller for increased administration costs and expenses to collect the overdue amounts. In addition, non-payment of an invoice on the due date shall without summons, automatically render all invoices payable immediately. Moreover, in such circumstances, Seller shall have the right to change with immediate effect the payment conditions them in effect to “cash in advance” or to request the Buyer to furnish adequate security with no formalities other than notification by registered letter. If the Buyer fails to comply with Seller’s new payment terms, or is unable to provide satisfactory security, Seller may, as its option suspend further services until full payment or satisfactory security has been received by Seller.
SELLER NEITHER MAKES NOR INTENDS TO MAKE ANY WARRANTY OR REPRESENTAION EXPRESSED OR IMPLIED, AND IT EXPRESSLY EXCLUDES AND DISCLAIMS ANY AND ALL WARRANTIES WHICH MAY BE IMPLIED OR OTHERWISE CREATED BY OPERATING OF LAW INCLUDING WITHOUT LIMITATION ALL IMPLIED WARANTTIES OF UNINTERRUPTED OF ERROR-FREE USE OR OPERATION OF THE EQUIPMENT, MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE.
Limits of Liability
The only remedy available under a Multimedia LED warranty or Maintenance Agreement is the prescribed work performed in accordance with the terms of this warranty. There is no liability for incidental or consequential loss or damage under this Warranty or Maintenance Agreement including, but not limited to liability the following. Injury, loss of life, property damage, loss of use, loss of time, inconvenience, or commercial loss Any amount exceeding the actual market value of the display is not the responsibility of Multimedia Led
THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS WARRANTY AS DEFINED IN YOUR ORIGINAL AGREEMENT. MULTIMEDIA LED NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR THEM ANY OTHER LIABILTY IN CONNECTION WITH SUCH DISPLAY. NO PAYMEMT OR OTHER COMPENSATION WILL BE MADE FOR INDIRECT OR COSEQUENTIAL DAMAGE, SUCH AS DAMAGE OR INJURY TO PERSON OR PROPERTY OR LOSS OF REVENUE WHICH MIGHT BE PAID, INCURRED OR SUSTAINED BY REASON OF THE FAILURE OF ANY PART OF ASSEMBLY THAT MAY BE REPAIRED OD REPALCED IN ACCORD WITH TERMS OF THIS.
Transferability
Can I transfer my warranty to another display? No.
If I sell my display, can I transfer the Warranty and/or the Maintenance Agreements? Yes. Multimedia LED must be notified of the transfer within thirsty (30) days of the transfer of ownership, along with all contact information for the new owner.
Cancelation of Policy
If for any reason, you terminate your Multimedia LED Extended Warranty and/or your Maintenance Agreement prior to the scheduled expiration date, Multimedia LED will not pay you or any lienholder or lessor a refund for the remaining portion of this Agreement. Multimedia LED can terminate this agreement without paying a refund for the remaining portion of the Agreement if any material misrepresentations are made, including, but not limited to, a submission of a fraudulent claim in condition with this Agreement.