Warranty Policy

Hardware and Hardware Installation Warranty

This limited hardware and installation warranty (“Hardware and Hardware Installation Warranty”) is between NORAT Incorporated (“NORAT Inc.”) and Client (NORAT Inc., and Client shall hereinafter collectively be referred to as the “Parties” or individually as a “Party”).

BY USING NORAT INC., HARDWARE AND HARDWARE INSTALLATION SERVICES, CLIENT ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THE TERMS OF THIS HARDWARE AND HARDWARE INSTALLATION WARRANTY.

1. DEFINITIONS

1.1 “Client” means the individual, corporation, partnership, limited liability company, unlimited liability company, joint venture, governmental authority, unincorporated organization, trust, association, or other entity which has entered into a Master Agreement with NORAT Inc.

1.2 “Documentation” means any and all manuals, instructions, materials and other documentation, whether in printed, electronic or any other form, that NORAT Inc., provides or makes available to Client with the Hardware, as updated from time to time by NORAT Inc.

1.3 “Force Majeure Event” means any acts beyond the obligated Party’s reasonable control, including without limitation: acts of God; pandemics; flood, fire, earthquake, tsunami or explosion; electrical, internet or telecommunication outage that is not caused by the obligated Party; acts of war, terrorism, hostility, sabotage, invasion, riot or other civil unrest; government restrictions (including cancellation of export licenses), actions, embargoes or blockades in effect; or national or regional emergency.

1.4 “Hardware” means a hardware product, together with any related hardware components, purchased from NORAT Inc.

1.5 “Hardware Support Hours” mean Monday through Friday, from 8:30 am to 5:30 pm EST, except on statutory holidays observed in Quebec, Canada.

1.6 “Hardware Support Services” means all services performed to repair any Hardware defects.

1.7 “Master Agreement” means a Software License Agreement, a Software-as-a-Service (SaaS) Agreement, General Terms and Conditions, or any other applicable agreement entered into by the Parties.

1.8 “Order Form” means the order form for the Hardware issued by NORAT Inc., and signed by the Parties, which includes information on Hardware, services, fees, and other information necessary for the delivery of such items to Client.

1.9 “Super Users” mean the individual person(s) selected by Client to be the contact person for the creation of support tickets under this Hardware and Hardware Installation Warranty.

2. MODIFICATION OF HARDWARE AND HARDWARE INSTALLATION WARRANTY

2.1 Modifications. NORAT Inc., reserves the right, in its sole and absolute discretion, to modify this Hardware and Hardware Installation Warranty from time to time, and such modifications shall be effective immediately upon the posting of the revised Hardware and Hardware Installation Warranty to the NORAT Inc., website. Client’s use of the Hardware after such modifications have been made shall constitute Client’s acceptance of the modified Hardware and Hardware Installation Warranty.

3. WARRANTY

3.1 Hardware and Hardware Installation Warranty. For one (1) year following the contract start date outlined in the applicable Order Form, or if no contract start date is mentioned in the Order Form, the last date of signature of such Order Form (“Hardware and Hardware Installation Warranty Period”), NORAT Inc., warrants to the Client that the Hardware shall be free of defects in materials and workmanship under normal use and service.

3.2 Extended Warranty. Upon the expiration of the Hardware and Hardware Installation Warranty Period, Client may extend this Hardware and Hardware Installation Warranty Period by purchasing Hardware and Hardware Installation Support Services from NORAT Inc. The fees for such Hardware and Hardware Installation Support Services shall be determined based on NORAT Inc.’s then-current price list in effect at the time of the request. Client can obtain more information on the Hardware and Hardware Installation Support Services by contacting its Account Executive.

3.3 Remedy. If NORAT Inc., is notified in writing of a breach of the warranty in Section 3.1 above during the original or any extended Hardware and Hardware Installation Warranty Period, NORAT Inc.’s entire liability and Client’s sole remedy shall be, in NORAT Inc.’s sole discretion, to repair or replace the Hardware or any component thereof within a reasonable time in accordance with the terms and conditions of this Hardware and Hardware Installation Warranty. Any Hardware (or component thereof) provided as a replacement under the terms of this Hardware and Hardware Installation Warranty will be warranted for the remainder of (i) the original Hardware and Hardware Installation Warranty Period; or (ii) the current extended Hardware and Hardware Installation Warranty Period, as applicable.

3.4 Discontinued Hardware. Notwithstanding anything to the contrary herein, Client will not be able to purchase Hardware and Hardware Installation Support Services for Hardware that is discontinued.

4. HARDWARE AND HARDWARE INSTALLATION SUPPORT SERVICES

4.1 Provision of Services. Hardware and Hardware Installation Support Services shall be provided remotely. In the event the defect cannot be resolved remotely, the Hardware and Hardware Installation Support Services may be provided on-site, subject to applicable fees and any other conditions communicated by NORAT Inc.

4.2 Hardware and Hardware Installation Support Hours. NORAT Inc., commits to performing Hardware and Hardware Installation Support Services during the Hardware and Hardware Installation Support Hours in accordance with this Hardware and Hardware Installation Warranty. NORAT Inc., reserves the right to modify the Hardware and Hardware Installation Support Hours at its sole discretion.

4.3 Support Tickets. Upon NORAT Inc.’s written request, Client shall designate up to four (4) Super Users and will provide contact details (in particular, e-mail address and telephone number) through which the Super Users can be contacted at any time. Upon discovery of a failure of the Hardware and Hardware Installation or any component thereof to conform with the warranty in Section 3.1 above during the Hardware and Hardware Installation Warranty Period, Client or its Super Users, as applicable, may open a ticket with NORAT Inc., support team by:

(i) Calling (416) 245-1941;

(ii) E-mailing dom@norat.com; or

(iii) Clicking here: https://www.norat.com

4.4 Support Language. All support communications shall be in English.

4.5 Repair Instructions. Upon NORAT Inc., determination that the warranty claim is valid in accordance with the terms and conditions of this Hardware and Hardware Installation Warranty, NORAT Inc., will then contact Client to provide repair instructions for the Hardware or the component part(s) thereof. In the event that NORAT Inc., determines that the warranty claim is not valid in accordance with the terms and conditions of this Hardware and Hardware Installation Warranty, NORAT Inc., may be able to offer Client service alternatives, subject to applicable fees.

4.6 Hardware Return. If the repair instructions do not resolve the defect, NORAT Inc., will provide Client with written authorization to uninstall and return the Hardware or the component part(s) thereof for repair or replacement. Client shall be responsible for securely uninstalling and packaging the Hardware or the component part(s) in the original packaging and on the same palette provided by NORAT Inc., and returning the same to NORAT Inc., within thirty (30) days of receiving return instructions from NORAT Inc. All transport fees, freight charges, duties, and other fees required to transport any Hardware or component part(s) to NORAT Inc., from Client’s place of business, or inversely, shall be Client’s responsibility.

4.7 Repair or Replacement. At NORAT Inc., discretion, the defective Hardware or component part(s) will be either repaired or replaced at no additional cost to Client. Any replacement Hardware or component part(s) of the Hardware may, at NORAT Inc.’s discretion, be new or refurbished, and may be the same model or another model of like kind and quality. NORAT Inc., will use commercially reasonable efforts to repair or replace any Hardware or component part(s) in accordance with the terms herein.

4.8 Loaned Hardware. In the event Client sends its Hardware to NORAT Inc., for repair or replacement and requires NORAT Inc., to loan and install Hardware during this period, NORAT Inc., will loan and install Hardware to Client at no additional cost. NORAT Inc., makes no guarantees as to the availability, quality or model of the loaned Hardware. Such Hardware will be provided by NORAT Inc., on a first-come, first-serve basis. Notwithstanding the foregoing, NORAT Inc., will only loan Hardware in the event that Client sends its entire Hardware product for repair or replacement, and not just a component thereof. Client must return the loaned Hardware to NORAT Inc., in its original condition, except for ordinary wear and tear. Client shall be responsible for any loss or damage to the loaned Hardware or any part thereof from the time Client takes possession of the same until it is returned to the possession of NORAT Inc. In the event of the loss or damage to the loaned Hardware or any part thereof, Client shall pay to NORAT Inc., the replacement value of the same. Client agrees to promptly notify NORAT Inc., if the loaned Hardware or any part thereof is lost, stolen or damaged. Upon Client’s receipt of the repaired or replaced Hardware, Client shall be responsible for securely packaging the loaned Hardware in the original packaging and on the same palette provided by NORAT Inc., and returning the same to NORAT Inc., within thirty (30) days of receiving return instructions from NORAT Inc. All transport fees, freight charges, duties, and other fees required to transport any loaned Hardware to NORAT Inc., from Client’s place of business, or inversely, shall be Client’s responsibility.

4.9 Client Data and Other Information. NORAT Inc., shall not be responsible for maintaining or protecting any configuration settings or data found on the returned Hardware or component part thereof. Client is responsible to back up all data before returning any Hardware or component thereof to NORAT Inc. NORAT Inc., shall not be responsible for any lost or damaged data. Furthermore, Client shall be responsible to remove any confidential, proprietary or personal information from the Hardware before returning it to NORAT Inc.

4.10 Client Responsibility. Should Client fail to return the defective and/or loaned Hardware or component part(s) thereof to NORAT Inc., as the case may be, within the time limit referenced in Sections 4.5 and/or 4.7 above, Client shall be responsible for the full cost of such Hardware Installation, Hardware or component part(s) including any applicable fees and taxes of any nature.

4.11 Title and Risk of Loss. Title to any replacement Hardware or component part(s) thereof provided to Client by NORAT Inc., and risk of loss in relation to the replacement Hardware or component part(s), shall pass to Client upon shipment of such Hardware or component part(s) to Client. Title to the replaced Hardware or component part(s) thereof shall pass to NORAT Inc., upon NORAT Inc.’s receipt of the same.

5. EXCLUSIONS

5.1 Exclusions to Hardware and Hardware Installation Warranty. This Hardware and Hardware Installation Warranty does not apply to:

(i) software, including without limitation, any operating system and any software installed or embedded in the Hardware;

(ii) any Hardware that is not purchased from NORAT Inc., unless otherwise agreed to in writing by NORAT Inc.;

(iii) third party parts, components or peripheral devices added to the Hardware by anyone other than NORAT Inc., including damages caused by such additions;

(iv) damages caused by:

(a) Client’s use of the Hardware that is not in accordance with the Documentation;

(b) abuse, accident, unusual physical, electrical or electromagnetic stress, neglect, misuse, fluctuations in electrical power beyond those set out in the Documentation, failure of air conditioning or humidity control, excessive dust or exposure to the elements, improper shipping, improper installation, improper maintenance, or any other misuse, abuse or mishandling;

(c) Force Majeure Events;

(d) servicing not authorized by NORAT Inc.; or

(e) any failure by Client to perform preventive maintenance;

(v) any Hardware that has been modified to alter functionality or capability without the written permission of NORAT Inc.;

(vi) normal wear and tear, such as scratches, dents and broken plastic or other material;

(vii) Hardware for which payment has not been fully received;

(viii) any Hardware that is licensed for beta, evaluation, testing or demonstration purposes; or

(ix) any alleged defect that cannot be identified or reproduced.

5.2 No Warranty. The above limited Hardware and Hardware Installation Warranty is null and void if: (i) the hardware was repaired or altered by anyone other than NORAT Inc., or without NORAT Inc.’s written approval; (ii) the hardware was installed on a vibrating surface; or, (iii) the hardware was moved from the original place of installation without NORAT Inc.’s written approval. 

6. DISCLAIMER OF WARRANTIES

6.1 Disclaimer. Except for the limited Hardware and Hardware Installation Warranty expressly stated above, and to the maximum extent permitted under applicable law, NORAT Inc., and its respective suppliers hereby disclaim all warranties and conditions, whether express, implied, statutory, or otherwise, including but not limited to any warranty or condition: (i) of merchant ability, fitness for a particular purpose, performance, suitability, non-infringement, satisfactory quality. Non-interference. Accuracy of informational content and warranties that may arise out of course of dealing, course of performance, usage or trade practice; (ii) regarding the results to be obtained from the product; or, (iii) that the operation of any product will be uninterrupted or error free, to the extent that an implied warranty cannot be excluded, such warranty is limited in duration to the express Hardware and Hardware Installation Warranty period set forth herein. NORAT Inc., expressly disclaims all warranties and conditions not stated in this Hardware and Hardware Installation Warranty. This disclaimer and exclusions shall apply even if the express warranty set forth above fails of its essential purpose. 

7. LIMITATION OF LIABILITY

7.1 Disclaimer of Damages. To the maximum extent permitted under applicable law and except as expressly otherwise provided for in this Hardware and Hardware Installation Warranty, in no event will NORAT Inc., or any of its suppliers be liable to client or any Disclaimer of Damages. To the maximum extent permitted under applicable law and except as expressly otherwise provided for in this Hardware and Hardware Installation Warranty, in no event will NORAT Inc., or any of its suppliers be liable to client or any third party in any amount, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability or otherwise, regardless of whether or not such damages could be reasonably foreseen or whether or not NORAT Inc., or any of its suppliers have been advised or were aware of the possibility of such damages in advance, for any: (i) loss, damage or corruption of data; (ii) interruption or loss of business; (iii) loss of reputation or goodwill; (iv) error, defect, delay, or inability to use the hardware; (v) inability to achieve any intended result; (vi) third party claims against client for products not being available for use, or for injury to property resulting from the use or inability to use the hardware; or (vii) indirect, special, punitive, incidental, exemplary, or consequential damages (including without limitation lost profits or revenue, lost business, lost data, or a failure to realize expected savings). 

7.2 Liability Cap. To the maximum extent permitted under applicable law, in no event will the maximum, aggregate liability of NORAT Inc., and its respective suppliers, under or in connection with this Hardware and Hardware Installation Warranty, whether direct or indirect, under any legal theory or equitable theory, including breach of contract, warranty, tort (including negligence), strict liability or otherwise, exceed the total amount paid by client for the specific hardware or component thereof that is the subject of a claim. This limitation of liability is cumulative and not per incident. 

8. GENERAL

8.1 Transfer. The Hardware and Hardware Installation Warranty is extended only to the original purchaser of the Hardware and may be void in the event that title to the Hardware is transferred without NORAT Inc.’s written consent.

8.2 Governing Law and Jurisdiction. This Hardware and Hardware Installation Warranty and any claims arising out of or relating to this Hardware and Hardware Installation Warranty shall be governed by and construed in accordance with the laws of the Province of Quebec, or any other laws mutually agreed upon by the Parties in the Master Agreement, without reference to its conflict of law principles. Any legal suit, action or proceeding arising out of or related to this Hardware and Hardware Installation Warranty shall be instituted exclusively in the courts in the judicial district of Montreal, Province of Quebec, Canada, or the courts in any other jurisdiction mutually agreed upon by the Parties in the Master Agreement, and the Parties irrevocably submit to the exclusive jurisdiction of such courts in any suit, action or proceeding. The United Nations Convention of Contracts for the International Sale of Goods is specifically excluded from and will not apply to this Hardware and Hardware Installation Warranty.

8.3 Effect of Failure or Delay. NORAT Inc., shall not be responsible or liable if the performance of its obligations is prevented or delayed due to: (i) Client’s own delay or failure to perform any of Client’s obligations under this Hardware and Hardware Installation Warranty; or (ii) Force Majeure Events.

8.4 Severability. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

8.5 Conflict. In the event of a conflict between the provisions of the Master Agreement and the terms of this Hardware and Hardware Installation Warranty, the terms of this Hardware and Hardware Installation Warranty shall prevail.

To access the Hardware and Hardware Installation Warranty prior to June 21, 2021, the applicable terms may be found here: https://www.norat.com.