Twine Warranty

WARRANTY

1. Definitions.
   1. “Consumables” means any proprietary ink of Twine used by the Products.
   2. “Consumable Parts” means parts that need to be frequently replaced in the ordinary course of the normal operation of the System.
   3. “Customer” means Twine’s customer to which this Warranty is granted.
   4. “Software” means the object code form of both (i) Twine’s proprietary software or firmware and (ii) software and firmware that Twine has obtained pursuant to rights granted from third parties, which software Twine may distribute as standalone products or may incorporate into the Products. Software is only licensed and not sold to Customer while utilizing the System.
   5. “Spare Parts” means the components used to maintain and repair the System.
   6. “System(s)” means the systems set forth in Schedule A, and any future models of Twine’s systems as shall be determined by Twine at its sole discretion.
   7. “Products” means the System, Consumables, Spare Parts, Software, System options, accessories (non –consumables) and upgrade kits, as may be updated by Twine from time to time at its sole discretion.
2. Scope of Warranty. Twine Solutions Ltd. (“Twine”) and its affiliates, and any other third party on its behalf (collectively, the “Company“) warrants to Customer that the System under normal use and service be substantially free of material defects and faulty workmanship (the “Warranty“).
3. Warranty Period. The Warranty shall be in effect only during the warranty period, which shall be the first twelve (12) months from the date of completion of installation at the Customer’s site, as evidenced by the COI form (i.e., completion of installation) (the “Warranty Period“).
4. In the event of any defect in the System within the Warranty Period which renders the System to be not conforming to the Warranty specified in Section 1 above (a “Defect“) Customer shall promptly notify Company of the Defect and Company shall rectify the Defect by the repair or replacement, at Company’s option, of such part of the System, at its sole cost and expense, provided that the following conditions are met: (i) the System shall not have been installed, altered, repaired or reworked by any party other than Company, without Company’s prior written consent, (ii) the Defect is not the direct consequence of a cause attributable to any party other than the Company, (iii) the Defect did not result from Customers or any third party’s use of the System with incompatible, or defective equipment or software, (iv) the Defect was not caused from actions, omissions, circumstances or other events occurred following the delivery date by Company (including, without limitation, by fire, power interruption or surge, or any other act outside of Company’s reasonable control), (v) the System was at all times used solely in accordance with the Company’s written instructions, guidelines, operating and maintenance manuals, and in compliance with any installation of changes, revisions, hardware, firmware or software revisions provided by Company, (vi) Company was promptly notified in writing of the Defect after it was discovered, and (vii) only Company authorized Consumables were used in the operation of the System. Any use of non-Company authorized Consumables in the operation of the System shall void the Warranty and may be resulted in a safety hazard which is not covered under the Warranty. It is hereby clarified that Company shall not be liable for such use of non-Company authorized Consumables and any result thereof.
5. It is clarified that Consumables and Consumable Parts are not covered by the Warranty and the costs of any Defect thereof shall be borne exclusively by the Customer.
6. The Warranty shall include remote and on-site support.
7. Customer Replaceable Unit (CRU). Customer shall be solely responsible for installation of each CRU delivered to it during Warranty Period; provided that Customer may request Company to replace the CRU, which shall be chargeable at Company’s then prevailing service rates. “CRU” shall mean a component of the System, as determined by Company, that is replaceable by Customer without on-site assistance from Company.
8. Warranty Exclusions. Company’s sole and exclusive liability and Customer’s sole remedy for breach of the Warranty will be to have Company use commercially reasonable efforts to modify the System and correct the Defect within a reasonable period of time. To the extent permissible under applicable law, Company provides System “as is” and does not warrant uninterrupted or error-free operation. Company makes no and hereby expressly disclaims all other warranties and conditions with respect to the System, whether expressed or implied, including, but not limited to warranties with respect to merchantability, fitness for a particular purpose, non-infringement, title, warranties implied from a course of dealing or course of performance.