VIEVU warrants to Customer that, provided that the Camera has been stored and used in accordance with the Hardware Specifications and ordinary industry practices and conditions, each Camera shall be free from defects in materials and workmanship and shall conform in all material respect to the Hardware Specifications for a period of 90 days from the date of delivery (the "Initial Warranty Period"), provided, however, that VIEVU will extend the Initial Warranty Period for the life of the VIEVU Solution Subscription if Customer maintains an active subscription to the Subscription Software and at the time of the warranty claim, Customer has paid in full all amounts due and payable to VIEVU (the “Extended Warranty Period”) (the Initial Warranty Period and the Extended Warranty Period, as the case may be, shall be referred to as the referred to as the “Warranty Period”) . The warranty does not cover: (a) intentional damage; (b) use that is not consistent with its intended operation or the Hardware Specifications; (c) any damage caused by an attempt to open or alter the Camera or (d) the use of non-VIEVU branded or approved accessories or replacement parts. VIEVU DOES NOT WARRANT THAT THE OPERATION OF THE CAMERAS WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability.
COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SALE OR USE OF ITS PRODUCTS, WHETHER OR NOT COMPANY HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IF COMPANY BREACHES ANY PROVISION OF THIS AGREEMENT, PURCHASER’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE CONTRACT PRICE FOR THE PARTICULAR PRODUCTS. Customer agrees to indemnify and defend Company in the event of any claim for damages associated with malfunction or failure of a camera other than repair or replacement as provided in these Terms and Conditions.
Enhanced Warranty. VIEVU does offer an “Enhanced Warranty”. This “Enhanced Warranty” extends the Warranty coverage described above, as well as spare cameras and parts from accidental and/or unintended damage. If a valid warranty claim is received by VIEVU within this “Enhanced Warranty” period, VIEVU agrees to repair or replace the product that VIEVU determines in its sole discretion to be defective under normal use, as defined in the product instructions. VIEVU’s sole responsibility under this “Enhanced Warranty” is to either repair or replace with the same or like Product, at VIEVUs option.