Warranty Terms

Warranty Agreement

1. Coverage Duration

The warranty extends for a period of one year from the date of installation, providing coverage against errors in workmanship or installation. Claims must be lodged within the Warranty Period. This Agreement is not subject to renewal. The warranty becomes null and void if full payment is not received within the timeframe specified under the Terms of Payment.

2. Scope of Coverage

DSKAY Technologies Zimbabwe (PVT) LTD will either repair or replace the defective part free of charge, provided that DSKAY Technologies Zimbabwe (PVT) LTD is notified of the product defect within the Coverage Period, and upon inspection, confirms the existence of such a defect and its coverage under this Agreement. DSKAY Technologies Zimbabwe (PVT) LTD may use new and/or reconditioned parts for warranty repairs and replacement products. DSKAY Technologies Zimbabwe (PVT) LTD reserves the right to use parts or products of original or improved design in the repair or replacement process. If a product is repaired or replaced, the warranty continues for the remaining portion of the Coverage Period. All replaced products and parts removed from repaired products become the property of DSKAY Technologies Zimbabwe (PVT) LTD. The warranty covers both parts and labor necessary for product repair.

3. Exclusions

This Agreement does not cover costs related to transportation, removal, installation, or field troubleshooting of the product under the terms of this Agreement if, but not limited to:

a) The product has been misused, neglected, physically damaged or altered, either internally or externally, or damaged from improper use or use in an unsuitable environment;

b) The product has been subjected to fire, splashed water (unless specifically ordered to be water-resistant), submersion into any liquid, generalized corrosion, biological infestations, or high input voltage including lighting strikes and generators operating outside the limits of their product specifications;

c) Repairs have been done to it other than by DSKAY Technologies Zimbabwe (PVT) LTD or its authorized service centers, or as assigned by DSKAY Technologies Zimbabwe (PVT) LTD;

d) The product is used as a component part of a product expressly warranted by another manufacturer;

e) The product’s original identification (trademark, serial number) markings have been defaced, altered, or removed;

f) The product has been modified;

g) The customer has misrepresented the product information provided to DSKAY Technologies Zimbabwe (PVT) LTD in order to receive coverage under the terms of this Agreement. This Agreement does not warrant uninterrupted or error-free operation of the product;

h) Product malfunction or damage resulting from electromagnetic or solar radiation;

i) Normal wear and tear relating to the non-operating functions of the equipment such as discoloration from direct sunlight, heat, etc.

4. Disclaimer and Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENT, DSKAY TECHNOLOGIES ZIMBABWE (PVT) LTD MAKES NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES, WHETHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES, EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD. IN NO EVENT WILL DSKAY TECHNOLOGIES ZIMBABWE (PVT) LTD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES HOWEVER ARISING WHETHER IN CONTRACT OR TORT INCLUDING WITHOUT RESTRICTION ANY ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, ANY PERSONAL INJURY, ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF MISUSE OR ABUSE, INTEGRATION OR OPERATION OF THE PRODUCT. DSKAY Technologies Zimbabwe (PVT) LTD neither assumes nor authorizes any other person to assume for it any other liability in connection with the repair or replacement of the product.

5. Claim Limits

Claims are limited to repair or replacement or if in DSKAY Technologies Zimbabwe (PVT) LTD’s discretion that is not possible to reimbursement up to the purchase price paid for the product. In no event will DSKAY Technologies Zimbabwe (PVT) LTD’s liability under this Agreement exceed the purchase price paid for the product.

6. Insurance

This Agreement is not a contract of insurance.

7. Amendment and Waiver

No amendment, supplement, consent or waiver, express or implied, to or of any provision of this Agreement will be effective unless in writing signed by the parties hereto and then only in the specific instance and for the specific purpose given.

8. Assignment

The Customer may assign or transfer this Agreement provided DSKAY Technologies Zimbabwe (PVT) LTD is advised by the Customer in writing of such assignment and the new system owner’s information.

9. Governing Law

This Agreement will be governed by and interpreted exclusively in accordance with the laws of Zimbabwe.

10. Entire Agreement

This Agreement constitutes the entire contract between the parties concerning the subject matter of this Agreement and supersedes all marketing brochures and other expectations, understandings, communications, representations and agreements, whether verbal or written, between the parties.