Terms & conditions
1. Forecasts: Purchase Order
1. Customer will order Cybermind Products through the issuance of purchase orders at least 30 days in advance of the requested delivery dates. All pre-printed terms and conditions on purchase orders are superseded entirely by the terms and conditions of this Agreement. Each purchase order will adequately identify the Cybermind Product ordered by use of Cybermind's product code, set forth the requested quantity, and specify the requested delivery method and date. Purchase orders must be in writing and may be sent via facsimile to Cybermind's then current facsimile number.
2. Cybermind Products will be delivered to Customer in packaging reasonably acceptable to Customer, given shipment, warehousing and storage requirements. (Customer will advise Cybermind in writing of any special packaging or labelling requirements at the time in placing an order.) Delivery will be made CPT/FOB conform INCOTERMS 2000, Cybermind's manufacturing, warehousing or transhipment facility.
2. Prices and Terms
1. Customer will pay Cybermind for each Cybermind Product prior to shipment to Customer by Cybermind. All past due amounts shall accrue delinquency charges at the rate of two percent (2%) per month.
3. Warranties and Repairs
1. Cybermind warrants to Customer that:
- Cybermind warrants all equipment sold in accordance with this Agreement to be free from defects in workmanship and material under normal and proper use for a period of one year from date of delivery.
- This warranty does not include expendable components. In the event of a warranty claim, the Reseller/Customer may ship the defective unit to Cybermind for repair or replacement, at Cybermind's option.
- All transportation costs in connection with warranty service are the responsibility of the Reseller/Customer. In no event shall Cybermind be liable for loss of profits, indirect, special, incidental, or consequential damages arising out of any breach of this Agreement or obligations of this Agreement.
- Cybermind's liability under this Agreement shall in no event exceed the purchase price of the Products.
2. THE WARRANTIES IN SECTION 3.1 IS IN LIEU OF ALL OTHER PRODUCT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. If, within the warranty period specified in Section 3.1.1, an Cybermind Product does not comply with any warranty in Section 3.1 and Customer notifies Cybermind of such non-compliance prior to 30 days after the end of such period, Customer may ship such product back to Cybermind at Customer's expense. Cybermind shall at its option promptly repair or replace that Cybermind Product. Cybermind shall pay the costs of any such repair or replacement, including transportation costs incurred returning repaired or replaced products to Customer unless (i) the Cybermind Product is not defective, in which case Customer shall pay Cybermind reasonable costs of inspection and all transportation charges, or (ii) the Cybermind product is defective due to Customer's or any third party's damage, misuse, abuse, or failure to use Ink equivalent to the Cybermind Ink, in which case Customer shall pay all costs of repair or replacement and transportation. Customer must mark each package it returns to Cybermind under this Section 3.3 with a Returned Materials Authorization ("RMA") number, which Cybermind shall furnish to Customer on request, and shall include with each returned Cybermind Product a writing which specifies the reasons why Customer rejected that Cybermind Product.
4. Except as this Agreement otherwise provides, no amendment to this Agreement shall be binding unless agreed to in writing executed by Cybermind and Customer, and no approval, consent, or waiver shall be enforceable unless signed by the granting party. The pre-printed terms of any order (including without limitation a Purchase Order), are void and will not amend these terms. No document shall be deemed to amend this Agreement by implication.
Product Warranty Options
Each Cybermind product shall conform to the applicable specifications and be free from defects in materials and workmanship for One year after retail sale of the product. This warranty is exempt from (i) customer abuse or misuse, whether accidental or otherwise, (ii) normal wear and tear of components through general use, and (iii) damage caused by the opening or tampering with any system items or other causes not specifically within Cybermind’s direct control.
Extended Warranty Options
Extended warranty coverage on all products may be requested in writing by the customer at any time prior to the completion of the initial system installation. The customer prior to the expiration of the extended warranty term may request additional coverage in writing.
THE WARRANTIES MADE BY CYBERMIND, ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty is exempt from (i) customer abuse or misuse, whether accidental or otherwise, (ii) normal wear and tear of components through general use, and (iii) damage caused by the opening or tampering with any system items or other causes not specifically within Cybermind’s direct control. In no event shall Cybermind be responsible for personal injury or damage caused to customer’s or a third party’s equipment resulting from the handling or use of Cybermind’s product. In all cases, Cybermind’s liability shall not exceed the purchase price of the products.
Warranty Return Process
All items for which a warranty claim is made must be returned to Cybermind at the customer’s expense. Customers must contact Cybermind Customer Support to obtain a Return Material Authorization (RMA) numberprior to returning defective items and include a description of the deficiency. Upon receipt, Cybermind will confirm the warranty applicability and promptly repair or replace the item(s) at Cybermind’s option. All items determined to be non-warranty returns will be quoted with applicable repair or replacement, handling and return shipment costs.
Cybermind believes that customers should become as independent as possible and use their resources to maximum efficiency. As a customer option, Cybermind offers in-house or customer on-site training courses designed to enable the customer to conduct system set-up, calibration, diagnostic tests and routine maintenance tasks. Cybermind also offers via her partners software-training courses for the integration and set-up of tracking systems in immersive environments. All training courses are quoted on a per-contract basis and may be handled by an approved third-party provider.
Telephone Support & Call-Out Service
Cybermind offers all customers unlimited telephone support during the first six months of service, which provides access to experienced technical support staff. However, if customer questions or problems cannot be resolved over the phone and the issue or fault is deemed to be a non-warranty issue then full return-to-base and on-site services are available at an additional cost.
On-Site Spares Package
While not an essential part of the supply and support plan, it is recommended that customers requiring maximum autonomy and availability of their product should consider holding a selection of recommended spare parts on site. Exact requirements will depend on the type of product purchased and the scale of the installation. These can be discussed with the Sales Representative as required by the customer.