Genetec Hardware Warranty Terms

This document defines the hardware warranties offered by Genetec for products manufactured or resold by Genetec Inc. or its subsidiaries. 

All hardware products and accessories manufactured by or on behalf of Genetec (below referred to as “Genetec hardware”) are covered by a Genetec hardware warranty, as outlined in this document. Hardware products and accessories manufactured by third parties and resold by Genetec (referred to as “third party hardware”) are covered by warranty terms and conditions defined by the relevant original equipment manufacturer (“OEM”).

1. Genetec Hardware Warranty Terms

   Scope. Genetec hardware, when purchased directly from Genetec or through an authorized third party sales channel partner of Genetec (referred to as an “Authorized Reseller”), is warranted to be free from defects in design, materials and workmanship when used in accordance with its respective Genetec user manual during the applicable warranty coverage period. 
   
   Coverage. Unless expressly stated otherwise, each Genetec hardware comes with a standard warranty coverage period. Warranty coverage on Genetec hardware may vary by product and by territory of procurement. The coverage for a given Genetec hardware (as well as any exceptions applicable to its components, as the case may be) is defined in the corresponding packing slip, invoice, receipt, or other relevant documentation issued by Genetec (referred to as “Genetec documentation”). Genetec may allow to extend the original coverage period on some hardware products. To be valid, warranty coverage period extensions must be purchased as part of the same transaction as the associated hardware. 
   
   Warranty Commitment. If, during the applicable warranty coverage period, a Genetec hardware is determined, upon assessment by Genetec, to be in breach of the warranty commitment above, Genetec will, at its sole discretion, do one of the following: (a) repair the defective product; (b) replace the defective product with a new or refurbished product; (c) replace the defective product with a different product that has equivalent or better specifications; or (d) credit the price paid for the defective product, up to the value of its Genetec manufacturer suggested retail price (MSRP). To be valid, a warranty claim must be made by the rightful owner of the title to property on the affected Genetec hardware at the time of the warranty claim (the “Customer”) or by its authorised representative.
   
   Coverage Exclusions. Hardware warranty does not cover the costs associated with on-site evaluation of a system problem, determining if there is a warranty issue, or replacing a defective product. Additionally, unless expressly stated otherwise, the following items are not covered by the Genetec hardware warranty: (a) Genetec hardware or third party hardware not purchased from Genetec or one of its Authorized Resellers; (b) hardware products used with unsupported ancillary equipment or software; (c) defects or damages from misuse (including, but not limited to, use that is not in accordance with accompanying documentation and user manuals), improper modifications, accident, or neglect; (d) defects or damages from drilling holes, adding decals or adhesives, or painting the product; (e) defects or damages due to water damage, lightning, explosions, or other electrical discharges; (f) hardware disassembled or repaired in a manner that adversely affects performance or prevents adequate inspection and testing to verify any warranty claim; (g) modification, abuse, or tampering with the hardware; (h) acts of God (such as flash floods, pandemics, earthquakes, lightning, fire, gas leaks, and so on); (i) normal wear and tear; (j) any software (other than firmware) embedded, installed, or otherwise provided ancillary to the hardware covered by warranty under this document; and (k) support services.
   
   Additional Protections. Genetec may include or make available for purchase or subscription additional services with regards to some Genetec hardware (such advanced replacement, on site repair services, or advanced support). The scope and the terms of such additional services are outlined in the applicable Genetec documentation and their respective terms and conditions. 
   
   OEM Coverage. Certain Genetec hardware may be manufactured for Genetec by a third party OEM (referred to as a “Genetec supplier”). In these cases, the standard warranty and/or extended warranty for such Genetec hardware may be provided by the relevant Genetec supplier. Genetec will work with the Genetec supplier to ensure timely and appropriate warranty coverage by each Genetec supplier. Where relevant, Genetec may pass through the terms and privileges of the warranty defined by the relevant Genetec supplier to Customer with regards to the applicable Genetec hardware, and such warranty will apply in addition to, and not in replacement of, the terms set out in this document. In the event of any inconsistency or conflict between the terms of warranty defined by the Genetec supplier (as passed though to Customer) and the terms set out in this document, the terms of these terms will take precedence and apply.
    

2. Third Party Hardware Warranty Terms

   Coverage. All third party hardware resold by Genetec (whether directly or through an Authorized Reseller) comes with warranty coverage provided by the OEM of such third party hardware.

   Warranty Commitment. Genetec commitment with regards to the warranty coverage for third party hardware consists of (a) passing through to the Customer the applicable OEM warranty for such third party hardware, and (b) using commercially reasonable efforts to assist the Customer with claiming the warranty services on the affected third party hardware with the OEM in accordance with the OEM warranty terms during the relevant third party hardware warranty coverage period.
    

3. Additional Terms

   Contact Information. To contact Genetec for warranty claims or any other questions, please contact our Customer Support team by visiting https://www.genetec.com/support or by sending an email at [email protected]. Support may also be requested through the relevant Authorized Reseller.

   Authority. If Customer makes a warranty claim with regards to Genetec hardware or third party hardware during the applicable coverage period, Customer represents and warrants to Genetec that Customer is the lawful owner of the affected hardware, and that Customer has full power and authority to make a warranty claim on that hardware and to allow Genetec to process that claim in accordance with the terms set out in this document.

   Authorized Resellers. Where the hardware is purchased from Genetec by an Authorized Reseller, the Authorized Reseller is responsible for passing through the coverage outlined in this document to the relevant Customer. Unless expressly agreed to otherwise in writing by Genetec, Genetec is not responsible for any warranty claims or commitments made by any Authorized Reseller to the extent that such claims or commitments exceed or are otherwise inconsistent with the warranty terms outlined in this document.

   Warranty Return and Repair. Warranty returns and repairs are only included for select hardware products. All returns require a prior written authorization from Genetec and a Genetec return merchandize authorization (“RMA”) number. Any warranty-related hardware returns without the appropriate RMA number will be rejected by Genetec and will be returned to the sender at the sender’s cost. All warranty returns and repair are subject to the Genetec RMA Policy.

   Ownership. Unless expressly stated otherwise, all products (or portions thereof) replaced under warranty shall become the property of Genetec upon Customer receipt of the corresponding replacement, and the Customer shall promptly return such replaced equipment (or replaced portions thereof) upon Genetec’s request. If such replaced equipment is not returned within 30 days after receiving of the new parts, the Customer will be obliged to pay to Genetec the value of the replacement part. This does not apply to the ‘Keep Your Hard Drive’ service.
    

4. Limitations of Liability and Other Legal Stuff

   Compliance with Laws. Customer understands and agrees that its use of Genetec hardware must be in compliance with all applicable laws, rules and regulations, including, without limitation, those pertaining to privacy, intellectual property, export controls and trade sanctions. Customer is responsible for determining if and how Customer needs to comply with the applicable laws and if Customer needs to obtain any permits before Customer installs, accesses and uses any Genetec hardware.

   No other warranties. Except for the commitments expressly outlined in this document, Genetec makes no representations and provides no warranties, express or implied, of any kind, including, without limitation, any implied warranties of merchantability, quality, title, noninfringement, or fitness for particular purpose, or that any Genetec hardware or third party hardware will operate without errors or interruptions.

   Limitation of liability. To the maximum extent permitted by law, Genetec total responsibility for malfunctions and defects in any hardware in breach of the warranty outlined in this document is limited to the amount that Customer paid for the purchase of the affected hardware unit, up to the value of its Genetec manufacturer suggested retail price (MSRP). To the maximum extent permitted by law, in no event shall Genetec be liable for any indirect, special, incidental, or consequential damages of any type arising out of or in connection with the warranties outlined in this document or failure of any Genetec hardware or third party hardware to comply with the warranties outlined herein, including, without limitation, any damages for loss of profit, business interruption, loss of business opportunity or loss of data, even if Genetec has been advised of the possibility of such damages or they were reasonably foreseeable.

   Genetec Responsibility and Customer Rights. The warranty covered in this document defines the extent of Genetec commitments with regards to hardware products sold by or on behalf of Genetec. This document does not, however, limit any other rights that Customer may have under the terms of the application law. The limitations of liability outlined in this document do not apply in those jurisdictions where such limitations are not allowed under the applicable law. 

   Severability. If any provision of these terms is held by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent permitted by law. Nonetheless, such provision shall continue to apply in full force and effect in all other jurisdictions. Moreover, the remaining provisions of these terms shall remain in full force and effect.

   Applicable Law and Forum. Unless expressly prohibited by the laws in Customer’s jurisdiction, the laws of the Province of Ontario, Canada, and the applicable federal laws of Canada, except for any conflict of laws principles, will apply to interpret these terms, govern the parties’ respective rights and commitments hereunder, and to resolve any disputes between them in relation to the subject matter of this document. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Each party hereby irrevocably and unconditionally waives the right to a trial by jury. All such disputes must be brought exclusively before the courts based in Ottawa, ON, Canada.

   Updates. Genetec reserves the right to update and replace this document at any time. Please refer to the relevant Authorized Reseller to confirm the terms of warranty of any hardware product prior to purchase.

   Entire Understanding. This document constitutes the entire understanding between Customer and Genetec with regards to the subject matter hereof and supersedes any other prior and contemporaneous communications and agreements.

This Agreement has been last updated on June 1, 2023. The latest version of this Agreement may be found at https://www.genetec.com/legal/hwterms. We invite you to subscribe to the legal notifications in our Email Subscription Center to, among other things, be notified of any major changes to this document.