DiGiCOR | Terms and Conditions of Warranty Service and Support

1. Definitions

Customer means the person or legal entity identified in Digicor's Quotation or Invoice.

Digicor means Digicor Pty Ltd or Digicor NZ Ltd.

Products means any systems or parts Digicor supplied to the Customer.

Remedial Support means all reasonable endeavours to restore Products to their proper operating condition.

Replacement Parts means spare parts used in repairing products.

Next Business Day Onsite service refers to the onsite technician’s obligation to call the customer to schedule an appointment by the “Next Business Day” after the replacement parts is made available.

2. Provision of Service and Support

If a Customer notifies Digicor that the Products have failed or are malfunctioning within the warranty coverage purchased, Digicor will provide Service and Support in relation to Products as follows:

2.1 Provide the Customer with Telephone Support at its sole option and for as long as it may decide.

2.2 Provide the Customer with Remedial Support if the fault cannot be rectified by Telephone Support. The extent of Remedial Support, and whether it is to be provided remotely or by an on-site visit by a Digicor engineer, are at Digicor's discretion.

3. Subcontracting

Digicor has the right to subcontract the Services provided under these Terms and Conditions to any of its authorised service providers.

4. Customer’s Obligation

4.1 When contacting Digicor for warranty purposes, Digicor reserves the right to ask for information pertaining to ascertaining the validity of purchase including name, address, serial number, invoice and/or warranty number, parts model number, the current version of operation system being used.

4.2 The Customer should describe the problem that the Customer is having with the System with full details.

4.3 If the technician is unable to resolve the problem over the phone, the technician will recommend to the Customer the next course of action to be taken, and advise the steps for the Customer to follow. If the Customer does not follow these steps, Digicor may be unable to provide prompt and efficient service and support.

4.4 The Customer agrees to regularly and continually back up all data and software stored on the Product, and complete a backup prior to seeking Service and Support under these Terms and Conditions.

5. Replacement

5.1 Digicor reserves the right to replace the whole of the Products or any part or parts which may be found to be faulty or in need of investigation.

5.2 Products presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Where a Product is repaired or replaced under the Standard Warranty, the Product will be warranted for the balance of the original Standard Warranty period.

5.3 When installing replacement parts, Digicor may use products or any parts which may or may not be identical in all respects to the faulty Products.

5.4 Digicor reserves the right to supply Products or parts from any manufacturer it may, from time to time, deem appropriate.

5.5 The Customer must return the Product or part replaced to Digicor within 14 days after the date on which the Replacement Product or Replacement Part was delivered to the Customer by Digicor.

5.6 If the Customer does not return the Product or part replaced to Digicor by the due date, the Customer must pay Digicor for the Product or part replaced at Digicor's then current standard price.

6. Exclusions

6.1 Digicor will provide repair services that are necessary because of any existing defect or where a defect occurs in materials or workmanship in the system or in any system component covered by these Terms and Conditions. Preventive maintenance is not included. Repairs necessitated by software problems (for software not provided by Digicor), or as a result of alteration, adjustment, or repair by anyone other than Digicor (or its authorised representatives) are not included.

6.2 The following events are NOT COVERED under this warranty.

Damage caused by water, fire, lighting, earthquake, riot or war
Improper or inadequate maintenance or calibration by Purchaser
Damage caused by a fault in a telecommunications line, modem, electricity supply, company or authority, local power supply or any external line for which Digicor is not responsible
Degradation of equipment due to wear and tear in normal use
Damage or loss of software programs or data due to equipment or software failure
Operating system software, layered software such as development tools and compilers and application software
Housekeeping activities, in particular those relating to maintenance of demonstrable back-ups, recovery, archiving, media formatting and bad block management

7. Liability

7.1 Digicor will not be liable for any loss or damage sustained or incurred by the Customer or any third party (including without limitation any loss of use of the Products or loss of or spoiling of any of the Customer's programs or data) resulting from any fault in the Products, unless such fault is caused by the negligence or wilful misconduct of Digicor, its employees, agents or sub-contractors.

7.2 In the event of a claim by the Customer for breaches by Digicor, it is agreed that to the extent permitted by applicable consumer laws the liability of Digicor shall be limited to the purchase price of the equipment which gave rise to the claim. This shall be of effect whether any such breach may be a breach of condition or of fundamental cause.

7.3 The Customer must indemnify Digicor and keep Digicor fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors in connection with the purchase, use or performance of any Digicor products or services.

7.4 Any service response times stated by Digicor in the Service Offerings are approximate only and will not form part of these Terms and Conditions. Digicor will use all reasonable endeavours to meet the stated response times, however Digicor will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, however caused, as long as Service and Support is provided within a reasonable time where there is no agreed end date for the services.

7.5 Digicor denies liability or responsibility for any damages, loss of profits or other expenses incurred as a result of damage or loss of software programs or data due to equipment or software failure. The customer prior to the call to Digicor for on-site warranty service should back up any data themselves.

7.6 Some Services may require Digicor to access hardware or software that is not supplied by Digicor. Digicor does not take responsibility for third party warranties or for any effect that the Digicor services may have on those warranties.

7.7 Digicor does not warrant that Software will operate in hardware and software combinations selected by the customer, or meet requirements specified by the customer.

7.8 Digicor does not warrant that the operation of Products will be uninterrupted or error free.