SENSOR HARDWARE WARRANTY TERMS

Important

This page contains the terms and conditions that apply to a customer's (“Customer”) purchase of hardware products, including wireless sensors, gateways, and related accessories (“Products”), from EAMS Technologies Inc (“EAMS”). Acceptance of Customer's order is conditioned on these terms and conditions of sale. By placing an order with, or accepting delivery of Products from, EAMS, Customer agrees to be bound by these terms and conditions. These terms and conditions apply unless Customer and EAMS have signed a separate purchase agreement with different terms that expressly governs the sale of the Products in question.

Our Role as Reseller

EAMS is a value-added reseller and distributor of hardware manufactured by third-party original equipment manufacturers (each, a “Manufacturer”). EAMS does not design or manufacture the Products it sells, including Products marketed or cataloged under ioX-Connect product names. All Products are covered exclusively by the applicable Manufacturer's warranty as described in the Manufacturer's Warranty section below. References in this document to Products do not imply that EAMS is the manufacturer of any Product.

Terms of Sale

All orders are payable in advance. EAMS does not extend credit lines or open account terms. EAMS may refuse or delay shipments if any amounts due to EAMS remain unpaid, whether under this or any other contract between EAMS and Customer.

All shipments are F.O.B. Origin. The full purchase price is invoiced upon EAMS's acceptance of an order. A service charge of 1.5% per month, or the maximum permitted by law, whichever is less, may be added to any delinquent amounts owed to EAMS. If EAMS incurs collection costs to collect any amount due, Customer agrees to pay those collection costs, charges, and expenses, including reasonable attorney's fees if the account is placed with an attorney or collection agency.

Prices are subject to change without notice. Payments should be made according to the instructions on the face of the invoice, using one of the forms of payment described in the Payment for Hardware section below.

Order Placement

EAMS accepts orders in person, online through our eCommerce site, by phone, or by email. To place an order by telephone, contact your EAMS sales representative at +1 (321) 441-9641 between 8:00 a.m. and 5:00 p.m. Eastern Time (ET), Monday through Friday, or email sales@iox-connect.com.

Web Specials

From time to time, EAMS offers special online sales and discounted items on our eCommerce site at hardware.iox-connect.com. Inventory is limited. Specials are first come, first served; no rain checks are available on web special products.

Payment for Hardware

Acceptable forms of payment include credit card (VISA, MasterCard, or Discover) through our online store or via a sales associate, check, or money order. All payments must be in United States dollars (USD). Check payments are accepted only from companies or individuals domiciled in the United States. Orders paid by check are held for a minimum of five (5) business days to allow funds to clear.

Cellular Gateway Service Plans

Cellular gateways require activation of a two-year service agreement unless otherwise noted, or unless Customer purchased a cellular gateway without a data plan. If Customer cancels a service agreement before its end date, an early termination fee applies. Cellular data fees are based on monthly per-megabyte usage with a 5-megabyte minimum charged at the beginning of each monthly billing cycle. If usage exceeds the prepaid 5-megabyte allowance, the next megabyte is billed automatically as used. Data usage resets at the beginning of each billing cycle. Customer must stay current on all cellular service plan fees; failure to do so may result in suspension or termination of service, in which case early termination or reconnection fees may apply. See the Cellular Gateway Service Plan agreement on our website for details.

Shipping Times, Charges, and Taxes

Orders received before 2:00 p.m. ET are shipped the same business day via UPS or FedEx if all items are in stock. Orders received after 2:00 p.m. ET are processed the following business day (EAMS's regular business hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. ET), provided the ordered items are in stock. Orders are delivered Monday through Friday unless you request Next Day Air Saturday delivery in advance through your sales representative, for an additional charge (typically $85 plus the cost of the Next Day Air shipment). Orders placed after 2:00 p.m. ET with a request for same-day shipping will be accommodated where stock allows, subject to an $85 expedite fee.

Separate charges for shipping (UPS, FedEx, DHL, or USPS rates apply) and handling are shown on the invoice. EAMS's preferred carrier is FedEx at standard shipping rates. If you have an account with another carrier, EAMS can ship on your carrier account number.

Unless Customer provides EAMS with a valid tax exemption certificate applicable to the ship-to location before EAMS accepts the order, Customer is responsible for sales and all other taxes associated with the order. Where applicable, taxes are shown as a separate line on the invoice.

Items not in stock at the time of order are subject to a lead time, typically 2-3 weeks, and may be affected by Manufacturer availability. 

International Customers

EAMS is not responsible for brokerage, customs fees, duties, or country taxes. The actual value of all orders is stated on the invoice; restating lower values is not permitted. Contact our sales team to find out whether an EAMS representative operates in your country.

Title and Risk of Loss

Title to Products and risk of loss pass from EAMS to Customer upon shipment from EAMS's facilities and delivery to a common carrier. Title to software remains with the applicable Manufacturer or licensor at all times.

Claims for Missing or Damaged Goods

Any claim by Customer for omission of Products from a shipment, shortages, or goods damaged in transit is waived unless Customer notifies EAMS within fifteen (15) days after receipt of the shipment.

Dead on Arrival (DOA) Products

If a Product fails to function on first use, Customer must notify EAMS within thirty (30) days of receipt and obtain a Return Material Authorization (RMA) number. Verified DOA Products will be replaced or, at EAMS's option, refunded at the price paid. DOA Products must be returned unmodified and in original packaging.

Manufacturer's Warranty (Pass-Through)

(a) All Products sold by EAMS are manufactured by third-party Manufacturers and are covered exclusively by the applicable Manufacturer's warranty. Warranty periods and terms vary by Manufacturer and Product - typically one (1) year from the date of shipment - and are stated on the applicable product datasheet, Manufacturer documentation, or order documentation. To the maximum extent permitted, EAMS assigns and passes through to Customer the benefit of each Manufacturer's warranty. EAMS itself makes no warranty of any kind with respect to the Products, and nothing in these terms enhances, extends, or supplements any Manufacturer's warranty.

(b) EAMS will facilitate warranty claims on Customer's behalf. To make a claim, Customer must obtain an RMA number from EAMS before returning any Product, and must return the Product unmodified, in original packaging, in a shipping carton that clearly displays the RMA number. Customer bears the risk of loss and shipping costs for return shipment to EAMS. For claims accepted under the applicable Manufacturer's warranty, the remedy will be repair, replacement with a product of substantially identical form, fit, and function, or refund of the purchase price (less any discounts), as determined by the Manufacturer's warranty terms. Repair parts and replacement products may be new or reconditioned; replaced products and parts become the property of EAMS or the Manufacturer. Repaired or replaced Products are covered for the remainder of the original warranty period only. EAMS will bear the cost and risk of loss of ground shipment of repaired or replacement Products back to Customer.

(c) Manufacturer warranties do not cover, and EAMS and each Manufacturer will have no obligation with respect to: Products subjected to abuse, misuse, neglect, accident, improper installation, improper storage, or operation outside the Manufacturer's published environmental or electrical specifications; Products that have been modified or repaired by anyone other than the Manufacturer or its authorized service provider; batteries and other consumable items; and cosmetic damage that does not affect functionality. EAMS may refuse warranty processing for Products that are damaged or not in original form.

(d) Software and firmware embedded in or supplied with the Products are provided by the applicable Manufacturer or licensor. If embedded software or firmware fails to conform to the Manufacturer's published specifications, EAMS will refer the issue to the Manufacturer and use commercially reasonable efforts to obtain a bug fix, patch, or updated release from the Manufacturer. Neither EAMS nor any Manufacturer warrants that software or firmware is error-free or uninterrupted.

(e) EAMS's warranty facilitation obligations run solely to Customer. EAMS has no obligation to Customer's customers or to other users of the Products.

Disclaimer of Warranties; Limitation of Liability

EAMS IS A RESELLER OF THE PRODUCTS AND MAKES NO WARRANTIES OF ITS OWN. THE MANUFACTURER'S WARRANTY DESCRIBED ABOVE IS THE ONLY WARRANTY APPLICABLE TO PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED BY EAMS TO THE MAXIMUM EXTENT PERMITTED BY LAW. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRODUCTS AND SERVICES FURNISHED BY EAMS ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR-FREE. EAMS IS NOT LIABLE FOR PROBLEMS CAUSED BY CUSTOMER OR A THIRD PARTY; BY WIRELESS CARRIERS, DATA CENTERS, BUILDINGS, ACCIDENTS, TERRAIN, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER, OR OTHER CONDITIONS BEYOND EAMS'S CONTROL; OR BY ANY ACT OF GOD.

THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN APPLICATIONS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION LIFE SUPPORT, MEDICAL DEVICES, AND NUCLEAR APPLICATIONS. EAMS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, EXPRESS OR IMPLIED, FOR SUCH USES. IF CUSTOMER NEVERTHELESS CHOOSES TO USE THE PRODUCTS, SOFTWARE, OR SERVICES IN SUCH APPLICATIONS, CUSTOMER DOES SO AT ITS OWN RISK AND MUST NOT RELY ON THEM AS ITS SOLE OR PRIMARY SOURCE OF MONITORING.

EAMS'S TOTAL AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT GIVING RISE TO THE CLAIM. UNDER NO CIRCUMSTANCES SHALL EAMS BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING EAMS'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

Intellectual Property Claims

The Products are designed and manufactured by third-party Manufacturers. To the extent a Manufacturer provides intellectual property infringement protection for a Product, EAMS will, to the maximum extent permitted, pass through the benefit of that protection to Customer and will provide reasonable assistance in tendering any infringement claim to the applicable Manufacturer. EAMS itself does not provide any independent indemnity for intellectual property infringement arising from the design or manufacture of the Products.

EAMS has no liability for any claim, suit, or action based in whole or in part upon or arising out of compliance with Customer's designs, specifications, or instructions; modification of any hardware or software; or the combination of hardware or software with products or items not furnished by EAMS. THIS SECTION STATES EAMS'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, SUIT, OR ACTION ALLEGING INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT.

Publicity

Customer agrees that EAMS may use Customer's name and logo in presentations, marketing materials, customer lists, financial reports, and website listings of customers. If Customer prefers that its name or logo not be used, it must notify EAMS in writing. If Customer wishes to use EAMS's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features (“Brand Features”), Customer may do so only in compliance with these terms and only after obtaining EAMS's prior written consent.