The following contractual agreement outlines the warranty provided by myComply USA Inc. to all customers conducting operations with myComply hardware in the United States. This document outlines the rights and responsibilities of both myComply USA, henceforth THE SUPPLIER; and its' customers, henceforth THE CONSUMER, when a transaction involving myComply access-control hardware, henceforth THE PRODUCT occurs. This document also outlines the scope of work to be taken on by the Vendor, dispute resolution procedures, and other disclaimers. By signing this document, you agree to comply with any and all included requirements,
procedures and obligations.
This warranty does not cover and does not imply any promises of coverage regarding software. Please see the myComply Software Limited Warranty Agreement to understand and acknowledge your rights.
This document fulfills all requirements of United States Public Law 93-637 (The Magnuson-Moss Warranty Act). Pursuant to this act, the Consumer is reminded that this contract, upon entry into force, begins a LIMITED WARRANTY policy; subject to all agreed-upon restrictions and limitations. In addition, this Warranty does not attempt to imply any form of tie-in sales promotions or other purchases required to ensure the functioning of the warranty.
Please visit https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg2183.pdf to understand your full rights under United States Public Law 93-637.
The Consumer is reminded that this warranty only applies to physical goods sold in the United States by myComply USA Inc.
If, at any time, it is determined that the rights outlined in this agreement fail to satisfy legal requirements in the State of Purchase or the United States; this contract will immediately become null and void. The Supplier will work to reconfigure this contract to meet relevant
legal statutes, and the Consumer shall be entitled to a new warranty contract, lasting for the remaining duration of the previous warranty. This new warranty will be effective on the day a new warranty agreement is presented and signed.
The Vendor will act as surety in employing third parties to deliver, service, or otherwise attend to The Product. These third parties are to act as agents on behalf of the vendor and fall under the responsibility of the vendor. Any third party contracted by the vendor is guaranteed to abide by any terms set out in this agreement.
Liability to the Consumer incurred by third parties acting as agents of The Vendor will be covered by the Vendor, for as long as this contract remains in effect, as long as liability is restricted as specified in sections two (2) and three (3): The Vendor only guarantees damages that fall within these sections.
All products sold by The Vendor are not for resale and are non-transferrable. This warranty is also non-transferable.
The Vendor attempts to make no promises or claims regarding the performance of any hardware item during any point in the sales cycle outside of this warranty and thereby excludes any express or implied warranties from this contract, or from any commerce conducted with the Consumer. Any information regarding the performance, reliability, durability, or other details of any hardware, in any marketing or sales material is purely for informational purposes and does not constitute a promise made to the Consumer.
All products provided by The Vendor are tested and thoroughly checked for defects, but in some cases, defective units may be shipped to The Consumer. The Vendor acknowledges this and will attempt to remedy these defects using any combination of methods described below, for the duration of this agreement.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OF ITS AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS OR GOODWILL) SUFFERED OR INCURRED BY SUCH OTHER PARTY OR ITS AFFILIATES IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. What Does This Warranty Cover?
This warranty covers any and all defects in product material, workmanship, and manufacture; such as to cause impaired service to The Consumer, with the exception of those listed under Section 3: What Damages does this Warranty Not Cover?
During the course of this warranty, if The Product sold by The Supplier is found to be defective due to material or workmanship errors; The Supplier shall repair or replace said defective Product, free of charge including all shipping and handling costs, provided The Consumer has made a reasonable attempt to safeguard any items covered by this warranty. (See Definitions) The Consumer must immediately notify The Vendor when a defect is discovered.
If said product can be fixed on-location, The Supplier may choose to dispatch an employee or agent to fix the issue. The decision to either replace or repair the defective Product shall be made at the sole discretion of the vendor.
This warranty also covers any errors or mistakes made in the installation of The Product, provided said Product is installed by an employee or agent of The Supplier. The terms of such installation are to be specified in the sales contract. The Supplier assumes no financial liability, responsibility, or coverage for The Product if it is improperly installed by the Consumer. While The Consumer is not directly protected under warranty in the event of improper self-directed installation causing damage, The Supplier shall recognize the importance of ethical and sustainable commerce and shall undertake a reasonable effort to provide The Consumer with a timely, cost-effective solution, fix, or replacement.
As a rule, the Damage Cap on any contractual damages paid by the vendor, whether in cash or in-kind, shall be the sales price of the Product as stipulated in this contract. By signing this, the Consumer agrees that they may not, under any circumstances, seek damages exceeding the value of The Product that was purchased.
3. What does this Warranty Not Cover?
This warranty does not cover any problem caused by conditions, malfunctions, or damage not resulting from defects in material or workmanship. It does not guarantee any software sold by The Supplier.
In addition to the above, the Warranty excludes the following:
• Damages caused by any natural disaster, extreme weather, pandemic, or government ordnance.
• Damages caused by failure to perform adequate maintenance to the area surrounding The Product.
• Damages caused due to vandalism, theft, misuse, or mischief.
• Damages caused by combining The Product with Third-Party Hardware (retrofit).
• Damages caused by the malfunctioning of a unit, including but not limited to any damages that result from lost time on site, fire, or electrocution.
• Any units with an expired warranty
• Smart Badges and/or USB issuers
In addition, this warranty specifically does not cover any damages caused to The Product by consumer negligence if the Consumer is found to have continually or deliberately ignored safety precautions issued by The Supplier. The Supplier reserves the exclusive right to terminate this warranty if the Consumer deliberately fails to make a reasonable effort to safeguard The Product. The Supplier shall, however, recognize that mistakes are a part of any undertaking, and will exercise reasonable restraint in altering, modifying, or canceling this warranty contract.
3A. Retrofits & Service Charges
As per section 3, damages caused by combining the Product with Third-Party Hardware will not be covered by the Warranty. Any onsite maintenance, servicing, or support that is related to a unit that has been retrofitted or a hardware unit that has an expired warranty (see section 4) will be subject to a Service Charge.
4. How Long Does This Warranty Last?
This Warranty covers The Product for a period of one year, beginning on the date that hardware is delivered.
A replacement Product assumes the remaining warranty of the original product, or 90 days from the date of replacement or repair, whichever is longer.
5. Disputes and Resolution
Dispute is defined as a material disagreement between the Vendor and the Consumer, such as to cause a breakdown in the fundamental working relationship between the former and the latter. This includes, but is not limited to, failure to abide by any requirements set out in the Hardware Warranty or Sales Invoice.
In the event of a dispute between the Vendor and the Consumer, steps will be taken in the following order to resolve the issue as outlined below. All parties should make every reasonable attempt to reach a satisfactory outcome before disputes are escalated to the next level.
Basic Dispute Resolution
The Vendor and the Consumer will schedule an online meeting at a mutually agreeable time, to clarify details around the dispute and to outline a common goal between parties. The Vendor and Consumer are to discuss strategies to reach the goal, and any barriers to that may impede reaching said goal. Following this, the Vendor and the Consumer will agree upon actions that will be taken, so as to resolve the dispute.
Level 2 Dispute Resolution
If Basic dispute resolution does not result in an end to the dispute, Level 2 Resolution will commence. The Vendor will escalate the dispute to management, who will henceforth be responsible for determining a resolution by any means possible.
Level 3 Dispute Resolution
If both Basic and Level 2 dispute resolution does not produce a satisfactory outcome, the Vendor reserves the exclusive right to cancel any outstanding contracts and cease its working relationship with the Consumer. By signing this agreement, the Consumer understands that no damages or refunds will be issued upon the termination of any contract if that contract is terminated as a result of the Level 3 Dispute Resolution Process.
Failure to provide consideration in exchange for the Vendor's goods following the signing of this contract is explicitly excluded from and does not fall within normal dispute resolution procedures. If the consumer has not provided consideration within 30 days of a signed contract, the consumer will be considered to have frustrated this contract, and any other outstanding agreements with the Vendor. In this case, the Vendor reserves the exclusive right to modify, suspend, or outright cancel any and all services provided to the Consumer, with an understanding that no refunds or damages will be issued. These actions may be reversed at the Vendor's discretion, should consideration be received.
6. Contacting myComply
Support may consist of e-mails, phone calls, video chats, in-person meetings, or any other means that ensures The Consumer can get the support they need. The Consumer will be introduced to a full-time success representative, as well as general support contact information as a part of the sales process.
For quick reference, myComply Support is available via the following channels:
◦ The Supplier refers to myComply USA Inc., acting as a subsidiary of Community Compliance Management Technologies Inc., Canada.
◦ The Consumer refers to the purchaser or lessor of hardware provided by The Supplier.
◦ The Product refers to any tangible hardware item(s) that is (are) received by The Consumer from The supplier in exchange for consideration, as stipulated in the sales agreement.
◦ The Sales Agreement is attached to this document. It outlines the requirements for The Product to function effectively, and any terms pertaining to payment.
◦ Defect or Defective means any manufacturing error that causes impaired functioning of The Product
◦ A reasonable attempt to safeguard any items covered by this warranty means, but is not limited to, protecting products from excessive force, shock, exposure, and reckless use.
◦ Consumer Negligence refers to a deliberate effort by the Consumer to ignore precautions issued by myComply in the Sales Agreement, causing impairment to the functioning of The Product.
Last Updated: September 15, 2022