Bordeaux Digital Print Ink Ltd. (“Bordeaux”) warrants that during the Warranty Period (as defined below), the Products, when originally produced, packed and sealed by Bordeaux, stored, used and installed in strict accordance with the instructions of the respective Material Safety Data Sheet and Technical Data Sheet (“MSDS” and “TDS” respectively) relevant to each specific Product supplied by Bordeaux, shall substantially conform to the specifications set forth in the TDS (the “Warranty”).
Bordeaux Digital PrintInk™ warranty
If Bordeaux’s Products shall when stored, used and installed in strict accordance with the instructions of the respective MSDS and TDS respectively relevant to each specific Product supplied by Bordeaux, be proven by the Distributor to be the direct and sole cause of a print head breakdown during the initial warranty period of the original print heads therefore, which results in the cancellation of the equipment warranty for such print head or denial of service by the manufacturer, then Bordeaux shall compensate the Distributor for the percentage of life remaining of the print heads or the cost of repair, the lower of the two, subject to confirmation by Bordeaux of such damage. The foregoing obligation will only apply if:
- Distributor has previously provided Bordeaux with the following:
- Acceptable print samples (Nozzle Test Pattern) from the printer whose heads are subject to the Limited Warranty hereunder, both before installation of the Products (with the ink then installed in the printer) and after installation of the Products.
- The age of the printheads/ channel before installation and history of the printheads/channel in billion shots/nozzle where applicable.
- Serial number and purchase date of any printer in which the Product is to be installed.
- Head ID numbers of all print heads of printers where the Product is to be installed.
- Such damage is reported by Distributor to Bordeaux within two business days of the damage occurrence, via e-mail or facsimile with a written description of the damage and a completed form of a Print Heads Warranty Claim Form attached to this Warranty accompanied by the items requested therein to be supplied.Bordeaux reserves the right (but shall not be obligated) to inspect all print heads reported damaged and to perform an on site inspection with respect to any warranty claim submitted.
Bordeaux shall not be liable under this warranty and will have no obligation with respect thereto in case of any misuse or abuse, or unauthorized service, or use of the products not in strict accordance with the relevant MSDS, TDS or other instruction supplied by Bordeaux, or improper installation or storage, or if the alleged defect was caused by accident, fault, or negligence, fire, lightening or other hazard or any other causes external thereto.
Except as expressly provided above, Bordeaux hereby expressly disclaims and distributers waives any and all representations and warranties of any kind or nature, whether express, implied, statutory or arising by course of dealing or performance, usage in the trade or otherwise, including without limitation any warranties of title, non-infringements, suitability, merchantability and/or fitness for a particular purpose.
Guarantee against performance failure
Bordeaux’s sole obligation and liability under the Warranty shall be limited to either replacing the Product shown by Distributor as not conforming to the Warranty, or compensating the Distributor by way of credit applied towards future Product purchases from Bordeaux equal to the net price (not including VAT, freight, insurance, etc.) of such Product, as Bordeaux shall decide at its sole discretion, all subject to confirmation by Bordeaux of such non-conformity. The foregoing obligation will only apply if, within the Warranty Period, such non-conformity is reported as provided above and the non-conforming Products are returned toBordeaux with transportation charges pre-paid.
Notification of Claim
Distributor shall immediately report to Bordeaux any claim that a Product does not conform to the TDS, via telephone, e-mail or facsimile, and Distributor will confirm that Bordeaux has received such claim. The claim shall contain a written description of the failure to conform to the TDS, in sufficient detail for such failure to be identified by Bordeaux. In reporting the claim the Distributor shall fill out and provide Bordeaux with the Non-Conformity Form attached to this Warranty.
This Warranty does not cover Products, which have been provided free of charge or for testing purposes. THE REMEDIES STATED IN THIS WARRANTY CONSTITUTE BORDEAUX’S SOLE AND EXCLUSIVE OBLIGATIONS AND LIABILITY FOR BREACH OF THIS WARRANTY.
