THIS WARRANTY POLICY IS THE STANDARD LIMITED WARRANTY FOR THE ITO NAVAIDS SYSTEMS AND PRODUCTS, HENCEFORTH “PRODUCTS”, SUPPLIED BY ITO NAVAIDS, NOORDWIJK, THE NETHERLANDS, HENCEFORTH “ITO NAVAIDS”. THIS WARRANTY IS APPLICABLE UNLESS A DIFFERENT WARRANTY HAS BEEN SPECIFICALLY AGREED TO AND SIGNED BY AN ITO NAVAIDS AUTHORISED REPRESENTATIVE.
(a) Subject to the following limitations, ITO NAVAIDS warrants that, at the time of delivery to Buyer, Products will conform to applicable ITO NAVAIDS drawings and product specifications and will not have defects in workmanship and material. If applicable, ITO NAVAIDS warrants that, at the time of delivery, Products comply with applicable national and, where necessary, international rules and regulations. Note that unauthorised maintenance or repair may invalidate compliance with rules and regulations.
(b) Products do not conform as described in (a) the case of a defect in workmanship or material becoming apparent under normal authorised use consistent with ITO NAVAIDS product instructions and specifications. Regular wear and tear (including but not limited to failure of lamps) or issues with electrical power, relatively minor anomalies that are customary and or technically unavoidable, or the need for periodic maintenance shall not constitute non-conformity.
These warranties will be made available to the initial purchaser, and may be transferable to its successors and assigns.
The duration of these warranties is as follows:
1. LED-based Lighting fixtures: twenty-four (24) months after shipment of Product ex works, Noordwijk, the Netherlands 1).
2. All other Products: twelve (12) months after shipment of Product ex works, Noordwijk, the Netherlands 1).
(c) All Products repaired or replaced hereunder shall be warranted only for the unexpired share of the original warranty period. Should ITO NAVAIDS find the complaint about the defect justified, ITO NAVAIDS will repair or replace at its own discretion any faulty Product returned within the warranty period at its own cost (including material and labour costs, but excluding shipping costs). Repaired or replaced Products will be delivered ex works, Noordwijk, the Netherlands 1). Buyer bears all risk of loss or damage to all Products in transit.
(d) The integrity and reliability of ITO NAVAIDS systems and Products depends on the use of ITO NAVAIDS parts and components. For optimum performance and reliability of the ITO NAVAIDS system, Buyer is strongly advised to use only components and modules manufactured by ITO NAVAIDS. Buyer is advised not to use components and modules that are not manufactured by ITO NAVAIDS without seeking prior written permission from ITO NAVAIDS.
Any right of Buyer will lapse under this warranty if Product has been exposed or subjected to any of the following:
1. Any maintenance or lack of maintenance, repair, installation, handling, transportation, storage, operation, treatment, failure to observe the instructions for use or any improper use, excessive or otherwise, is not in compliance with ITO NAVAIDS’ instructions;
2. Any direct intervention, alteration, modification, transformation or repair by parties other than ITO NAVAIDS or parties given specific authorisation in writing by ITO NAVAIDS, without prior written permission from ITO NAVAIDS;
3. Any accident, foreign object damage, contamination, abuse, misuse, negligence, neglect or any other circumstances after delivery to Buyer; or
4. Any damage caused by failure of an ITO NAVAIDS supplied Product not under warranty or by any Product not supplied by ITO NAVAIDS.
ITO NAVAIDS shall not be held responsible for Buyer’s own Product or that of any third party, Product information, or memory data contained in, sorted on, or integrated with any Product returned to ITO NAVAIDS, regardless of whether still under warranty. Buyer is responsible for backing up all programs and data to protect against loss or corruption.
(e) In principle, repair to or redelivery of Product, as described in the aforementioned, shall be carried out only within the Netherlands. Repair and or redelivery outside of the Netherlands shall only be carried out if Buyer can reasonably request this of ITO NAVAIDS, and will be determined exclusively by ITO NAVAIDS. As regards noticeable defects, Buyer must submit a claim in writing within three (3) working days after delivery, failing which any claim on ITO NAVAIDS will lapse.
Claims of other defects must be made in writing within ten (10) working days after emergence, failing which any claim on ITO NAVAIDS will lapse.
As regards Products or parts of Products received by ITO NAVAIDS from third parties, the warranty obligations ITO NAVAIDS grants to the Buyer shall never exceed, in nature or duration, the warranty obligations granted by those third parties to ITO NAVAIDS.
(f) This warranty is exclusive and in lieu of all other warranties, whether oral or written, express, implied or statutory, including, without limitation, any implied warranties of merchantability, suitability for purpose, or non-infringement, all of which are hereby expressly disclaimed. No extension or elaboration of this warranty shall be binding upon ITO NAVAIDS unless expressed in writing and signed by an authorised ITO NAVAIDS representative.
(g) All disputes existing between parties shall be heard exclusively by the Amsterdam District Court in the Netherlands, unless ITO NAVAIDS decides to enlist another competent forum. This warranty notice is subject to Dutch law. The stipulations specified in the Convention of Contracts for the International Sale of Goods of 11 April 1980 do not apply, nor does any future international regulation concerning the purchase of moveable property of which parties can make use.
(h) ITO NAVAIDS reserves the right to modify its warranty at any time, at its sole discretion.
1). EXW, Incoterms
's Gravendijckseweg 23
2201 CZ Noordwijk
+31 (0)71 3611 987