PRODUCT WARRANTY POLICY FOR MAD NADIR MAPPING LIDAR SYSTEM (“MNMLS”) 

1    Limited Warranty Period
 
1.1.    Mad Nadir Mapping, LLC (“MNM”) offers a three-month limited warranty of the Mad Nadir Mapping Lidar System (“MNMLS” or “Product”) from the original purchase date provided the Product is purchased directly from Mad Nadir Mapping, LLC or from an authorized distributor, subject to the terms of this Product Warranty Policy.

1.2.    The express terms of this Product Warranty Policy require the Purchaser and/or Customer to notify MNM in writing within seven (7) days of the Purchaser and/or Customer’s discovery of the defect in the Product.

 

2    Limited Warranty Terms

2.1    By purchasing the Product, the Customer and/or Purchaser agrees and acknowledges that they are bound by this Product Warranty Policy.

2.2    The three-month limited warranty covers replacement of parts and the cost of labor for equipment malfunction resulting from reasonable and intended use of the Product. This is the sole and exclusive remedy against MNM under this warranty.

2.3    Any and all defective parts that are returned to MNM shall immediately become the property of MNM upon return.

2.4    Purchaser and/or Customer shall be responsible for all fees and costs incurred for shipping, import, and customs fees related to warranty shipping to and from MNM.

2.5    The three-month limited warranty is rendered void if MNM reasonably determines, at MNM’s sole and absolute discretion, the Product was opened, disassembled, modified, reverse engineered, abused, misused, or used inappropriately. Additionally, MNM reserves the right to reasonably determine whether the defective part was used for any purpose for which it was not intended when sold and was not operated in any different, exceptional manner.

2.6    The Purchaser and/or Customer shall make the defective part(s) available to MNM for repair of the defect or replacement within a reasonable time period after discovery of the defect.

 

3    Exclusions

3.1    This Product Warranty Policy does not apply to Products and/or Product parts that MNM reasonably determines that the defective part(s) have been damaged resulting from an accident, improper customer installation, misapplication, lack of or insufficient maintenance, improper maintenance, storage, transport, fire, lightning strike, water damage, earthquake, or other so-called acts of God.

3.2    This warranty only applies to the original Purchaser of the Product and is not transferable. The Purchaser’s right to the warranty must be adequately evidenced, at MNM’s sole and absolute discretion, by copies of the sales receipt and/or invoice documentation provided by the Purchaser to MNM.

3.3    Warranty repair of the Product under the terms of this warranty policy does not extend the initial warranty period. 

3.4    Warranty does not apply if any and all deficiencies are caused by the continued use of the defective part/Product after a defect was discovered or could have reasonably been detected.

 

4    Miscellaneous Provisions

4.1    The replacement or repair of parts under the terms and conditions of this warranty shall not constitute an admission of any liability or fault on the part of MNM.

4.2    If a warranty claim proves to be unfounded, at MNM’s sole and absolute discretion, any inspection costs may be charged to the Customer/Purchaser, and the Customer/Purchaser shall be required to take back the part and/or parts that were subject of the claim.

4.3    Any terms and conditions deviating from the printed standard language of this Product Warranty Policy will not be valid and will remain unenforceable. 

4.4    In case of any dispute about warranty claims, the burden of proof of the existence and extent of a justified claim shall be on the Purchaser/Customer.

4.5    No MNM agent, employee, or representative has the authority to make or imply any representation, promise, or agreement which in any way varies the terms of this Product Warranty Policy.

 

5    Disputes, Governing Law

5.1    All MNM’s decisions related to the question as to whether any warranty applies to a particular product, whether a claim under any warranty is justified and whether the terms and conditions applying to such a warranty claim have been fulfilled, as well as what the awarded amount will be under any warranty claim, will be subject to MNM’s sole and absolute discretion.

5.2    Any disputes about the rights and obligations under this Product Warranty Policy shall be
construed in accordance with the laws of the State of Wyoming, United States. Any dispute relating in any way to this Product Warranty Policy or the services provided pursuant to this Product Warranty Policy shall be submitted to confidential, binding arbitration pursuant to the American Arbitration Association rules then in effect in the State of Wyoming, United States of America, and the Customer/Purchaser consents to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Product Warranty Policy shall be joined to an arbitration or litigation involving any other party subject to this Product Warranty Policy.

5.3     If any provision of this Product Warranty Policy is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.