Mentions légales en francais à venir sous peu.
WHEN YOU PLACE AN ORDER WITH SIGNALISATION VER-MAC (“VER-MAC”), YOU ARE ENTERING INTO A CONTRACT (“THE AGREEMENT”) WITH VER-MAC, AND THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) SHALL APPLY TO THAT CONTRACT (“THE AGREEMENT”). BY PLACING AN ORDER INCORPORATING THESE TERMS, YOU (THE “CUSTOMER”, “YOU/R”) ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMS WITH VER-MAC, AND THAT YOU AGREE TO BE BOUND BY THEM.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Ver-Mac and Customer agree as follows
These Terms apply to the sale and purchase of all Ver-Mac products and the performance of all services provided under all sale and purchase agreements (“Agreements”) agreed to between Ver-Mac and the Customer named in any such Agreements. Together, these Terms, all attachments and all relevant Agreements provided at the time of delivery, form the entire Agreement between Ver-Mac and Customer with respect to such products and services.
Definitions and Rules of Interpretation:
These terms:
- may only be modified with Ver-Mac’s explicit consent in writing in which case any of these terms not specifically modified shall continue with full effect; and
- cannot be modified or overridden by the Customer’s terms of business or any other terms.
1. Ver-Mac agrees to provide to Customer, and Customer agrees to obtain from Ver-Mac, the Ver-Mac products set forth in the Purchase Order (the “Products”) or through Ver-Mac’s subscription service, including but not limited to certain hardware and software in accordance with the Terms of this Agreement.
2. Ver-Mac agrees to provide to Customer the services set forth in the Purchase Order (the “Services”) or through Ver-Mac’s subscription service, in accordance with the Terms of this Agreement. Such Services may include professional services, technical support, subscription services, and/or other services as set forth in the Purchase Order under which the Products or Services were provided to Customer by Ver-Mac. For avoidance of doubt, Customers using Ver-Mac’s subscription service and paying via credit card are bound by the Terms of this Agreement.
Customer shall, at its sole cost and expense, (a) be responsible for Customer’s and Customer’s users’ compliance with this Agreement, (b) be responsible for Your information technology infrastructure, including computers, software, hardware, databases, electronic systems and networks (“Your Systems”), (c) provide Ver-Mac access to Your Systems as necessary for Ver-Mac to provide the Services in accordance with any warranty or guaranty relating thereto, (d) use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify Ver-Mac promptly of any such unauthorized access or use, (e) use the Services only in accordance with the documentation and applicable laws and government regulations, and (f) cooperate and assist Ver-Mac as reasonably requested to enable Ver-Mac to exercise its rights and perform its obligations under and in connection with this Agreement. Customer agrees that Ver-Mac shall not be responsible or liable for any delay or failure of performance caused in whole or in part by Your, Your Affiliate’s or any User’s delay in performing, or failure to perform, any of Your, Your Affiliate’s or any User’s obligations under this Agreement.
3. Usage Restrictions: Customer shall not (a) make any Service available to, or use any Service for the benefit of, anyone other than Customer, (b) sell, resell, license, sublicense, distribute, rent or lease any Service, or include any Service in a outsourcing offering, (c) use a Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or its related systems or networks, (g) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit, (h) copy a Service or any part, feature, function or user interface thereof, (i) frame or mirror any part of any Service, unless expressly permitted in the Ver-Mac documentation, (j) access any Service in order to build a competitive product or service, (k) reverse engineer any Service (to the extent such restriction is permitted by law), (l) permit any third party to access or grant user rights to any third party that is in any way related to an organization, business, or individual that is a competitor of Ver-Mac, (m) access the Services for purposes of monitoring availability, performance or functionality or for benchmarking or any other competitive purpose, or (n) use a Service to store Social Security numbers, driver’s license numbers, credit card information, or financial account access information (such as PINs). Any use of the Services in breach of this Agreement, documentation or Purchase Order, by Customer or users that in Ver-Mac’s judgment threatens the security, integrity or availability of Ver-Mac’s services, may result in immediate suspension of the Services. If possible, however, Ver-Mac will use commercially reasonable efforts under the circumstances to provide Customer with notice and an opportunity to remedy such violation or threat prior to such suspension. It shall not be a breach of this Agreement if Customer is regularly in the business of renting and/or leasing Ver-Mac Products to its customers. In such circumstances, paragraphs 3 (a) and 3 (b) herein are inapplicable.
If Customer becomes aware of any actual or threatened activity prohibited by this paragraph 3 above (Usage Restrictions), Customer shall, and shall cause its Affiliates and all users to, promptly: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services and permanently erasing from their systems and destroying any data and information to which any of them have gained unauthorized access); and (b) notify Ver-Mac of any such actual or threatened activity.
4. The Customer shall not:
- except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
(a) And except to the extent expressly permitted under this Agreement, attempt to translate, adapt, vary, copy, modify, duplicate, create derivative works of the same for any purpose (including error correction or any other type of maintenance), frame, mirror, republish, download, display, transmit, or distribute all or any portion of the software contained in the Products and/or Services or supplied by Ver-Mac to be used in conjunction with the Products (hereafter collectively “Software”)and/or documentation in any form or media or by any means; or
(b) Attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software contained in the Products and/or Services or supplied by Ver-Mac to be used in conjunction with the Products; or
- access all or any part of the Software or documentation in order to build a product or service which competes with Ver-Mac;
- license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Software or documentation available to any third party except to the Customer’s authorized users;
- attempt to obtain, or assist third parties in obtaining, access to the Software and documentation, other than as provided for under this Agreement.
Customer may not allow third parties to access Ver-Mac Services without our prior written authorization.
5. We are committed to protecting the confidentiality and integrity of any personal information collected to ensure that data is processed in accordance with the provisions of relevant privacy protection legislation.
When visiting our website or software such as Jamlogic, Ver-Mac automatically collects information about site usage to work toward continued improvement of your experience. This information may include the type of internet browser or mobile device you use, your IP address and actions logs.
Ver-Mac may retain information considered personal but not for use in the course of our normal business activities. The time of data retention may vary with any legal obligations, past or present contracts we have with you, or other legitimate interests as a business entity. You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into Our products and services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Users.
6. In the supply of Products and/or Services, prices do not include the cost of Delivery or of any import or customs duties or any other applicable taxes or governmental impositions unless otherwise stated in writing by Ver-Mac, which taxes, impositions and duties shall be the sole responsibility of Customer. All prices are subject to the addition of any applicable sales tax.
Ver-Mac reserves the right, at any time prior to Delivery, to increase the price of the Products and/or Services to reflect any increase in the cost to Ver-Mac which is due to any factor beyond the control of Ver-Mac (including but not limited to, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labor, materials or any other costs of manufacture), any change in Delivery dates, quantities or specifications for the Products and/or Services requested by Customer, or any delay caused by any instructions of Customer or failure of Customer to give Ver-Mac adequate information or instructions.
7. Payment of the price for the Products and/or Services is due in the quote specified funds no later than thirty (30) days following Delivery of the Products and/or Services, unless otherwise agreed in writing. Ownership of Ver-Mac Products and/or Services does not convey to Customer until full payment is received by Ver-Mac. In such circumstances where payment is not received in accordance with this paragraph, Ver-Mac considers Customer in default and reserves it right to repossess any Products without any prior notice to Customer and or discontinue any Services to Customer.
If Customer wrongfully fails to take Delivery of the Products and/or Services, Ver-Mac shall be entitled to invoice Customer for the price at any time after Ver-Mac has tendered Delivery.
No payment shall be deemed to have been received by Ver-Mac until Ver-Mac has received cleared funds. Ver-Mac reserves the right to require any or all of the amount of the Products or Services in advance of delivery.
In the event of default in payment by Customer, Ver-Mac shall be entitled (without prejudice to any other right or remedy it may have under these Terms or otherwise) to charge interest on a daily basis (after as well as before judgment) on any amount outstanding at the annual rate of four percent (4%) above the prime rate published by JPMorgan Chase Bank from time to time.
In the event of any dispute, Customer shall not be entitled to withhold payment of the price of the Products and/or Services or any agreed payments or to any right of set-off, deduction, counterclaim, abatement or otherwise against any payment due to Ver-Mac under any Contract.
8. Unless otherwise agreed in writing by Ver-Mac, delivery shall be deemed to take place when the Products and/or Services are made available by Ver-Mac upon Delivery, for collection by Customer or its carrier (“Delivery”).
Any and all dates and periods specified by Ver-Mac for Delivery are estimates only and do not constitute fixed times for Delivery. Delivery shall not be of the essence of the Contract and shall not be made of the essence by notice. Ver-Mac shall have no liability for any damages, losses, costs or expenses whatsoever or in connection with the failure by Ver-Mac to meet any Delivery times specified in the Order. Customer shall have no right to cancel an Order for a failure of Ver-Mac to meet any Delivery times.
Ver-Mac will endeavor to comply with any reasonable request by Customer for postponement of Delivery but shall be under no obligation to do so and Customer is obliged to take Delivery at such date and time as specified by Ver-Mac. Where postponement is agreed by Ver-Mac in writing Customer shall, if required, pay all costs and expenses including a reasonable charge for storage occasioned thereby and any costs incurred by Ver-Mac in relation to any insurance payments reasonably made by it. Ver-Mac reserves the right to deliver the Products and/or Services to Customer in installments. Where the Products and/or Services are delivered in installments, each Delivery shall constitute a separate contract and failure by Ver-Mac to deliver any one or more of the installments in accordance with these Terms or any claim by Customer in respect of any one or more installments shall not entitle Customer to treat the Contract as a whole as repudiated.
The date for Delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from Customer.
9. All inventions, works of authorship and developments conceived, created, written, or generated by or on behalf of Ver-Mac, whether solely or jointly, including without limitation, in connection with Ver-Mac’s performance of the Services hereunder, and all intellectual property rights therein, shall remain the sole and exclusive property of Ver-Mac.
Ver-Mac will use commercially reasonable efforts to maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of data. Any data, including but not limited to raw data, summary data, data analysis, data compilations, or aggregate data collected by the Products and/or processed and/or stored on Ver-Mac’s server (s) is the exclusive property of Ver-Mac and all right, title and interest therein is owned by Ver-Mac, including the use by Ver-Mac of such data, for any purpose. For avoidance of doubt, Customer grants to Ver-Mac the right to compile, collect, modify, use and own the above-mentioned data for any purpose. Data will be stored on Ver-Mac’s server(s) for a limited amount of time as determined by Ver-Mac, in its sole discretion, after which time the data will be archived and Customer will be charged for any data retrieval, if available. Customer grants Ver-Mac the right to compile, collect, copy, modify and use anonymous data in aggregate form that is generated from, or based upon, Your use of the Services (“Aggregate Data”), on condition that: 1) Aggregate Data does not include any information that can be used directly, or in connection with other data, to identify, contact or locate an individual; 2) Aggregate Data is combined with data from other customers and cannot be used to identify, directly or indirectly, You; and 3)
Customer acknowledges: (a) All right, title and interest in and to the Software and all modifications and derivatives thereof, including all patent, copyright, trade secret and other intellectual property rights therein resides and will reside in Ver-Mac and its licensors as applicable. The Software is licensed (not sold) to Customer by Ver-Mac. All rights not expressly granted to Customer are reserved to Ver-Mac. Customer acknowledges and agrees that the Software is copyrighted and contains materials that are valuable trade secrets of Ver-Mac and are protected by copyright, trade secret and other laws and international treaty provisions relating to proprietary rights. Customer may not remove, deface, or obscure any of Ver-Mac’s or its suppliers’ proprietary rights notices on or in the Software or on output generated by the Software. Customer may not, nor may Customer permit, any third party to: (a) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code, algorithms or underlying ideas, design, or architecture of the Software; (b) modify, translate, or create derivative works of the Software; or (c) rent, lease, loan, distribute, transmit, assign, or transfer the Software to any third party, or provide access to or allow use of the Software by any third party, including any agent of Customer other than Authorized Users. Without Ver-Mac’s prior written consent, Customer shall not disclose any information relating to features, performance, or operation of the Software (including any benchmarking or other testing results) to any third party, nor use any of such information other than for purposes permitted herein. Customer acknowledges and agrees that any unauthorized use, transfer, sublicensing, or disclosure of the Software, or other violation of this Agreement, may cause irreparable injury to Ver-Mac, and under such circumstances, Ver-Mac shall be entitled to seek equitable relief, without posting bond or other security, including but not limited to, preliminary and permanent injunctive relief. All inventions, works of authorship and developments conceived, created, written, or generated by or on behalf of Ver-Mac, whether solely or jointly, including without limitation, in connection with Ver-Mac’s performance of the Services hereunder, and all intellectual property rights therein, shall remain the sole and exclusive property of Ver-Mac.
10. Product Changes: Ver-Mac reserves the right to discontinue the manufacture or sale of any Product or Service at any time or to alter, modify, change part number designation or redesign the Ver-Mac Products and Services.
11. Product Changes: Ver-Mac reserves the right to discontinue the manufacture or sale of any Product or Service at any time or to alter, modify, change part number designation or redesign the Ver-Mac Products and Services.
12. Transportation Claims: Customer must inspect Products and/or Services upon delivery, and any defect or damages relating thereto must be noted on the transportation carrier documentation (freight bill or delivery receipt) prior to the Customer taking delivery. If the Customer fails to inform the transportation carrier of any defect or damage to the delivered Products, or otherwise does not reject such delivery, then the Customer is deemed to have accepted the Products as delivered and conforming to the specification or requirements of the Purchase Order and waives any rights to later claim any defects or damages to the Product and releases Ver-Mac from any such claim. If such notation of defect or damages is noted on the transportation carrier documentation, then any claims for damage, loss, or shortage should be reported to Ver-Mac, in writing, within twenty four hours (24 hours) of receipt of the Product. In no event shall Ver-Mac be liable for damage or loss to a shipment caused by a carrier. If shortage exists with respect to any shipment and it is not concealed, the Customer shall secure a notation of such shortage from the carrier on the freight bill or delivery receipt. If shortage is concealed, the Customer must notify the carrier and Ver-Mac within 15 days. No claims for damage, loss, or shortage will be allowed unless they are accompanied by an inspection report or signed delivery receipt noting such damage, loss, or shortage signed by a representative of the carrier and forwarded to Ver-Mac within fifteen (15) days of the invoice date.
13. Force Majeure: Ver-Mac shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in the law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labour or materials through its regular sources. Ver-Mac’s time for performance of any such obligation shall be extended for the time period of such delay or Ver-Mac may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to the Buyer.
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY VER-MAC PRODUCT, SERVICES AND SOFTWARE. BY USING THE PRODUCT, SERVICES OR SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS, WHICH CONSTITUTE THE AGREEMENT BETWEEN YOU AND VER-MAC. IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THE PRODUCT, SERVICES OR SOFTWARE , AS ANY SUCH USE CONSTITUTES ACCEPTANCE IN FULL OF THE TERMS AND CONDITIONS HEREIN.
The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
Reservation of Rights: Subject to the limited rights expressly granted hereunder, Ver-Mac reserve all of its right, title and interest in and to the Products and/or Services, including all of Ver-Mac’s related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein.
Warranty Statement
Ver-Mac warrants only that the Product and/or Services will be free from material defects in material or workmanship during the Warranty Period (as defined below) (“Warranty”).
Ver-Mac warrants to the original purchaser (PURCHASER) that
each product of its manufacture (PRODUCT) is covered by this warranty from the date of
original purchase, and subject to the limitations contained herein. This warranty only applies provided said PRODUCT(S) have been subject to normal use for which the equipment and/or components were intended, and have been properly installed, stored, serviced, maintained and operated under normal conditions.
Ver-Mac agrees that this Warranty covers all parts and pieces, and to cover shipping costs of said replacement parts and pieces to and from PURCHASER.
To be eligible for Warranty service, the PRODUCT or replacement part must have been
purchased from Ver-Mac, or an authorized Ver-Mac distributor or reseller. Proof of purchase is required.
- Electronic components manufactured by Ver-Mac are warranted for a period of twenty-four (24) months from the date of delivery to the original purchaser.
- All non-electronic components manufactured by Ver-Mac are warranted for a period of twelve (12) months from the date of delivery to the original purchaser.
- Any part or parts thereof replaced by Ver-Mac assumes the remainder of that warranty period or the parts warranty period, whichever is greater. The Warranty coverage for the PRODUCT is continual from the original date of purchase and does not restart upon the replacement of any part or complete unit
Components not manufactured by Ver-Mac are not warranted by Ver-Mac but rather are warranted only under the terms of the component’s manufacturer. Ver-Mac will not warranty any components not manufactured by Ver-Mac, except to the extent the component manufacturer provides an applicable warranty.
Claim Procedure
In order to make a claim under the terms of this warranty, the PURCHASER must first establish that the equipment has been installed, maintained and operated within the normal limits of its intended usage.
1. At the first sign of problems with the unit, PURCHASER contacts Ver-Mac by email at support@ver-mac.com or by phone at 1-888-488-7446.
2. PURCHASER provides the relevant VIN number(s) and/or serial number(s) for proof of purchase.
3. Ver-Mac verifies that the defective part(s) are under warranty.
4. Ver-Mac diagnoses the problem.
5. Ver-Mac sends the replacement part(s) to PURCHASER at our cost, along with a pre-paid UPS tag (or tags) for returning the defective part(s).
6. PURCHASER provides service and labor to replace defective part(s).
7. PURCHASER places defective part(s) in box(es) used to ship replacement parts, and returns them to Ver-Mac with the pre-paid UPS tag(s).
8. PURCHASER has 30 days from the receiving date to return the defective part(s). If Ver-Mac does not receive the defective part(s) within 30 days, we will send PURCHASER an invoice for the full amount of the part.
Ver-Mac does not represent or warrant that its Products would necessarily avoid injury to persons or property if used outside of the conforming use of its Products. Ver-Mac expressly disclaims any warranty or liability for claims arising by reasons of death or personal injury or damage to property resulting from any impact, collision or contact with the Products and/or Services or nearby hazards or objects by any vehicle, object or person.
Any claim for replacement or defect subject to the Warranty herein with respect to the Products and/or Services sold hereunder shall be deemed waived by Customer unless Ver-Mac is notified in writing, in the case of defects apparent on visual inspection, within fifteen (15) days from Delivery, or, in the case of defects not apparent on visual inspection, within sixty (60) days of Delivery. All Products and/or Services claimed to be defective shall be held subject to Ver-Mac’s inspection, and Ver-Mac shall not be liable for the cost of any repairs performed without its express written consent. The Products and/or Services claimed to be defective may be returned prepaid to Ver-Mac’s plant for inspection in accordance with return shipping instructions that Ver-Mac shall furnish to Customer upon receipt of Customer’s notice of claim. If the claim is established, Ver-Mac will reimburse Customer for all shipping costs incurred in connection with such return.To the fullest extent permitted by law, under no circumstances will Ver-Mac be liable to Customer for an amount in excess of the price paid, or to be paid, for the Products and/or Services for any claims, losses, liens, costs, liabilities, causes of action, suits, demands, judgments, obligations, fines, penalties, damages, requirements, violations, and expenses (including without limitation, attorneys’ fees, court costs, and costs of investigation) of any nature, kind, or description, whether based on any claim for infringement of any patent, trademark, trade secret, copyright or any other intellectual property right, and whether based in contract, warranty, indemnity, or tort (including negligence and strict liability), of any person or entity, directly or indirectly, arising out of, resulting from or related to the Contract or the Products and/or Services.
PURCHASER Responsibilities
- The PURCHASER is responsible for the appropriate choice of PRODUCT, for its proper usage and the results obtained by the PRODUCT.
- This warranty applies only to PRODUCTs that have been paid in full according to the terms stipulated in the contract or on the invoice.
- The PURCHASER is responsible for maintaining the PRODUCT as described in the manual, and in accordance with all the manual’s recommendations.
- The PURCHASER is required to submit their claim at the first sign of a problem with the PRODUCT.
- Ver-Mac recommends that the PURCHASER retain all receipts and other records associated with the PRODUCT.
Limitations
Ver-Mac does not warrant any of its equipment, or parts thereof:
1. Against any deterioration or damage caused by normal wear, lack of reasonable and proper maintenance, lack of proper protection during storage, failure to follow operating instructions, misuse, collisions, accidents, natural catastrophes, or unforeseen events, and provided the equipment has been connected to a power source of the correct voltage and amperage.
Exclusions
Under no circumstances shall this warranty extend to:
1. Any parts that have to be replaced due normal wear and use;
2. Any parts that have been subject to alteration, modification, repair, misuse, negligence, accident or collision, natural disaster, act of nature, or damage in shipping, transport, or handling;
3. Any PRODUCT that has failed due to misapplication or use of the PRODUCT in a manner inconsistent with the PRODUCT's design or intended purpose;
4. Any PRODUCT or part that has been subject to any other act, omission or circumstance beyond Ver-Mac s reasonable control;
5. Replacement parts not supplied by Ver-Mac ;
6. Obligations of Ver-Mac exceeding in any way the initial cost of the equipment or part upon which such liability is based or if the equipment is used in any manner with any unauthorized components or equipment;
7. Service and labor costs on unit repair and part replacement, as Ver-Mac provides only the replacement part(s) and shipping costs; and
8. Rental costs and/or back charges on rental costs for temporary/replacement units.
Ver-Mac Inc. further makes no warranties with respect to hydraulic pumps, battery chargers, tires, standard maintenance items such as batteries and axles, or other component parts or accessories not manufactured by Ver-Mac Inc., same being subject only to such warranties, if any, as may be made by their respective manufacturer. Use on any PRODUCT of replacement parts other than Ver-Mac Inc.-certified replacement parts purchased through Ver-Mac Inc. or an authorized Ver-Mac Inc. distributor or dealer shall void this warranty.
Repair or Replacement
Repair or replacement of any equipment or defective component shall always be at the discretion of Ver-Mac and shall be carried out at its factory, unless otherwise agreed by prior arrangement with Ver-Mac. Ver-Mac assumes the cost of shipping defective parts to and from PURCHASER; PURCHASER is responsible for returning defective parts within 30 days of the replacement.
- Ver-Mac Inc. shall not be held liable for any cost incurred by the owner in the execution of repairs.
- Ver-Mac does not authorize, cover, or reimburse travel time and/or expenses incurred by PURCHASER.
- Ver-Mac Inc. shall not be held liable for reimbursement of any indirect or incidental expenses incurred in either the removal of defective equipment or components, nor in the installation of replacement parts, nor for rental costs and/or back charges on rental costs for temporary/replacement units.
- All replacements will be direct replacements of affected part(s).
- Ver-Mac Inc. will assume all freight and shipping costs via regular service for direct replacement. The replacement part(s) shall be sent to the PURCHASER, and it will be the PURCHASER’s responsibility to return the defective part(s) within 30 days, as per the procedure outlined in Claim Procedure, above.
- Any item replaced under warranty becomes the exclusive property of Ver-Mac Inc.
Disclaimer of Consequential Damage and Limitation of Implied Warranties
VER-MAC INC. DENIES ANY RESPONSIBILITY FOR LOSS OF TIME OR USE OF THE PRODUCT, TRANSPORTATION, COMMERCIAL LOSS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGE. ANY IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS WRITTEN LIMITED WARRANTY.
THIS WARRANTY, AND VER-MAC INC.’S OBLIGATION HEREUNDER, SUPERCEDES AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and all other obligations or liabilities including special or consequential damages or contingent liabilities arising out of the failure of any product or part to operate properly.
VER-MAC INC. shall not be liable for any special, indirect, incidental, or consequential damages whether in contract, in tort, under any warranty, or otherwise beyond the warranty stated herein for PRODUCTS or parts, including but not limited to those arising from a contract with a third party.
No person is authorized to give any other warranty or to assume any additional obligation
on VER-MAC INC.’s behalf unless made in writing and signed by an officer of VER-MAC INC.
This warranty, dated [INSERT DATE HERE], supersedes all prior and undated VER-MAC INC. warranty statements for traffic safety products, except statements authorized by VER-MAC INC. in individual contracts.
Length of Warranty
Trailer-Mounted Portable Message Signs (PCMS Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Camera, radar, sensor, batteries, battery charger, solar panels hydraulic cylinder, hydraulic pump, tiers, camera: See Exclusions
Truck-Mounted Portable Message Signs (TM Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Electric actuator: See Exclusions
Semi-Permanent Message Signs (B Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Power supply, radar, camera, batteries, chargers, solar panels: See Exclusions
Trailer-Mounted Arrowboards (ST Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Batteries, battery charger, solar panels, winch: See Exclusions
Vehicle-Mounted Arrowboards (VM Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Actuator: See Exclusions
Skid-Mounted Arrowboards (SM Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Battery, battery charger, solar panels: See Exclusions
Flagger-Mac
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Battery, battery charger, solar panels, winch, axels, tiers, lamps, actuator, gate: See Exclusions
Flagger-Mac Lite
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Actuator, lamps: See Exclusions
Trailer-Mounted Traffic Signals (TLD-3612 G3, TLD-2312)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Camera, sensors, pre-emptions, radio, lamps, batteries, battery charger, solar panels, actuator, hydraulic cylinder, hydraulic pump, tiers, trailer lights: See Exclusions
Trolley-Mounted Traffic Signals (TLD-1308,TLD-1312)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Camera, sensors, pre-emptions, radio, lamps, batteries, battery charger, solar panels, hydraulic cylinder, hydraulic pump, tiers: See Exclusions
Portable Traffic Signal Trolley Sets (TLG Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Camera, sensors, pre-emptions, radio, lamps, batteries, battery charger, solar panels, hydraulic cylinder, hydraulic pump, tiers: See Exclusions
Trailer-Mounted Radar Speed Signs (SP Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Camera, radar, sensor, batteries, battery charger, solar panels, tiers, trailer lights, camera: See Exclusions
Post-Mounted Variable Speed Limit Sign (PLVV-1LM48x32B)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Power supply: See Exclusions
Trailer-Mounted Cameras and Speed Sensors (CT Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Camera, radar, sensor, batteries, battery charger, solar panels, tiers, trailer lights, camera: See Exclusions
Speed-Mac VP
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Battery, battery charger, solar panel: See Exclusions
Work Zone Management Camera/Dashcam (WZMC-1000)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Battery, battery charger, solar panel: See Exclusions
Portable Solar Light Towers (PSLT Series)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Batteries, battery charger, solar panels, tiers, trailer lights: See Exclusions
Portable Target Light (PLT-1000)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Battery, battery charger: See Exclusions
Portable Presence Light (PPL-1000)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Battery, battery charger: See Exclusions
Retrokits (SM-548, VMS-3672RGB)
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)
- Camera batteries, battery charger, power supply, solar panels, winch & cable, hydraulic cylinder, hydraulic pump, tiers, trailer lights, camera: See Exclusions
Option
- Electronic components manufactured by Ver-Mac, Inc.: 2 years (24 months)
- All non-electronic components manufactured by Ver-Mac, Inc.: 1 year (12 months)