Warranty

1. INTRODUCTION

 The Limited Warranty Policy of PHIBER Systems LLC (Supplier) outlines our commitment to providing quality products/services and the terms and conditions under which warranties are offered to our customers. This Policy aims to build trust with our customers and clarify the terms of our warranty programs. This warranty does not cover third party equipment, hardware or software even if installed, connected or loaded into and/or onto the Product if outside the components included in the Product scope of supply. 

THE FOREGOING EXPRESS WARRANTY CONSTITUTES SUPPLIER’S SOLE WARRANTY OBLIGATION, AND SHALL BE IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER KNOWN TO SUPPLIER OR NOT), AND ALL OTHER SUCH

WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY SUPPLIER AND WAIVED BY PURCHASER/INSTALLER/END USER. IN NO EVENT SHALL PHIBER SYSTEMS, LLC. BE LIABLE FOR ANY SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY WARRANTY OR OTHER OBLIGATION ARISING OUT OF THE SALE OF THE PRODUCTS, OR FROM THE USE OF THE PRODUCTS OR ANY INABILITY TO USE THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. PURPOSE

The purpose of this Policy is to:

• Define the limited warranty coverage provided by PHIBER Systems.
• Specify the terms and conditions under which warranties are applicable.
• Outline the procedures for customers to claim warranty benefits.

 

3. DEFINITIONS

• Warranty: A written assurance that our products will be free from defects or perform as specified for a specified period.
• Supplier: PHIBER Systems LLC
• Purchaser: An entity or person who has a contract with PHIBER Systems, LLC to sell PHIBER Systems products.
• Installer: An entity or person who is authorized by contract with PHIBER Systems , LLC to install PHIBER Systems Products.
• End User: Owner of application PHIBER Systems products have been installed on or sold to.

  

4. WARRANTY COVERAGE

This warranty covers parts and labor only, or otherwise as defined in a commercial agreement/purchase order, and/or PHIBER Systems LLC proposal / quotation, and normal reasonable shipping charges of repaired or replacement items from PHIBER Systems LLC facility to the customer (hereinafter the “Customer”, “Buyer”, “Owner”, or “End User” where applicable), provided that such Product has been sent to PHIBER System’s facilities in accordance with the policy of PHIBER Systems LLC. The warranty coverage is available no matter in which country the problem or malfunction occurred.

5. WARRANTY TERMS

The terms and conditions of warranties, including coverage periods, limitations, and exclusions, will be clearly communicated to end user customers in writing at the time of purchase or in contractual agreements. Warranty registration and confirmation is required.

This limited warranty starts from the end date of the original warranty term and is for 24 Months Two (2) Year Limited Warranty from date of installation but no longer than Three (3) years from the date of sale to purchaser.

6. CLAIM PROCEDURE

Before any warranty work is performed, verification of the warranty status must be confirmed by PHIBER SYSTEMS LLC or a PHIBER SYSTEMS LLC  certified PURCHASER (hereinafter “PURCHASER”). PHIBER System’s internal warranty claim process can be found in the electronic documentation library.

Written notice of claimed defect(s) must be given to PHIBER SYSTEMS LLC within the Warranty Period, and within 30 (thirty) days from the date any such defect is first discovered. If any part of the Product is believed to be defective the Customer/End User or its permitted transferee shall notify PHIBER SYSTEMS LLC and send a photograph of the Product Serial Number and any known defective part and a photograph of the hours shown on the Product display screen, together with any other information reasonably requested by PHIBER SYSTEMS LLC to analyze the problem and confirm the warranty coverage.

PHIBER SYSTEMS LLC will repair or replace the Product, or part of the Product, proven to be defective, at its sole discretion, in a timeframe provided by PHIBER SYSTEMS LLC on a reasonable best effort basis.  PHIBER SYSTEMS LLC will, in its sole discretion, provide options for repair, replacement using either a factory remanufactured Product or new Product depending on availability.

PHIBER SYSTEMS LLC supplied parts must be installed by a PHIBER SYSTEMS LLC factory technician or PURCHASER and operation confirmed for this warranty to remain in effect, unless otherwise explicitly authorized and agreed upon by PHIBER SYSTEMS.

PHIBER SYSTEMS LLC Product replaced as part of this warranty will be covered under this warranty for the remainder of the original full Product warranty term, unless the original warranty termination date is less than 6-months from the installation date of the replacement Product(s), at which time the replacement Product(s) will be covered by a limited 6-month warranty from the date of installation.

PHIBER SYSTEMS. warrants that its software and hardware designed for use with the Product will execute its programming instructions when properly installed and used. PHIBER SYSTEMS. does not guarantee that the operation of the Product or software, or hardware will be uninterrupted or free of errors

7. LIMITATIONS AND EXCLUSIONS

PHIBER Systems, LLC may specify limitations and exclusions to warranty, including but not limited to:

• Any installation, repair or any handling of the Product shall be done only by an authorized person trained and explicitly authorized by PHIBER Systems, LLC.

Limitations

Overtime labor rates are not covered.  Labor performed outside normal working hours to complete a warranty service will be paid by PHIBER SYSTEMS, LLC at the standard retail rate.

Travel labor by a PHIBER SYSTEMS LLC factory technician includes only up to four (4) hours travel time from PHIBER Systems home office, unless otherwise pre-authorized in writing by PHIBER SYSTEMS.

Labor and material costs incurred and/or required in order to gain access to the product for removal and replacement including, but not limited to any custom or special rigging services or any rental equipment required are not covered.

Exclusions

This warranty shall be void and not apply to defects resulting from:

• ANY UNAUTHORIZED MODIFICATION OF THE PRODUCTS AS SHIPPED WILL RESULT IN VOIDING THIS WARRANTY.
• An application or installation method not approved by Supplier, including improper or inadequate site preparation, faulty installation, handling during maintenance or otherwise, if any, by the Customer and/or the End User, as well as to defects attributable to loading/shipment/delivery of the Product or any other defect or damage not attributable to PHIBER Systems, INC.
• Defects resulting from Customer’s or any third-party interface of equipment, hardware or software if installed, connected or loaded into and/or onto the Product.
• Misuse, operator error or fault caused by the failure of an external unit (i.e. Sea Water pump, Ships power supply).
• Any gross negligence or willful misconduct.
• Excessive exposure to water (salt or fresh) including submersion (partial or full) of any Electrical or Electronic components or major component such as the Control Module, Primary Gate, or Junction Module.
• Acts of Nature such as, but not limited to, fire, flood, wind and lightning.
• Failure of the Customer/End User to strictly comply with any of the following requirements:
  • Operation and Maintenance according to the guidelines and recommendations specified in the PHIBER Systems Master Documentation, Operation Manual.
    • Proof of such compliance shall be provided upon request.
  • PHIBER SYSTEMS., shall not be responsible for any loss of time, inconvenience, loss of use, meals, lodging, communication costs, transportation, cargo damage, overtime, towing, any haul-out, dockage or harbor charges, or other indirect, consequential, incidental, special, or punitive damages resulting from a defect covered by this Limited Warranty.
  • This warranty does not cover replacement or repair of any components damaged due to surface corrosion (cosmetic), or other corrosion damage of any components due to water exposure or electrolysis (stray current), or the costs associated with the repair or replacement.
  • This warranty does not cover normal wearand tear of the following components, or the costs associated with regular scheduled maintenance, repair or replacement:
    • All bushings, springs, vibration isolators, or latch components
    • Normal preventive and scheduled maintenance and component inspections/replacements as specified in the PHIBER SYSTEMS., Master Documentation and any other Maintenance Schedule documentation.

 

8. END USER RESPONSIBILITIES

Non-compliance with this Warranty Policy may result in corrective actions in accordance with PHIBER Systems, LLC policies and procedures.

The End User will be responsible for the following:

• Providing evidence of the date of sale to the first retail end user, verifying the ‘in-service’ date.
• Notifying PHIBER Systems LLC or Purchaser within 30 days of the discovery of failure.
• Operating and maintaining the Product in strict accordance with PHIBER Systems LLC policies and guidelines and outlined in the PHIBER Systems Installation and Master Documentation Manuals.
• Providing sufficient access to perform regular maintenance and typical repair activities.
• Providing sufficient access to and reasonable ability to remove the Product from the installation in the event of a warrantable failure.
• In addition, the End User will be responsible for:
  • Incremental costs and expenses associated with Product removal and reinstallation resulting from non-standard installations.
  • Costs associated with rental of any equipment needed during the replacement or repair of the Product.
  • Costs associated with labor overtime and expedited shipping requested by the End User.
  • All Travel costs & expenses
  • All downtime expenses, fines, all applicable taxes, and other losses resulting from a warrantable failure.

 

9. WARRANTY PARTS

In case PHIBER SYSTEMS, LLC, provides advance replacement parts to the Customer, it is the Customer’s responsibility to return back to PHIBER SYSTEMS, LLC, (or to one of PHIBER SYSTEM’s Purchaser locations as instructed by PHIBER SYSTEMS, LLC,) all faulty parts from the vessel, with shipping costs pre-paid by PHIBER SYSTEMS, LLC

The customer will receive a Return Authorization (RA) number from PHIBER SYSTEMS, LLC, prior to the shipment.

PHIBER SYSTEMS, LLC, reserves the right to invoice the Customer if a part is not returned to PHIBER SYSTEMS, LLC, within 60 days from shipment of the new part.

10. POLICY REVIEW

This Warranty Policy will be reviewed annually or more frequently if necessary. Updates or changes to the Policy will be communicated to all relevant personnel to ensure continued adherence to warranty guidelines.

11. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, PHIBER SYSTEMS, LLC, INC., SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF THE PERFORMANCE, DELAYED PERFORMANCE OR BREACH OF PERFORMANCE OF THIS ORDER REGARDLESS OF WHETHER SUCH LIABILITY IS CLAIMED IN CONTRACT, EQUITY, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PHIBER SYSTEMS, LLC, INC.’S OBLIGATION IS LIMITED SOLELY TO REPAIRING OR REPLACING (AT ITS OPTION AND ONLY AS SET FORTH HEREIN), AT ITS APPROVED REPAIR FACILITY, ANY GOODS OR PARTS WHICH PROVE TO PHIBER SYSTEMS, LLC, INC.’S SATISFACTION TO BE DEFECTIVE AS A RESULT OF DEFECTIVE MATERIALS OR WORKMANSHIP, IN ACCORDANCE WITH PHIBER SYSTEMS, LLC, INC.’S STATED WARRANTY. IN NO EVENT SHALL PHIBER SYSTEMS, LLC, INC.’S CUMULATIVE LIABILITY EXCEED THE TOTAL PURCHASE PRICE SET FORTH IN THIS ORDER.