Version: Sep 25th, 2024
Document Purpose and Scope: This Luminys Warranty & RMA Policy (“Policy”) sets forth the return and repair policy applicable to both hardware and software products that are purchased through authorized and legitimate sources, for instance, through authorized distributors of Luminys Systems Corp. (“Luminys”). RMA requests will only be accepted for products acquired via such channels.
Amending this Policy: Luminys reserves the right, at its sole discretion, to amend, modify, or cancel this Policy, in part or in its entirety, at any time. Such amendments or cancellations may be made with or without prior notice to distributors. Any changes will take effect immediately upon posting or communication to authorized distributors. It is the responsibility of the distributors to stay informed about any updates to this Policy. Continued use of Luminys products or services after such changes constitutes acceptance of the modified terms.
Limited Hardware Warranty, Return & Exchange Policies, and RMA Process
Limited Hardware Warranty. Luminys warrants to the original purchaser, but only if the original purchaser is a U.S.- or Canada-based Luminys-authorized distributor (“Distributor”), that any new Luminys-branded hardware product (“Product”) purchased directly from Luminys will be free from defects in material and workmanship, when given normal, intended, and proper usage, for the applicable Standard Warranty Period set forth in the table below. All warranty periods begin on the date of Product shipment by Distributor to the dealer, systems integrator, reseller, or other third-party customer of Distributor (‘Dealer”), or the Dealer’s designee. To the extent the Product is resold by Distributor directly to a Dealer that is a participant in Luminys’s MVP Program, the MVP Warranty Period will apply to that Product in lieu of the Standard Warranty Period.
Standard Warranty Periods and MVP Warranty Periods do not apply to moving parts, belts, motors, fans, wiper blades, or removable flash memory in any Product. The applicable warranty period for these items is one (1) year.
Process. To obtain warranty service, Distributor must provide to Luminys within the applicable warranty period (a) a valid form of bill of sale or receipt substantiating the fact and date of sale to Dealer, and (b) shipping documentation or records to substantiate the date of shipment to Dealer (or its designee). Distributor must promptly notify Luminys of any known warranty claims and cooperate in any claim investigation. Distributor must initiate all warranty claims using Luminys’s the RMA process set out below.
Repair or Replacement. During the applicable warranty period, Luminys will, in its sole discretion, either (a) repair the defective Product using new or refurbished parts, or (b) provide a same-model replacement (or if discontinued and unavailable, a materially equivalent or better model). This is Luminys’s sole and exclusive liability under this Limited Hardware Warranty, and Distributor’s sole remedy. Repaired and replacement Products will be warranted under the terms of this Limited Hardware Warranty for the remainder of the original warranty period or ninety (90) days from the date of shipment to Dealer (or its designee), whichever is longer. Any replaced product or part becomes Luminys’s property.
Exclusions. This Limited Hardware Warranty is contingent upon proper warehousing, shipment, and normal use of the Product, and will not apply if (a) the original Product identification markings (trademark, serial number, or model number) have been altered, defaced, or removed; (b) the Product has been modified or altered other than by Luminys; (c) the Product was installed other than in strict accordance with the user manual instructions other than by Luminys; (d) the Product was subject to faulty repair or maintenance other than by Luminys; (e) the Product was used for a purpose for which it was not designed or intended; (f) the Product was subjected to misuse, abuse, or negligence; (g) the Product was subjected to operating conditions (e.g., atmospheric, moisture, or humidity) outside of acceptable conditions specified in the user manual; (h) the Product was subjected to electrical short circuits or transients, accident, fire, flood, or other acts of God or any other force majeure event; or (i) the Product was purchased by Distributor from a person or entity other than Luminys. This Limited Hardware Warranty does not apply to demonstration Products and certain incentive- or specially priced Products, all of which are sold or provided by Luminys “AS IS” without any warranty. This Limited Hardware Warranty does not include, and Luminys does not provide, any data recovery services. LUMINYS STRONGLY RECOMMENDS THAT DEALERS OR END USERS BACK UP PRODUCT DATA PRIOR TO SUBMITTING ANY PRODUCT FOR WARRANTY SERVICE, AND THE DISTRIBUTOR IS RESPONSIBLE FOR COMMUNCATING THIS RECOMMENDATION TO DEALERS AND END USERS.
Non-Transferable. This Limited Hardware Warranty is specific to the Distributor and may not be transferred or assigned. Any attempted transfer or assignment will be null and void and will not be recognized by Luminys.
No Software or Consumables Warranty. This Limited Hardware Warranty does not extend to firmware or Software accompanying, included with, or embedded in the Products (“Software”) or consumables, including, without limitation, fuses and batteries. ALL Software AND CONSUMABLES ARE PROVIDED “AS IS.” LUMINYS DOES NOT GUARANTEE THAT ANY Software WILL BE ERROR-FREE OR FUNCTION WITHOUT INTERRUPTION. Please see Luminys’s Limited Software Maintenance Policy, set forth below.
Disclaimers. THIS LIMITED HARDWARE WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE PRECEDING SENTENCE, LUMINYS MAKES NO CLAIMS, AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY PRODUCT’S ABILITY OR EFFECTIVENESS IN PREVENTING OR REDUCING THE RISK OF, OR DAMAGES RESULTING FROM, PROPERTY DAMAGE OR LOSS, THEFT, PERSONAL INJURY, OR DEATH.
Limitation of Liability. NEITHER LUMINYS NOR ITS AFFILIATES WILL BE LIABLE FOR SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE, OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE DAMAGES, LOSS OF REVENUE OR PRODUCTION, LOSS OF GOODWILL, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT OR SERVICES, DOWNTIME COSTS, CUSTOMER CLAIMS, PROPERTY DAMAGE, THEFT, PERSONAL INJURY, OR DEATH, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF REASONABLY FORESEEABLE OR IF LUMINYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE TOTAL AGGREGATE LIABILITY OF LUMINYS AND ITS AFFILIATES FOR ALL CLAIMS UNDER THIS LIMITED HARDWARE WARRANTY IS LIMITED TO THE PRICE PAID BY DISTRIBUTOR FOR THE RELEVANT PRODUCT. THE PRECEDING LIMITATIONS AND EXCLUSIONS WERE AN ESSENTIAL CONDITION IN SETTING THE PRODUCT PRICE. Some jurisdictions do not allow exclusion or limitation of implied warranties, limitation of incidental or consequential damages for certain consumer products, or limitation of liability for personal injury. To the extent such restrictions apply, the above limitations and exclusions will be applied to the maximum extent permitted by applicable law.
OTC (Over-the-Counter) Exchange Policy. During the first year of eligible warranty service for any defective Product, Luminys authorizes Distributor, in lieu of submitting the Product for warranty service, to take back the defective Product and provide Customer with a new “over-the-counter” same-model replacement (or if discontinued and unavailable, a materially equivalent model) from Distributor’s inventory. Distributor will receive a credit for the replacement; provided, that (a) Distributor requests the credit through the RMA process within the one-year exchange period, (b) Distributor returns the defective Product to Luminys within thirty (30) days of requesting the credit, and (c) Luminys, in its sole discretion, confirms the returned Product is actually defective (non-defective Products will be returned to Distributor). Distributors will use any issued credit to place an offsetting order to replenish its inventory. Note that the one-year exchange period runs concurrently with any applicable warranty period.
90-Day “No Questions Asked” Return Policy. Any Product resold by Distributor to a Dealer in a good faith transaction where the Product is returned to Distributor within ninety (90) days of purchase may be returned “no questions asked” to Luminys for a credit equal to the Product purchase price originally paid by Distributor. A credit will only be issued if Distributors requests the credit through the RMA process within the applicable return period and returns the Product to Luminys within thirty (30) days of requesting the credit. Note that the applicable return period runs concurrently with any applicable warranty period.
Exceptions: The 90-Day “No Questions Asked” Return Policy excludes Luminys’s Thermal Temperature Monitoring Solution under the Return Policy, but the eligible return period for these products is thirty (30) days.
RMA Return Process.
Step 1: Obtaining an RMA Number
Before Distributors submit a Product to Luminys for service or repair, Distributor must obtain an RMA number. Distributor may obtain an RMA Number by sending a request to RMA@Luminyscorp.com.
Please note that Luminys may require additional information in order to process certain returns. Also note that RMA numbers expire ninety (90) days after issuance. If an RMA number has expired, a new RMA number will need to be obtained.
Step 2: Shipping Back the Product
After obtaining an RMA number, Distributors will need to ship back the Product to Luminys. Any Product returned to Luminys must be properly packaged in its original packaging (or packaging providing the Product with protection equivalent to the original packaging) and sent via a reputable courier with package tracking services to the address communicated to Distributor in the RMA process. The RMA number must be clearly marked on the outside of the return shipment package. If the return shipment contains multiple packages, the RMA number must be clearly marked on the outside of each package.
Distributor will be responsible for all shipping and handling costs for Product shipments to Luminys under any of the above warranties or return/exchange policies.
Step 3: Relax
Distributors will be notified of Luminys’s receipt of the Product, and Luminys will provide Distributor with regular status updates as to the repair progress. After repairs are completed, Luminys will ship the Product (or, as applicable, a replacement) back to Distributors. Luminys will be responsible for all shipping and handling costs for any shipments of repaired or replacement in-warranty Products to Distributors (or its designee). Luminys will provide Distributor with the shipment date and any tracking numbers. In certain situation a repair may not be possible, in which case Distributors will be promptly notified and provided with alternative options.
Out-of-Warranty Products. Luminys provides limited repair services for out-of-warranty and warranty-ineligible Products. Distributor may ship any such Product to Luminys and request a non-binding estimate for the cost of repair. Repair services will only be commenced upon Distributor’s authorization. If Distributor declines repair or does not provide authorization within fifteen (15) days from the date Luminys provides the estimate, Luminys will return ship the Product to Distributor, at Distributor’s expense. Distributors will be responsible for the actual cost of any authorized repair, including, without limitation, labor, components, and testing. Distributors will also be responsible for all applicable taxes and in- and outbound shipping and handling expenses. Luminys will suspend repair work and notify Distributor if Luminys determines that the actual repair cost will materially exceed the estimate, and in such case, repair work shall only resume upon Distributor’s authorization.
Limited VMS Maintenance Policy
Scope:
Luminys provides VMS maintenance services through our LumiCenter platform. This Limited VMS Maintenance Policy applies exclusively to customers who purchase LumiCenter services by acquiring our license. Please note that this is a manufacturer maintenance policy and is not applicable to end-users.
Maintenance Term:
The standard maintenance period is four (4) years from the VMS activation date. This policy only applies to VMS software, not hardware, and the installation must meet Luminys’s installation requirements.
Under the Maintenance Policy, Luminys will provide limited, basic VMS support services, such as providing VMS usage documents (such as VMS installation guidance services)
Note:
VMS Maintenance Services Provided. Under this Maintenance Policy, the customer is only entitled to basic VMS support services such as troubleshooting and upgrading.
Additional and Extended VMS Support. Customers may separately purchase additional VMS maintenance services, such as data migration.
Limitations.
A. Luminys warrants that all VMS maintenance services will be provided in a manner consistent with industry standards.
B. Luminys shall not be liable for any damages relating to the VMS under any circumstances, or relating to any VMS maintenance service or support, no matter if caused by the use or inability to use the VMS, or by any other reasons, even if the parties have been informed of the possibility of such damage, including but not limited to:
1. Any malfunction or issue caused by misuse, accident, abuse, alteration, improper installation, unauthorized modification, improper testing, or external causes (including but not limited to server equipment overheating, overheating, power outage, surge, or natural disaster) of system failure; or
2. Any malfunction or issue caused by the relocation from one unit of VMS to another or from Luminys’s location to another; or
3. Any malfunction or issue caused by changes that are made as a result of Luminys’s decision to reconfigure the VMS (due to the installation environment, i.e., server, MAC address being changed) or installation of the VMS; or
4. Any malfunction or issue caused by unauthorized use of VMS, the customer’s failure to install the VMS which corresponds to the proper License Key version, or using unauthorized versions of the VMS; or
5. Any malfunction or issue cause by the customer’s failure to properly maintain the configuration environment specified in the VMS usage document (i.e., memory/disk capacity, operating system version level, prerequisites or prerequisites, etc.) or provide sufficient backup; or
6. Any malfunction or issue caused by VMS unavailability due to any hardware or system upgrade; or
7. Any malfunction or issue caused by system poisoning, or any VMS data loss caused by a system crash; or
8. Any malfunction or issue caused by VMS system service failures and interruptions due to the customer’s own local policy adjustments or ISP maintenance; or
9. Any malfunction or issue caused by any system or network intrusion/attack.
C. Luminys does not guarantee that the VMS will run without interruption or error, or that all errors will be corrected.
D. VMS malfunctions or issues caused by third party products are not covered under this policy. VMS malfunctions or issues caused by customer or third-party modifications, physical damages, misuse, accidents, improper installation, environmental operating conditions, and connectivity (audio, network, and electrical), unauthorized repairs, are excluded from coverage under the Maintenance Policy, and may result in coverage becoming void.
Right to Discontinue Products. Luminys reserves the right to discontinue hardware or VMS products at any time in its sole discretion. If a product is discontinued or at the end of its life cycle, Luminys will provide all purchased VMS maintenance or support services up to the end of the maintenance period, or if no additional services were purchased, Luminys will provide basic VMS maintenance and support services up to the end of the maintenance period. If a product is discontinued or at the end of its life cycle, no additional VMS maintenance or support service purchases will be accepted.
THIS MAINTENANCE POLICY IS SUBJECT TO CHANGE AT ANYTIME AT LUMINYS’S SOLE DISCRETION.
VMS License Cancellation:
License Return Policy:
Once the VMS License is activated, it is non-refundable. If the license has not been activated, it may be returned within 30 days from the date of acceptance by the customer.
Limited Lumi-Cloud Maintenance Policy:
Luminys will provide a refund for credit on unredeemed licenses within 30 days of purchase, provided no refunds are available for licenses related to data packages. Once a license has been redeemed, no refund is available.