Partilink Inc. (“Partilink”) General sales conditions and Limited Product Warranty Policy

Coverage

These General Terms and Conditions of Sale and Limited Product Warranty Policy provide for the mutual rights and obligations of the Parties in connection with all supplies of the Partilink portfolio products (hereinafter the “Seller”) to another party (hereinafter the “Buyer” “Purchaser”) and form an integral part of each contract providing for the sale or supply of the Goods by the Seller to the Buyer, unless the Parties expressly agree otherwise.

Partilink warrants its products that it will substantially perform to their specifications on Partilink’s datasheets and will be free from defects in materials and workmanship under normal use, conditions and service.

UnderPartilink Limited Product Warranty, at its sole discretion, will either:

Repair or facilitate the repair of defective products within a reasonable period of time and restore products to their proper operating conditions and then return defective products free of any charge for necessary parts, labor and shipping

OR

Replace and return, free of charge, any defective products with direct replacement or with similar products deemed by Partilink to perform substantially the same function as the original products

OR

Refund the pro-rated value based on the remaining term of the warranty period, not to exceed original sales price, in cases where products are beyond repair and/or no direct or substantially similar replacement products exist. Repair, replacement or refund of Partilink’s products is the purchaser’s exclusive remedy and Partilink’s liability does not extend to any other damages, incidental, consequential or otherwise.

This Limited Product Warranty extends to the original end-user purchaser of Partilink’s products and is non-transferrable to any subsequent purchaser(s) or owner(s) of these products.

Coverage Periods

Partilink’s Limited Product Warranty Period begins on the date of purchase by the purchaser. The date contained on the purchaser delivery receipt is the proof purchase date.

Limited Product Warranty Terms – New Products:

-2 years from proof of purchase date for Multiviewers, Quadview KVM and Video Wall processors products purchased on or after January 1, 2019

-1 years from proof of purchase date for Grabber/ Capture, Splitters, Repeaters, HDMI to DP converter, extender purchased on or after January 1, 2019

-Lifetime Limited Product Warranty for all cable products, and accessories.

Optional:
For Multiviewers, Videowall Series, HDMI to Displayport converter:

•Premium 48-hour replacement guarantee: US$ 730 / Year.
•1 additional year of warranty: US$ 330 /unit (max 2 additional years of warranty)

For HDMI to Displayport converter:

•Premium 48-hour replacement guarantee: US$ 90 / Year.
•1 additional year of warranty: US$ 70 /unit (max 2 additional years of warranty)

Remedy

Partilink recommends that end-purchasers contact their authorized Partilink dealer or reseller from whom they purchased their products. Partilink can also be contacted directly via email. www.partilink.com for Partilink’s contact information. Partilink requires that a dated sales or delivery receipt from an authorized dealer, reseller is provided before Partilink brings its warranty services. Additionally, a return merchandise authorization (RMA) and/or case number, is required to be obtained from Partilink in advance of returns.

Partilink requires that products returned are properly packed, preferably in the original carton, for shipping. Cartons not bearing a return authorization or case number will be refused. Partilink, at its sole discretion, reserves the right to reject any products received without advanced authorization. Authorizations can be requested via email sales@partilink.com

Exclusions

This Limited Product Warranty excludes:

Damage, deterioration or malfunction caused by any alteration, modification, improper use, neglect, improper packing or shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature.

Damage, deterioration or malfunction resulting from the installation or removal of this product from any installation, any unauthorized tampering with this product, any repairs attempted by anyone unauthorized by Partilink to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product.

Equipment enclosures, cables, power supplies, batteries, LCD displays, and any accessories used in conjunction with the product(s).

Products purchased from unauthorized distributors, dealers, resellers, auction websites and similar unauthorized channels of distribution.

Disclaimers

This Limited Product Warranty does not imply that the electronic components contained within Partilink’s products will not become obsolete nor does it imply Partilink products or their electronic components will remain compatible with any other current product, technology or any future products or technologies in which Partilink’s products may be used in conjunction with. Partilink, at its sole discretion, reserves the right not to extend its warranty offering in instances arising outside its normal course of business including, but not limited to, damage inflicted to its products from acts of god.

Limitation on Liability

The Seller is liable for damage incurred by the Buyer as a result of breach of the agreed obligations of the Seller up to the maximum amount equal to 25 % of the purchase price of the Goods under the Purchase Contract stipulating the Seller’s obligations breached. The Seller shall compensate the Buyer only for actual damage; the Seller shall not provide compensation for the Buyer’s lost profit or unforeseeable damage. The Seller is not liable for any damage caused by the Buyer as an indirect result of breach of the agreed obligations of the Seller.

To the maximum extent permitted by law, Partilink is not responsible for the direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory. Some countries, districts or states do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to the purchaser.

The Seller is not liable for defects that the Buyer claims after the expiry of the warranty period even if these demonstrably occurred during the warranty period.

The Buyer is obliged to inform the Seller of any defects of the Goods in writing or by means of an e-mail (hereinafter also a “Complaint”)

In case of Complaints regarding the number/amount of supplied Goods, the Buyer is obliged to submit the carrier’s consignment note with the Complaint.

If the Seller acknowledges the Buyer’s Complaint, the Buyer is entitled, depending on the Seller’s decision made on its sole discretion, to have the defective Goods repaired or replaced or to receive a discount on the purchase price.

Exclusive Remedy

To the maximum extent permitted by law, this limited product warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied. To the maximum extent permitted by law, Partilink specifically disclaims all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If Partilink cannot lawfully disclaim or exclude implied warranties under applicable law, then all implied warranties covering its products including warranties of merchantability and witness for a particular purpose, shall provide to its products under applicable law. If any product to which this limited warranty applies is a “Consumer Product” under the Magnuson-Moss Warranty Act (15 U.S.C.A. §2301, ET SEQ.) or other applicable law, the foregoing disclaimer of implied warranties shall not apply, and all implied warranties on its products, including warranties of merchantability and fitness for the particular purpose, shall apply as provided under applicable law.

General Payment Terms

Unless expressly agreed otherwise, the Price of the Supply is payable before shipment, and under no circumstances is the Seller obliged to ship the Goods before it receives payment of the Price of the Supply. All payments are, due, non cancelable, non reimbursable and non transferable.

Late payments on undisputed amounts shall be subject to late charges of London Inter Bank Offered Rate (LIBOR) plus 5% divided by twelve per month, simple, on all payments not made when due until paid in full, provided that PARTILINK has provided purchaser written notice of purchaser’s failure to timely pay the undisputed fees due under this Agreement and Purchaser has failed to make that payment on or before the date ten days after receiving PARTILINK’S written notice. All Payments shall be in U.S. Dollars

Other Conditions

Any and all disputes arising out in connection with the supplies of Goods by the Seller to the Buyer shall be finally resolved by the competent Taiwanese Court. The failure by Seller to enforce any term or condition contained herein shall not be considered a waiver thereof and shall not prevent Seller from enforcing any such term or condition thereafter. Others rights and obligations of the Seller and the Buyer shall be governed by applicable legal regulations of Taiwan excluding its clauses for conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not be applicable.

Unless the Parties expressly agree otherwise, their mutual rights and obligations regarding the supplies of Goods shall be governed by the General Terms and Conditions of Sale in the wording effective as of the date of the proposal to execute an individual Purchase Contract (Order, offer); when negotiating each delivery of Goods, the Buyer is obliged to acquaint himself with the currently effective wording of the General Terms and Conditions of Sale on the Seller’s web site at www.partilink.com

This limited warranty is void if the label bearing the serial number of products have been removed or defaced, products are not purchased from an authorized Partilink dealer or reseller. A comprehensive list of Partilink’s authorized distributors, dealers and resellers can be found via email to sales@partilink.com.