This Limited Product Warranty (“Warranty”) will apply to Supplied Products (as defined in the RaaS service specific terms). Any modification of this Warranty requires an amendment to the Agreement signed by BlueJeans. If the Warranty is modified during the Term of Customer’s Agreement for RaaS, the version of this Warranty that was in effect on the Shipment Date of a Supplied Product will govern such Supplied Product during the then current Term of Customer’s Agreement for RaaS unless otherwise agreed by the Parties. This Warranty is made only to Customer.
Limited Warranty. BJN warrants to Customer that each Supplied Product in the United States of America will be free of defects in materials and workmanship during the Term of Customer’s Agreement for RaaS of such Supplied Product.
Remedy. Except as otherwise required by law, Customer’s sole remedy and BlueJeans’ sole obligation for any breach of this Warranty or defects in the Supplied Products will be that BlueJeans will replace (by means of advance replacement as set forth herein) Supplied Products which do not conform to this Warranty.
Return Materials Authorization. To obtain service under this Warranty, Customer must provide all information requested by BlueJeans including information about the Supplied Product, the nature of the claimed defect, and the location of the Supplied Product, and BJN or its authorized agent will promptly issue a Return Materials Authorization (“RMA”) and send a postage-paid shipping box for return of the Supplied Product from within the United States of America.
Advance Replacement. Upon issuing an RMA in connection with the requested replacement of a Supplied Product within the United States of America, either under this Warranty or a requested non-warranty replacement as set forth above, BJN will promptly ship a replacement Supplied Product without waiting to receive the return of the defective or replaced Supplied Product.
Return of Products. After obtaining an RMA, Customer must return the specified Product to BlueJeans, Dolby, or a Dolby agent (as directed by BlueJeans) within 30 days of the issuance of the RMA, referencing the relevant RMA number. If the specified Product is not received as directed by BlueJeans within such 30-day period, Customer agrees it will pay a replacement fee of at least $4500.
Exceptions. This Warranty does not cover defects caused by modifications not approved by BlueJeans, Dolby, physical damage not caused by BJN, Dolby or an authorized agent of BlueJeans or Dolby, misuse, accidents, improper storage, improper installation, environmental operating conditions or connectivity (audio, network, or electrical), unauthorized repairs, abnormal physical stress, connection with third-party hardware not approved by BJN, Dolby or an authorized agent of BlueJeans or Dolby, or any further damage caused by inadequate packaging for return of the Supplied Product. If (i) BJN or Dolby determines, in its reasonable discretion, that a returned Supplied Product replaced under this Warranty is not covered by this Warranty, or if (ii) BJN or Dolby is unable to evaluate the condition of a Supplied Product for which an RMA was obtained because such Product was not returned as set forth in this exhibit, then Customer agrees it will pay a fee of at least $4500.
Disclaimer of Other Warranties. All other warranties, conditions and other terms (whether express or implied) including but not limited to those relating to non-infringement of third-party rights (including, but not limited to, trademark, patent and copyright rights), satisfactory quality, merchantability, or fitness for a particular purpose are, to the fullest extent permitted by law, excluded from this Warranty.
Use of Vendors. For the avoidance of doubt all obligations under this Warranty may be performed through one or more third-party service and/or logistics vendors as determined by BlueJeans.