Digium Warranty Terms & Conditions
Warranty Coverage
Hardware warranty: Digium warrant that products sold shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions. Miro distribution, upon receipt of defective product from a customer will undertake to swop or repair the Digium product within 24 hours where fault allows. Should the testing or repair of the Digium product take longer than 24 hours, the customer will be notified by Miro distribution. Miro distribution reserves the right to provide a replacement part which is either new or in like new condition. If Miro distribution is unable to provide a replacement part or otherwise remedy the defective product after making commercially reasonable efforts, Miro distribution reserves the right to refund a pro-rated calculation of the purchase price of the product as its exclusive warranty remedy. The pro-rated refund shall be based upon Miro distribution’s current suggested distributor’s price of product and will be calculated by dividing this amount by the months remaining in the duration of the warranty period remaining on the purchased product.
Software warranty: Digium warrant that the Software will substantially conform to Digium's specifications as set forth in the applicable documentation, at and from the date of original distributor’s purchase of the Software for a period of ninety (90) days provided that the Software is properly installed and used as contemplated in its documentation. Miro's sole obligation and your sole remedy for a breach of the foregoing warranty shall be to replace the non-conforming software with software substantially conforming to Digium's specifications or to refund fees as described below. Digium further warrants that the media on which Miro delivers the Software will be free of physical defects for a period of ninety (90) days or will be replaced by Miro distribution. Except as otherwise agreed by Miro distribution in writing, the replacement Software is subject to the terms and conditions of this Policy. If Miro determines in its sole discretion that a material non-conformance cannot be corrected, or that it is not practical to replace the nonconforming Software, the price paid by the original licensee for the Software will be refunded by Miro distribution to you and the license grant automatically terminated, in which case you will promptly return to Miro distribution or destroy the Software and any copies in your possession.
Miro distribution will not be responsible for providing any updates unless Digium provides such updates to its commercial customers.
Warranty Period
Hardware warranty - five (5) years calculated from the system generated date of Distributors delivery note.
Digium Appliances warranty - one (1) year calculated from the system generated date of Distributors delivery note.
Software warranty: ninety (90) days calculated from the system generated date of Distributors delivery note.
Limitation of Warranty
No warranty shall apply if the hardware, appliance or software has not been installed, operated, repaired, or maintained in accordance with instructions of the product which may be located on Digium website or in the enclosed documentation accompanying the product.
The limited warranties provided do not cover:
- Products that have been subjected to misuse, tampering, modification, experimentation, alteration, negligence, faulty installation, or acts of God;
- Products with the model or serial number altered, tampered with, or removed;
- Initial installation, installation and removal of the Product for repair, and shipping costs;
- Configuration of the Product;
- Damage that occurs in shipment due to act of God, failures due to power surge, and cosmetic damage;
- Any hardware, software, firmware or other materials or services provided by anyone other than Miro distribution; or
- Repair by anyone other than Miro distribution, unless under a current Services contract with Digium, you shall not upgrade or update product using software of any origin except commercial versions of the software released to you by Miro distribution or Digium from time to time. This warranty extends only to the original distributor and is not transferable.
To the maximum extent permitted by law, Miro distribution is not liable under any contract, negligence, strict liability or other legal or equitable theory for any loss of use of product, inconvenience or indirect damages of any character, whether special, incidental or consequential (including, but not limited to, loss of revenue or profit, work stoppage, computer failure or malfunction, failure of connected equipment or programs, loss of information or data or loss of goodwill) resulting from the use of the product, relating to warranty service, or arising out of any breach of this agreement, even if Miro distribution has been advised of the possibility of such damages. The sole remedy for a breach of the foregoing limited warranties is repair, replacement or refund of the purchase price of the product. The maximum liability of Miro distribution under this defective or non conforming product agreement is limited to the purchase price of the applicable product. The foregoing express written warranties and remedies are exclusive and in lieu of any other warranties or remedies, express, implied or statutory.
Three-Year Extended Appliance Hardware Warranty
On certain products, a Three (3) Year Extended Appliance Hardware Warranty is available. For those products and for distributors who have purchased the Three-Year Extended Appliance Hardware Warranty, Miro will, for a period of three (3) years from the delivery note system generated date, which is a period of two (2) additional years beyond the Standard Appliance Hardware Warranty of one (1) year, warrant that the product purchased by the distributor shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions.