POLY LIMITED WARRANTY
The terms of this Poly Limited Warranty ("Limited Warranty") shall apply to purchases of Poly products.
Who Does This Limited Warranty Cover?
The original end user customer who purchased a Poly product.
What Products Does This Limited Warranty Cover?
This Limited Warranty covers Poly products purchased in original Poly packaging.
Poly products must have been purchased as new from Poly, a Poly affiliated company or a Poly authorized reseller. A list of Poly authorized resellers is located at https://partners.poly.com/English/directory/.
This Limited Warranty covers any defects in the materials used in the Poly product, and any defects in the workmanship during the manufacture of the Poly products.
What is the Period of Coverage?
The term of the Limited Warranty begins from the date of purchase by the original end user customer.
The dated sales receipt showing the date of purchase is the proof of purchase. We strongly advise you to keep your receipt of purchase in order to prove the date of purchase of the product.
The period of coverage varies by product and is generally 1, 2 or 3 years; consult your original Poly product packaging or user information provided by Poly at the time of purchase for the warranty term specific to your product or online at www.poly.com/support/ ("Warranty Period").
Poly's obligation under this Limited Warranty to repair or replace products that manifest a defect in materials or workmanship ceases upon the expiration of the Warranty Period.
You are responsible for shipping charges, insurance, and other transportation-related expenses incurred when returning products to Poly. If you return out-of-warranty products or products not covered under the Limited Warranty, you will be responsible for all return-shipping and other transportation-related expenses.
How to Obtain Warranty Service?
Before submitting a warranty claim for a Poly product, please visit www.poly.com/support/ for technical assistance.
You may obtain warranty support for valid warranty claims through your point of purchase during the first thirty (30) days after purchase. This warranty support may not always be available where you purchased the Poly product and, where it is available, the period may vary depending on where you purchased the Poly product. Please contact your point of purchase for more details.
Poly offers an online system for service requests. Please register your product at www.poly.com/support/. To determine the start of the warranty period you may be asked to provide the dated sales receipt showing the date you purchased the Poly product.
Warranty claims that cannot be processed through your point of purchase and any other Poly product related questions should be addressed directly to Poly. You can find our knowledge base articles, ask a question, receive service over the Internet or speak directly to a representative via www.poly.com/support/.
Any claim under this Limited Warranty is subject to you notifying Poly or your point of purchase of the alleged defect within a reasonable time of it having come to your attention and in any event no later than before the expiry of the Warranty Period.
Obtaining Warranty Support in Another Country
Poly products purchased in one country or region may be eligible for warranty service in other countries or regions where Poly or a Poly authorized service provider offers warranty service for the same Poly product, based on Poly’s product model number.
However, the Warranty Period provided in the country where the product was purchased shall apply. The warranty terms (including those stated here), service availability, and service response times may vary based on the country or region. Warranty service response times are always subject to change due to local conditions (including, without limitation, availability of parts and materials and a Poly authorized service provider).
POLY LIMITED WARRANTY
This Limited Warranty does not cover:
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products that are not manufactured by or on behalf of Poly;
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products purchased from anyone other than from Poly, a Poly affiliated company or a Poly authorized reseller;
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products purchased through online auctions and second-hand products;
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products that are operated in combination with software, peripheral or ancillary equipment such as but not limited to batteries, chargers, adapters, headsets, connector cables, and power supplies ("Ancillary Equipment") not furnished or otherwise certified by Poly for use with the Poly products or any damage to the Poly products or Ancillary Equipment as a result of such use;
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Unauthorized use of common carrier communication services provided by another company/third party accessed through the product;
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damage caused by (a) accident, fire, misuse, neglect, unusual physical or electrical stress, liquid ingress or modification; (b) improper or unauthorized installation, wiring, repair, testing; or (c) use of the product outside Poly published guidelines;
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instances in which someone other than Poly (or its authorized service centers) tests, alters, modifies or services the products in any way;
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products that have (a) serial numbers or date tags that have been removed or altered, or (b) nonconforming or non-Poly housings or parts;
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Limited life consumable components and accessories, that are subject to normal wear and tear, such as cases, cradles, protective coatings, headbands and ear tips, (unless they are found to be non-functional or broken upon purchase of product).
9. WARRANTY/LIMITATION OF LIABILITY
a. POLY WARRANTS FOR NINETY (90) DAYS FROM THE PERFORMANCE OF ANY SERVICES BY POLY PURSUANT TO THESE TERMS AND CONDITIONS, THAT SUCH SERVICES SHALL BE PERFORMED IN A WORKMANLIKE MANNER CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY STANDARDS. POLY MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. POLY MAKES NO WARRANTY THAT OPERATION OF THE POLY PRODUCT SERVICED WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL POLY BE LIABLE FOR ANY DELAY IN FURNISHING SERVICES. CUSTOMER MUST REPORT IN WRITING ANY BREACH OF THIS WARRANTY TO POLY DURING THE ABOVE WARRANTY PERIOD, AND CUSTOMER’S EXCLUSIVE REMEDY AND POLY’S ENTIRE LIABILITY FOR ANY BREACH OF SUCH WARRANTY SHALL BE TO RE-PERFORM THE SERVICES, OR IF POLY IS UNABLE TO RE-PERFORM THE SERVICES AS WARRANTED, CUSTOMER SHALL BE ENTITLED TO RECOVER THE PRORATED FEES PAID TO POLY FOR THE NONCONFORMING SERVICES.
b. EXCEPT FOR BREACHES OF CONFIDENTIALITY (SECTION 10) OR INTELLECTUAL PROPERTY (SECTION 6), IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, LOST BUSINESS PROFITS, OR LOSS, DAMAGE OR DESTRUCTION OF DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SAME.
c. SUBJECT TO SUB-CLAUSE b. ABOVE, EXCEPT FOR BREACHES OF CONFIDENTILIATY (SECTION 10) OR INDEMNITY OBLIGATIONS (SECTION 8), POLY’S MAXIMUM LIABILITY FOR ALL OTHER DAMAGES WILL BE LIMITED TO (I) ONE (1) YEAR'S SERVICE CHARGES (IN THE CASE OF SERVICE DESCRIPTIONS WITH AN APPLICABLE SERVICE PERIOD) OR (II) AGGREGATE SERVICE FEES PAYABLE TO POLY PURSUANT TO THE APPLICABLE SERVICE DESCRIPTION (IN THE CASE OF SERVICE DESCRIPTIONS WITH NO APPLICABLE SERVICE PERIOD). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND IN SUCH EVENT, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR (i) FRAUD OR FRAUDULENT MISREPRESENTATION OR (ii) DEATH OR PERSONAL INJURY TO THE EXTENT THAT IT RESULTS FROM SUCH PARTY’S NEGLIGENCE AND SOLELY TO THE EXTENT REQUIRED BY APPLICABLE LAW.
10. Confidentiality.
a. Confidential Information. Each party (the "Disclosing Party") may from time to timeduring the Term disclose to the other party (the "Recipient") certain information regarding the Disclosing Party’s business, including its products, inventions, operations, methodologies, systems, processes, product development plans or intentions, know-how, designs, trade secrets, market opportunities, business or financial affairs, and technical, marketing, financial, employees, planning, and other confidential or proprietary information ("Confidential Information"). Poly’s Confidential Information includes (without limitation) the function and performance of the Poly Products, the terms of this Agreement, and any other information relating to the Poly Products or the sale thereof. Confidential Information includes information disclosed orally, visually, or through any tangible medium.
b. Protection of Confidential Information. Recipient will not use any ConfidentialInformation of the Disclosing Party for any purpose not expressly permitted by these Terms and Conditions or to carry out the Services, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors of Recipient who have a need to know such Confidential Information for purposes of carrying out the Services and who are under a duty of confidentiality no less restrictive than Recipient’s duty hereunder. Recipient will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own confidential or proprietary information of a similar nature and with no less than reasonable care.
c. Residuals. The Recipient shall be free to use for any purpose the residuals resultingfrom access to or work with the Confidential Information of the Disclosing Party, provided that the Recipient shall not disclose the Confidential Information except as expressly permitted hereunder. The term "residuals" means information in intangible form, which is retained in memory by persons who have had access to the Confidential Information, including ideas, concepts, know -how or techniques contained therein. The Recipient shall not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of residuals. However, this section shall not be deemed to grant to the Recipient a license under the Disclosing Party’s copyrights or patents
d. Exceptions. Recipient’s obligations under Section 10(b) with respect to any Confidential Information of the Disclosing Party will terminate if and when Recipient can document that such information: (a) was already lawfully known to Recipient at the time of disclosure by the Disclosing Party; (b) was disclosed to Recipient by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of Recipient has become, generally available to the public; or (d) was independently developed by Recipient without access to, or use of, the Disclosing Party’s Confidential Information. In addition, Recipient will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is (i) approved in advance, in writing by the Disclosing Party, (ii) necessary for Recipient to enforce its rights under these Terms and Conditions in connection with a legal proceeding; or (iii) required by law or by the order or a court of similar judicial or administrative body, provided that Recipient notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s request and expense, in any lawful action to contest or limit the scope of such required disclosure.
11. Force Majeure. Except for the obligation to make timely payments, neither party will be liable tothe other for delays or failures to perform occasioned by causes beyond its reasonable control. Such acts or events shall include but not be limited to, acts of God, civil or military authority, civil disturbance, riot, fire, strikes, lockouts or slowdowns, factory or labor conditions, inability to obtain necessary labor, materials or manufacturing facilities, delayed issuance of export control licenses. In the event of such delays or failures to perform, any dates or times by which Poly is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the additional time required because of the delay or failure to perform. Each of the parties shall promptly inform the other of any event of force majeure, its expected duration and cessation, respectively.
12. General.
a. Except as otherwise set forth in these Terms and Conditions, these Terms and Conditions may only be modified by a written agreement duly signed by authorized representatives of both parties, and variance from or addition to the provisions of these Terms and Conditions in any order or other written notification will be of no effect.
b. Any notices required or permitted to be given hereunder shall be in writing and effective when received by a party at the address as the receiving party has last notified to the other party by prior written notice. In the case of Poly such address, unless otherwise notified in writing, shall be as follows:
Plantronics, Inc.
FAO: General Counsel
345 Encinal St.
Santa Cruz CA 95060
USA
c. If any provision of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the remaining terms of these Terms and Conditions shall in no way be affected or impaired.
d. The waiver by either party of a breach of any provision of these Terms and Conditions shall not be construed as a waiver of any subsequent breach.
e. Customer may not assign any or all of Customer’s rights or obligations under these Terms and Conditions including by purchase, merger or operation of law, without the prior written consent of Poly, which consent shall not be unreasonably withheld. Any attempted assignment or transfer in violation of this provision shall be null and void. Poly may assign its rights and obligations under these Terms and Conditions without prior written consent or notice.
f. In performing the Services, Poly shall be acting as an independent sub-contractor and neither Poly nor its personnel or representatives shall be deemed to be Customer’s agents or employees. Customer may not assign nor transfer its rights, under the Term and Conditions or a Service Description or Statement of Work, by operation of law or otherwise, without the prior written consent of Poly. Poly’s affiliates may participate in Poly’s performance under these Terms and Conditions and a Service Description or Statement of Work, and Poly may also sub-contract its obligations under, these Terms and Conditions and a Service Description or Statement of Work provided that Poly remains liable for the performance of its affiliates and/or sub-contractors in respect thereof.
g. Save as expressly provided, no term or provision of these Terms and Conditions or a Service Description or Statement of Work shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees).
h. The Customer acknowledges that Poly has trained personnel who perform Services and has made an investment in such personnel. Therefore, at no time during the term of a Service Description or Statement of Work or for one year thereafter, will the Customer directly or indirectly either offer employment to or hire any Poly employees who perform Services on behalf of Poly without Poly’s express prior written consent. In the event that the Customer is in breach of this provision, Poly shall have the right to invoice the Customer, and the Customer agrees to pay, a sum equal to 12 months’ salary in respect of the hired individual.
i. In performing the Services, Poly shall be deemed to be an independent contractor and its personnel and representatives shall not act as nor be Customer’s agents or employees. Poly shall have complete charge and responsibility for personnel employed or engaged by Poly.
j. Unless otherwise indicated in an applicable Services Description, Poly does not seek to collect any personally identifiable information (PII) from Customer or third parties during the performance of the Services. In the event that PII is obtained by Poly, such PII will be treated in accordance with our then-current privacy policy found here. Customer authorize Poly to use Customer Data as necessary for Poly to provide the Services. Customer covenants, represents and warrants that it has any and all authorizations as may be necessary or appropriate for Poly's use as permitted by this Agreement. Subject to applicable law, Poly shall use Customer Data subject to the Poly privacy policy, including for the purposes of delivering, developing, improving and protecting Poly services. The Poly privacy policy is expressly incorporated into this Agreement
k. Upon any expiration or termination of these Terms and Conditions, Sections 6 (Intellectual Property), 8 (Indemnity) and 9 (Warranty/Limitation of Liability) shall survive.
l. These Terms and Conditions may have been translated into various languages for the convenience of Poly’s Customers. While the translation is correct to the best of Poly’s knowledge, Poly is not responsible or liable in the event of an inaccuracy. English is the controlling language of these Terms and Conditions, and any translation has been prepared for Customer as a courtesy only. In the event of a conflict between the English-language version of these Terms and Conditions and a version that has been translated into another language, the English-language version of these Terms and Conditions shall control.
m. These Terms and Conditions and any contract for a Service Description or Statement of Work shall be governed by (i) the laws of the State of California, in the case of Poly, Inc. and any disputes will be subject to the exclusive jurisdiction of the Superior Court of Santa Clara County and/or the United States District Court for the Northern District of California. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Poly shall have the option to bring a suit before the courts of Customer’s domicile, when the claim is for payments due from Customer or Customer’s Poly Reseller.
UNLESS OTHERWISE EXPRESSLY AGREED IN A SIGNED WRITING BY THE PARTIES IN ACCORDANCE HEREWITH, THESE TERMS AND CONDITIONS, TOGETHER WITH ANY APPLICABLE SERVICE DESCRIPTION AND STATEMENT OF WORK, ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT OF TERMS AND CONDITIONS BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR TERMS AND CONDITIONS, AGREEMENTS OR COMMUNICATIONS, ORAL OR WRITTEN, BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF.
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