GENERAL TERMS FOR HARDWARE – ONLINE PRODUCTS
The following general terms shall apply in relation to hardware products (the “Products”) which are sold by XMReality. Subject to clause 3, title to the Products, free of encumbrances, will pass to the Customer upon acceptance and payment of the relevant Products.
2. Delivery, lead time and use
2.1 Terms of delivery: Ex Works Linkoping, Sweden (EXW Incoterms 2020).
2.2 Lead time to delivery: 4-6 weeks from confirmed order.
2.3 The Customer may only use the Products as specified in the at each time applicable instructions and manuals from XMReality.
2.4 XMReality can at the Customer’s request administer the delivery of the Products to the Customer. Such delivery will be made by the carrier used by XMReality at the time of delivery. The delivery will be at the Customer’s risk and at the price stated in the Main Agreement.
3. XMReality Intellectual Property
3.1 No rights are granted to the Customer under any of XMReality intellectual property including but not limited to technology contained within the Products, patents, trademarks, XMReality name, logos and any other proprietary information or technology of XMReality (hereafter “Intellectual Property”). The Customer recognizes that XMReality is the sole owner thereof, and the Customer covenants that it will not take any action, which might prejudice or adversely affect the validity or XMReality ownership of the Intellectual Property. The Customer shall without undue delay inform XMReality of any infringement of the Intellectual Property of which it becomes aware.
4. Limited Warranty XMReality
4.1 XMReality warrants that Products which are designed and manufactured by XMReality (“XMR Products”) will be free from defects in material and workmanship and perform to XMReality applicable specifications for a period of one (1) year from date of delivery to the Customer and that XMR Products will comply with CE standards. Any Products manufactured by a third party (“Third-Party Products”) will be delivered upon the terms and conditions and specification applicable to such Third Party Products.
4.2 The liability of XMReality hereunder shall be limited to replacing or repairing, at its option, and return shipping, any defective Products which are returned to XMReality’s office, Linkoping, Sweden, (or, at XMReality option refunding the purchase price of such Products). Products or parts which have been subject to abuse, misuse, accident, alteration, neglect, unauthorized repair, or installation are excluded from such replace or repair. XMReality shall make the final determination as to the existence and cause of any alleged defect.
4.3 XMReality shall not be liable for loss of profit, loss of production, loss of data and any other indirect loss whatsoever, except in case of intent or gross negligence by XMReality in relation to the Products. XMReality’s liability in relation to the Products is limited to the fees paid by the Customer to XMReality for the Products.
5. Support and Obsolescence
5.1 Modern products are frequently changed and the Products may be regularly updated. XMReality will support XMR Products purchased directly by the Customer, with the XMReality software for a minimum of two years from signature of contract. If major changes are made during this time XMReality may choose to replace the Product with a new supported Product.
5.2 XMReality cannot guarantee support for any Third-Party Products and will not carry any risk or cost for obsolescence caused by Third-Party Products or components, including, but not limited to, smart-glasses.