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a <br />8A <br />INCWTY2020-12-10 ya,lp <br />A NEW WAY TO PLAY <br />Yalp Warranty <br />Description of warranty <br />Under this Warranty ("Warranty") YALP warrants to the first and original end -purchaser ("Customer'), of the YALP interactive <br />("Product"), that such Product shall be free from material Defects for a given period as mutually be agreed upon in writing, as of the <br />date of purchase. <br />"Defect" as used in this Warranty means a manufacturing or a design defect that materially impinges on the use of the Product and <br />which is solely attributable to YALP and that was not detectible at the time of delivery of the Product or part of the Product. <br />Standard warranty <br />The warranty covers all parts of the Product, including all electronics,for a period of TWO years from the installation date of the <br />product. In addition, we offer a TEN year warranty period from the installation date for non -electronic parts like steel, aluminum and <br />plastic construction parts. In case the installation date is more than 3 months after the original date of delivery by Yalp, then the <br />warranty term starts 3 months after the delivery by Yalp. <br />Extended warranty on electronics (optional) <br />In addition to the standard warranty, a carefree package can be purchased with the original product purchase. This package will <br />extend the standard warranty of the electronics with THREE years, meaning FIVE years in total from the standard warranty starting <br />date. <br />The warranty will be valid only if <br />(1) The product is available for online monitoring and available for <br />online firmware updates by remote connection. <br />(2) The product has been installed and maintained conform the <br />instructions of YALP. (Installation manual and instructions). The <br />Warranty covers structural strength, materials and <br />manufacturing faults that would affect the functionality of the <br />Product. <br />(3)The Product has been used by Customer for its intended use <br />only, as described in the installation manual of the Product (the <br />"Manual"). <br />(4) Product maintenance has been performed and documented, <br />as set forth in the Manual. <br />(5) Customer strictly complies with all obligations set forth <br />herein. <br />In case of a defect, customer must <br />(1) Stop using the Product immediately, unless instructed by <br />YALP in writing otherwise. <br />(2) Contact YALP immediately, but not later than five (5) days <br />after the defect first occurred, was first discovered, or <br />reasonably should have been discovered. Any claim must be <br />substantiated by clear pictures and explanation of the <br />experienced defect, pointing out the expected cause and, if <br />possible, the proposed solution. <br />(3) Allow YALP to inspect the Product at Customer's premises <br />during regular business hours and any defective parts must be <br />made available for inspection by YALP and should be shipped to <br />YALP upon first request. <br />(4) Follow all instructions by YALP. <br />Warranty limitations and exclusions <br />(1) If the Product is placed in a polar environment class ET or EF, <br />according Klippen—Geiger climate classification system, this <br />Warranty does not apply and all claims will be void due to these <br />extreme conditions. <br />(2) If the Product is placed in an aggressive environment class Af, <br />Am, Aw, As, BWh, according Klippen—Geiger climate <br />classification system, extra precautions are mandatory, or the <br />Warranty does not apply and all claims will be void due to these <br />extreme conditions. The precautions will be prescribed by Yalp <br />based on the specific Product and location. <br />(3) Non -electronic parts installed within 1 km (0,6 miles) of a sea <br />shore will be covered by Warranty for half of the mentioned <br />periods of time. <br />(4) Corrosion of metal parts caused by salt water or salt -water <br />fog are not covered by the Warranty. Additionally, the Warranty <br />does not cover corrosion caused by scratches and dents. <br />(5) The Warranty does not cover SIM cards, which are covered by <br />warranty of the SIM card supplier. The Warranty does not cover <br />external connectivity issues like bad reception or absence of a <br />required network. <br />(6) The Warranty will automatically expire, if and when the <br />Product has been offline for a longer period than 1 month <br />consecutively. <br />(n The Warranty does not cover any consumables and "wear <br />ports". <br />(B) The Warranty does not cover the (return) shipping costs of <br />defective parts to YALP and (return) shipping costs of defective <br />parts to the Customer. The Warranty does not cover costs and <br />expenses in connection to repair or replacement services under <br />the Warranty, including travel expenses. Replaced parts will <br />become property of YALP. <br />(9) The Warranty is personal and cannot be transferred or <br />assigned by Customer without prior written approval of YALP. <br />(10) The Warranty does not cover faults resulting from negligent <br />handling, installation and maintenance, slight fading of colors or <br />other non -conformities which do not harm the functionality of <br />the products, misuse, accident and modification or combination <br />with non YALP products. <br />(11) The Warranty does not cover faults or damages arising from <br />regular wear and tear, faulty or careless installation or treatment, <br />improper storage or unloading of the Product, improper or <br />defective environmental circumstances or events outside our <br />reasonable control (force majeure). <br />(12) The Warranty will become null and void in case of <br />unauthorized modifications, repairs, or additions to the Product, <br />incorrect maintenance or maintenance by unauthorized persons, <br />or the installation and/or use of parts in the Products that are not <br />authorized by YALP. <br />(13) The rights of the Customer with respect to the Warranty are <br />restricted to a lack of conformity caused by defects, faulty <br />materials and failures in the Products or workmanship which <br />appear under proper use, in conformity with the Manual. <br />(14) The Warranty does not cover faults or damages resulting <br />from parts that were specifically designed and/or manufactured <br />by YALP for Customer in accordance with Customers <br />specifications. <br />Disclaimer <br />THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, <br />EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, <br />CONCERNING THE PURCHASE, USE OR CONDITION OF ANY <br />PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY <br />WARRANTY OF MERCHANTABILITY, FITNESS FOR A <br />PARTICULAR PURPOSE, QUALITY OR CONFORMITY WITH ANY <br />DESCRIPTION OR SAMPLE. EXCEPT AS SET FORTH IN THIS <br />WARRANTY, ALL WARRANTIES, REPRESENTATIONS, <br />CONDITIONS AND OTHER TERMS IMPLIED BY LAW ARE <br />EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. <br />Limitation of liability <br />IN NO EVENT SHALL YALP, ITS AFFILIATES OR ITS LICENSORS <br />BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER <br />CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), <br />PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR <br />ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR <br />CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, <br />BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR <br />ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR <br />The general terms of Yalp Inc. apply to all our transactions. <br />r,,, r , , _ e..-�-an nn - Ti iY re77147rl-477P —, <br />