General Conditions of TRC Simulators B.V.
Part 1 – General Terms of Limited Warranty
The warranties provided by TRC in this Statement of Limited Warranty apply only to Products the client has purchased for use, and not for resale, from TRC or a reseller. The term â€œProductâ€ means a TRC product, its features, conversions, upgrades, elements, or accessories, or any combination of them. The term â€œProductâ€ does not include any software programs, whether pre-loaded with the Product, installed subsequently or otherwise. Unless TRC specifies otherwise, the following warranties apply only in the country where you acquire the Product. Nothing in this Statement of Limited Warranty affects any statutory rights of consumers that cannot be waived or limited by contract. If you have any questions, contact TRC or your reseller.
Part 2 â€“ Payments
Payment must be guaranteed by authorisation via credit card or by prepayment on the bank account of TRC Simulators (at the choice of TRC Simulators b.v.) before any product will be shipped to the buyer. Refunds are not given. In case products are returned for refund or products ordered are refused prior to shipment or confirmed orders are changed and already charged to a credit card or payment has been received on the bank account of TRC Simulators a refund will be hold as an amount available for the buyer against future purchases. This amount will be visible in the shopping cart of the buyer as a negative amount. The buyer can use this amount in full or partly against any future purchases.
Part 3 – The TRC Warranty for Products
TRC warrants that each (built) Product 1) is free from defects in materials and workmanship and 2) conforms to TRCâ€™s Specifications. The warranty period is 24 months from the date of product purchase. The warranty period for a Product is a specified, fixed period commencing on its Date of Purchase. The date on the invoice is the Date of Purchase unless TRC or the reseller informs you otherwise. If a Product does not function as warranted during the warranty period, and TRC or the reseller are unable to either 1) make it do so or 2) replace it with one that is at least functionally equivalent, the client may return it to its place of purchase and the money will be refunded. Shipping costs will not be refunded. Products returned for a refund will be subject to a restocking charge of 15%. Shipping costs for products returned for waranty are never included in the warranty. Shipping towards TRC Simulators as well as shipping from TRC Simulators towards the client shall be paid by the client. TRC Simulators may require pre-payment of return shipping costs in advanced by bank prepayment or other type of payment.
Extent of Warranty
The warranty does not cover the repair or exchange of a Product resulting from misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by the client, or failure caused by a product for which TRC is not responsible. The warranty is voided by removal or alteration of Product or parts identification labels.
THESE WARRANTIES ARE THE EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO THE CLIENT. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD
Items Not Covered by Warranty
TRC does not warrant uninterrupted or error-free operation of a Product. Any technical or other support provided for a Product under warranty, such as assistance via telephone with â€œhow toâ€ questions and those regarding Product set-up and installation, will be provided WITHOUT WARRANTIES OF ANY KIND.
To obtain warranty service for a Product, contact TRC or the reseller. If the client does not register the Product with TRC, the client may be required to present proof of purchase. During the warranty period, TRC or the reseller, if approved by TRC to provide warranty service, provides without charge certain types of repair and exchange service to keep Products in, or restore them to, conformance with their Specifications. TRC or the reseller will inform the client of the available types of service for a Product based on its country of installation. At its discretion, TRC or the reseller will 1) either repair or exchange the failing Product and 2) provide the service either at the clientâ€™s location or a service center. TRC or the reseller will also manage and install selected engineering changes that apply to the Product. Some parts of TRC Products are designated as Customer Replaceable Parts (called â€œCRPsâ€), e.g., certain instruments. TRC ships CRPs to you for replacement by the client. The client must return all defective CRPs to TRC within 30 days of the clientâ€™s receipt of the replacement CRP. The client is responsible for downloading designated software and Licensed Internal software updates from a TRC Internet Web site or from other electronic media, and following the instructions that TRC provides. When warranty service involves the exchange of a Product or part, the item TRC or the reseller replaces becomes its property and the replacement becomes the clientâ€™s. The client represent that all removed items are genuine and unaltered. The replacement may not be new, but will be in good working order and at least functionally equivalent to the item replaced. The replacement assumes the warranty service status of the replaced item. Many features, conversions, or upgrades involve the removal of parts and their return to TRC. A part that replaces a removed part will assume the warranty service status of the removed part. Before TRC or the reseller exchanges a Product or part, the client agrees to remove all features, parts, options, alterations, and attachments not under warranty service. The client also agrees to 1. ensure that the Product is free of any legal obligations or restrictions that prevent its exchange 2. obtain authorization from the owner to have TRC or the reseller service a Product that the client does not own; and 3. where applicable, before service is provided: a. follow the problem determination, problem analysis, and service request procedures that TRC or the reseller provides b. provide TRC or the reseller with sufficient, free, and safe access to the clientâ€™s facilities to permit them to fulfill their obligations; and c. inform TRC or the reseller of changes in a Productâ€™s location.
TRC is responsible for loss of, or damage to, your Product while it is 1) in TRCâ€™s possession or 2) in transit in those cases where TRC has used UPS Courier Service to ship the products to the buyer. Neither TRC nor the reseller is responsible for any of the clientâ€™s confidential, proprietary or personal information contained in a Product which is returned to TRC or the reseller for any reason. The client should remove all such information from the Product prior to its return. All shipping costs for as well as the returning of the defect Product as well as the shipping costs to return a repaired or replaced product must be paid by the buyer. The buyer will prepay suchs costs as recommend by TRCâ€™s service department via the purchase of value vouchers via TRCâ€™s or SimKitsâ€™ website.
Part 4 – Limitation of Liability
Circumstances may arise where, because of a default on TRCâ€™s part or other liability, the client is entitled to recover damages from TRC. In each such instance, regardless of the basis on which the client is entitled to claim damages from TRC (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), except for any liability that cannot be waived or limited by applicable laws, TRC is liable for no more than 1. damages for bodily injury (including death) and damage to real property and tangible personal property; and 2. the amount of any other actual direct damages, up to the charges (if recurring, 12 monthsâ€™ charges apply) for the Product that is subject of the claim. For purposes of this item, the term â€œProductâ€ includes Product Code and Licensed Internal Code. This limit also applies to TRCâ€™s suppliers and the reseller. It is the maximum for which TRC, its suppliers, and the reseller are collectively responsible.)
UNDER NO CIRCUMSTANCES IS TRC LIABLE FOR ANY OF THE FOLLOWING: 1 THIRD-PARTY CLAIMS AGAINST THE CLIENTâ€™S FOR DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, THE CLIENTâ€™S RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, EVEN IF TRC, ITS SUPPLIERS OR THE RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE CLIENT)
Part 5 – Governing Law
Both the client and TRC consent to the application of the laws of the country in which the client acquired the Product to govern, interpret, and enforce all of the client and TRCâ€™s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles. In case the client acquired the product via the Internet, the laws of the Netherlands apply.