BrightSign Media Player Hardware Limited Warranty

Limited Base BrightSign Media Player Hardware Warranty

BrightSign^® warrants the BrightSign Media Player Hardware products against defects in materials and workmanship under normal use for a period of two (2) years from the date of purchase by the end user as evidenced by a purchase invoice. If BrightSign determines that the BrightSign Product is defective, BrightSign will, at its option, either repair the unit or replace the unit with a new, rebuilt or equivalent BrightSign product model of the BrightSign product. BrightSign’s obligation to repair or replace constitutes Purchaser’s sole and exclusive remedy for any warranty claim. Purchaser waives all other remedies available under applicable commercial law to the fullest extent permitted by law except where BrightSign has acted with gross negligence or willful misconduct.

Purchaser must notify BrightSign of any warranty claim and request an RMA number within the applicable warranty period. BrightSign may request proof of purchase and written description of the defect. All returns must be shipped prepaid to BrightSign’s designated service facility.

Prior to returning any defective Product, Purchaser must obtain a Return Materials Authorization (RMA) number from BrightSign. All defective BrightSign Media Player Hardware Products should be returned to BrightSign with return shipping charges prepaid. BrightSign will not accept collect shipments.

If found to be defective upon examination by BrightSign, Purchaser’s product will be repaired or replaced at no charge and BrightSign will pay for replacement shipping cost.

Optional Expanded 5 Year Limited Hardware Warranty

If the Purchaser chooses, and complies with certain additional requirements defined here, BrightSign will extend the base level BrightSign Media Player Hardware Limited Warranty against defects in materials and workmanship under normal use for an expanded period of five (5) years from the date of purchase.

In order to qualify for this no charge, expanded, 5-year warranty, the customer must:

1. Enroll your player in bsn.Control or bsn.Content and the registration will be automatic — no extra steps needed.
2. If you do not choose to enroll in bsn.Control or bsn.Content, you can register for the no charge optional extended warranty by visiting our warranty registration page and registering at: https://www.brightsign.biz/brightsign-players/warranty/

Scope of and Limitation on Warranty

The warranty on the BrightSign Media Player Product is limited to the repair or replacement of defective units as described in Limited Warranty above. This warranty does not cover accessories including cables, button panels or remote controls, wear items including SD memory cards, customer training, education, installation or deinstallation, set up adjustments, or signal reception problems. This warranty also does not cover any issues related to the software or content used with the BrightSign Product. This warranty does not cover damage due to acts of God, accident, misuse, abuse, negligence, or modification of, or to any part of, the BrightSign product. This warranty does not cover damage due to improper maintenance or operation of the BrightSign product, connection to improper voltage supply or attempted repair by anyone other than a facility authorized by BrightSign to service your BrightSign product.

Warranty Disclaimer

THE LIMITED WARRANTY AND REMEDIES STATED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY. ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY ARE EXPRESSLY EXCLUDED. BRIGHTSIGNʼS WARRANTY DOES NOT APPLY TO ANY SEPARATELY LICENSED SOFTWARE CODE. THESE WARRANTIES ONLY APPLY TO BRIGHTSIGN MEDIA PLAYER HARDWARE PRODUCTS PURCHASED FROM BRIGHTSIGN OR AN AUTHORIZED BRIGHTSIGN RESELLER. PURCHASER SHALL NOT HAVE THE RIGHT TO MAKE OR PASS ON AND SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT NEITHER IT NOR ANY OF ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL MAKE OR PASS ON ANY WARRANTY OR REPRESENTATION ON BEHALF OF BRIGHTSIGN TO ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS WARRANTY SHALL LIMIT BRIGHTSIGN’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY BRIGHTSIGN’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) FRAUD OR FRAUDULENT CONCEALMENT OF A DEFECT KNOWN TO BRIGHTSIGN; OR (C) BRIGHTSIGN’S OBLIGATIONS UNDER THE JAPANESE PRODUCT LIABILITY ACT, TO THE EXTENT APPLICABLE.

LIMITATION OF LIABILITY

IN NO EVENT WILL BRIGHTSIGN OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS OR DATA OR USE OR FOR THE COST OF SUBSTITUTE GOODS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF, OR IN CONNECTION WITH THE BRIGHTSIGN MEDIA PLAYER PRODUCT OR YOUR USE THEREOF. IN NO EVENT WILL BRIGHTSIGNʼS OR ITS SUPPLIERSʼ TOTAL CUMULATIVE LIABILITY RELATING TO THE BRIGHTSIGN MEDIA PLAYER PRODUCT EXCEED THE PURCHASE PRICE OF THE BRIGHTSIGN PRODUCT. The parties acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk between sophisticated commercial parties and are an essential element of the basis of the bargain between the parties. BrightSign would not have provided this warranty without such limitations. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for certain incidental or consequential damages, so the exclusions set forth above may not apply to you.

Governing Law

This warranty and any claims arising hereunder shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. For Purchasers in the European Union, the laws of California shall govern to the fullest extent permitted under applicable mandatory law. For UK Purchasers, the laws of England and Wales shall govern. For Japan, Japanese law shall govern. The parties consent to the exclusive jurisdiction of the courts of Santa Clara County, California, or, at BrightSign’s election, any court of competent jurisdiction where the Purchaser is located.

Limitation of Action

Any action arising out of or related to this warranty must be commenced within one (1) year of the date on which the Purchaser knew or reasonably should have known of the defect giving rise to the claim. This contractual limitation period applies to the fullest extent permitted by applicable law and supplements, and in B2B transactions supersedes, any longer statutory limitation period.

Germany Specific Addendum

Notwithstanding any other provision of this warranty, where mandatory provisions of German law apply to the commercial relationship between BrightSign and Purchaser: (a) BrightSign’s liability for damages caused by gross negligence or willful misconduct is not limited; (b) BrightSign’s liability for damages to life, body, or health arising from negligent breach of duty is not limited; and (c) BrightSign’s liability under the German Product Liability Act (Produkthaftungsgesetz) is not limited.