Last Updated:
These terms (“Warranty Terms“) set forth the warranty coverage provided by Mako Networks, Inc. (“Mako“) for Mako Equipment and Software. The Warranty Terms are incorporated by reference into the Services Agreement between Mako and Customer. In the event of any conflict, the Services Agreement shall control unless explicitly stated otherwise.
Mako agrees to provide Customer with warranty coverage under the following terms and conditions:
Scope of Warranty
This warranty extends only to Customer and will not extend to, nor may it be assigned to, any subsequent or third-party user, purchaser, or end user. However, the parties acknowledge that any sale, assignment, or transfer among Customer’s other sites shall not be considered a third party. Mako reserves the right to void the warranty if the Mako Equipment is transferred or assigned to any third party without Mako’s prior written consent.
Mako Equipment Warranty
Mako warrants that Mako Equipment delivered to a Customer under a Services Agreement: (a) shall be delivered and/or provided in good operating order, in conformity with Mako’s specifications and descriptions; and (b) shall be free of material defects in workmanship and material for the duration of the warranty period, subject to limitations set forth herein. During the warranty period, if Customer notifies Mako that Mako Equipment is not performing per its specifications, Mako shall have the option to replace or repair the Mako Equipment that fails to function according to Mako Equipment’s specifications. Any demonstration units identified as such and sold to Customer at an additional discount are excluded.
Warranty Shipments
For Mako Equipment under warranty requiring replacement, Mako will ship a replacement device by the next Business Day for requests received before 3:00 PM Central Time.
Software Warranty
Mako warrants that Software and Mako Services delivered to Customer under a Services Agreement: (a) will be delivered and/or provided in good operating order, in conformity with Mako’s Software specifications and descriptions (including, but not limited to, the service levels); and, (b) will be free of material defects for the duration of a valid Services Agreement between Mako and Customer subject to limitations set forth herein. This Software warranty shall be continuous and extends for the duration of a Services Agreement between Mako and Customer, subject to limitations set forth herein. Customer’s sole and exclusive remedy and the entire liability of Mako, its suppliers, and affiliates under this warranty is to correct the reported material defect through Software updates and Software upgrades. Mako makes no other warranty with respect to the Software and expressly disclaims any warranty that the Software is error-free or that Customer will be able to operate the Software without problems or interruptions. Customer may be able to access and execute potentially hazardous files from the Internet, and Mako disclaims all liability resulting from Customer’s access and execution of such files. If Customer allows maintenance and support service to lapse, this Software warranty will be void.
Mako Equipment Warranty Period Under the Purchase Option
If Customer purchases the Mako Equipment, Mako’s warranty against defects in workmanship and material shall begin on the date the Mako Equipment is installed at Customer’s site and continue for thirty-six (36) months. Customer may add an extended warranty for the Mako Equipment to their monthly charges by contacting Mako prior to the expiration of the initial warranty period.
Mako Equipment Warranty Under the Rental Option
If Mako provides Customer the Mako Equipment through a rental option, Mako’s warranty against defects in workmanship and material shall be coterminous with the Service Term, and the cost of such warranty shall be included in the Charges.
Warranty Limitations
Mako shall not be liable under this warranty if its testing and examination discloses that: (a) the Mako Equipment has been modified or altered by any party other than Mako or its agents after installation and activation; or (b) the alleged defect does not exist or was caused by misuse, neglect, improper installation or testing, unauthorized repair attempts, accident, fire, other hazards, or abnormal physical, thermal, or electrical stress. Technical specifications for Mako Equipment are available on https://makonetworks.com.
Warranty Exclusions
Mako Equipment is not designed or intended for use in (a) the design, construction, operation, or maintenance of any nuclear facility; (b) navigating or operating aircraft; or (c) operating life-support or life-critical medical equipment. Mako disclaims any express or implied warranty of fitness for such uses. Mako is not responsible for any software, firmware, information, or memory data contained in returned Equipment. Customer is responsible for backing up all programs and data.
Mako Equipment Return Procedures
If Mako determines Equipment requires repair or replacement under warranty, and Customer is in good standing, Mako will: (1) provide an advance replacement at Mako’s cost, and (2) issue a Return Material Authorization (“RMA“) number with return instructions. Customer must return the defective Equipment within thirty (30) days after receiving the RMA number. Mako may charge Customer for advance replacements if defective Equipment is not returned within this period. If testing reveals no warranted defect, Mako will dispose of the Equipment per Customer’s instructions at Customer’s cost.
Shipment & Packaging
Customer must properly package returned Equipment, include a failure description and valid RMA number, and return it to Mako’s designated location within thirty (30) days of RMA issuance. Mako will not accept returns without valid RMA numbers. Late returns may result in RMA cancellation and charges for advance replacements. Invalid warranty claims will incur service charges at Mako’s then-current rates plus expenses. Mako’s warranty claim determinations are final and binding.
Warranty Disclaimer
EXCEPT AS SPECIFICALLY SET FORTH HEREIN AND IN THE SERVICES AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND MAKO MAKES NO REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE ALL OF WHICH MAKO EXPRESSLY DISCLAIMS. TO THE EXTENT THAT MAKO CANNOT DISCLAIM ANY SUCH WARRANTIES AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Definitions
“Business Day” means any day, other than a Saturday, Sunday, or the specified holidays of New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, or Christmas Day, as well as any other holidays observed by package carriers such as FedEx and UPS. If any of these holidays fall on a weekend, the holiday will be observed on either the preceding Friday or the following Monday, as applicable.
“Customer” means the person or other legal entity using Mako Services or Mako Equipment, being a person or other legal entity contractually engaged by Mako.
“Mako Equipment” means the hardware device (or devices) supplied to Customer by Mako that enables Customer to access the Mako Services, including any software installed on such devices.
“Mako Services” means the network, applications, reporting, support, or other services Customer has requested to use under license from Mako and which Mako agrees to supply via Mako Equipment and any other means Mako makes available to enable the provision of those services to Customer.
“Services Agreement” means any agreement between Mako and Customer governing the provision of Mako Services, including but not limited to service orders, statements of work, or other written agreements.
“Software” means any software which is comprised within the Mako Services or is embedded in the Mako Equipment.
If you have any questions about these policies, please contact legal@makonetworks.com.