Impinj 2-Year Extended Warranty

Description

Insure Your Impinj IoT Investment With a 2-Year Extended Warranty

Extension of Impinj Limited Hardware Warranty for 2 years after expiration of Initial Limited Hardware Warranty Period for a total of 3 years coverage from Date of Purchase.

Gateway™ Portals and Speedway™ Readers Extended Warranty Terms and Conditions

Impinj, Inc. (“Impinj”) offers Extended Warranty for the following Impinj products: Speedway Readers, xPortal Gateway, and xArray Gateway (collectively, “Eligible Product(s)”). Impinj’s end-users (collectively, “Customers”) may, for an additional fee, elect to purchase Extended Warranty from Impinj (directly or indirectly through resellers) as described in, and subject to, the terms and conditions below (these “Terms”).

1. Definitions.

“Covered Hardware Components” means the hardware portions of an Eligible Product excluding any cables, power supplies, antennas and accessories (even if such items were purchased or bundled as part of any Eligible Product).

“Defective Hardware” means that the Covered Hardware Components of an Eligible Product fail to substantially conform to Impinj’s applicable published technical specifications in effect at the time such Eligible Product was purchased, with such substantial conformance determined by Impinj in its reasonable discretion, provided that no such failure is due to an Exclusion.

“Exclusions” means any failure caused by: (i) software, firmware, or non-hardware related problems or products marked as “prototype,” “sample,” “risk,” or “beta” or sold “as is”; (ii) alterations, repairs or modifications of, or additions to, Eligible Products made by parties other than Impinj; (iii) use of Eligible Products in a manner for which they were not designed or other than as specified in the applicable technical specifications; (iii) the combination, use, or interconnection of the Eligible Products with accessories not meeting the specifications set forth in the applicable Eligible Product datasheet, including operation with third party additions; (iv) abnormal usage or misuse of the Eligible Products, including, but not limited to, accident, electrical stress, fire, water damage, earthquake, lightning, other acts of nature, and other causes external to the Eligible Products; (v) installation or maintenance of wiring, circuits, electrical conduits, or devices external to the Eligible Products; (vi) failure to provide and continually maintain adequate electrical power, air conditioning, and humidity controls in accordance with Eligible Product requirements; (vii) failure to follow any other instructions provided by Impinj, including, without limitation, any handling, storing, testing, installation and operating instructions; (viii) any use of software application programs residing on Eligible Products or hosted on hardware interfacing with Eligible Products; (ix) interconnection of any Eligible Products with third party software or hardware not supplied by Impinj; (x) Customer’s or a third party’s negligence, breach of agreements or terms applicable to Eligible Products; and/or (xi) defects that are caused or introduced by any entity other than by or on behalf of Impinj.

“Firmware” means any firmware or software that is embedded or preinstalled on an Eligible Product by or on behalf of Impinj, including any Firmware Maintenance Release. Firmware excludes any application software or software hosted on hardware interfacing to an Eligible Product.

“Firmware Maintenance Release” means a set of related or unrelated firmware improvements, bug fixes, and/or error corrections applicable to an Eligible Product that is delivered by Impinj (if and when available) to Customers with a then-current paid-up maintenance/support contract for the applicable Eligible Product. A Firmware Maintenance Release does not include maintenance of any application software that may reside on an Eligible Product or may be hosted on hardware interfacing to an Eligible Product. Impinj reserves the right to price and sell any additional firmware functions or improvements as a separate product.

“Initial Limited Hardware Warranty Period” means 1 year from the date of shipment to Customer of the Eligible Product, but in no more than 15 months from the date of shipment by Impinj.

“Extended Warranty Units” means any specific unit of an Eligible Product, as identified by its serial number, which has a then-current paid-up contract for Extended Warranty.

“Major Firmware Maintenance Release” means a Firmware Maintenance Release that is designated by Impinj as a change in the digit(s) to the left of the first decimal of the version number.

“Minor Firmware Maintenance Release” means a Firmware Maintenance Release that is designated by Impinj as a change in the digit(s) to the right of the first decimal of the version number.

2. Eligibility.

Customer may elect to purchase Extended Warranty for a specific unit of Eligible Product; provided, that Customer provides Impinj with written notice of election at least ninety (90) days prior to the expiration of the applicable Initial Limited Hardware Warranty Period. If Customer desires to purchase Extended Warranty within ninety (90) days of the expiration of the Initial Limited Hardware Warranty Period for a specific unit of an Eligible Product, Customer’s election will be subject to Impinj’s prior written consent, which may be withheld in Impinj’s sole discretion and may be subject to an additional charge as set by Impinj. If Impinj offers an applicable renewal of Extended Warranty, Customer may renew Extended Warranty prior to the lapse of the then-current Extended Warranty. Impinj currently permits Customer to renew Extended Warranty one (1) time for a maximum period of five (5) years of coverage (i.e., 1-year Initial Limited Hardware Warranty Period and two (2) 2-year Extended Warranty terms). An Extended Warranty will not be offered on any unit of an Eligible Product whose Initial Limited Hardware Warranty Period or Extended Warranty (as applicable) has lapsed. Impinj reserves the right to terminate its provision of Extended Warranty if Customer is in default of any obligation to Impinj. Extended Warranty will only apply to those specific units of Eligible Products for which all Extended Warranty fees have been paid based on such units’ serial numbers. Extended Warranty for a Extended Warranty Unit is not transferable to other units. Impinj will have no obligation to provide any services under these Terms with respect to any unit other than a Extended Warranty Unit. Customer is solely responsible for managing elections and renewals (if applicable) of Extended Warranty. Impinj will have no liability for any delay in electing or renewing (if applicable) in Extended Warranty.

3. Licenses and Firmware Maintenance Releases.

(c) Provision of Firmware Maintenance Releases. At any time that Customer has a Extended Warranty Unit, Impinj will make available to Customer all applicable Minor Firmware Releases if and when available during the period of such coverage. Customer acknowledges that Firmware Maintenance Releases made available under these Terms are authorized to be installed and used only on Extended Warranty Units. Installation or use of any Firmware Maintenance Release on any unauthorized product will be a material breach by Customer and Impinj may immediately terminate Enhanced Warranty for Extended Warranty Units.

(d) Firmware Maintenance Release Licenses. Firmware Maintenance Releases will be deemed included as part of the applicable Firmware and all access and use of Firmware Maintenance Releases will be subject to the same license terms as for such Firmware, unless a separate end-user license agreement (“EULA”) is provided by Impinj with any such Firmware Maintenance Release. In such a case, the license terms for the Firmware Maintenance Release will be under the terms of the separate EULA.

4. Hardware.

(a) Contacting Impinj. If Customer believes that an Extended Warranty Unit has Defective Hardware, Customer may initiate a support request at Impinj’s support website (currently at http://support.impinj.com). Customer will provide reasonably sufficient information to enable Impinj support personnel to assess the cause of the failure.

(b) Return Material Authorization (RMA). Customer will ship, at its expense, Defective Hardware to Impinj within 30 days following Customer’s receipt of a RMA for an advanced replacement unit. Customer will make such shipment in accordance with Impinj’s instructions, including use of the RMA number assigned by Impinj.

(c) NTF’s & Non-Covered Failures. If Impinj reasonably determines that a returned Extended Warranty Unit is operating properly (a “NTF” unit), then Impinj reserves the right to charge, and Customer will pay, for the examination and testing conducted on such NTF Extended Warranty Unit. Further, if a returned Extended Warranty Unit is defective but does not have Defective Hardware (e.g., a failure due to an Exclusion), Impinj may invoice Customer, and Customer will pay, for the replacement Extended Warranty Unit at the then-current list price.

(d) Firmware Updates. Replaced Extended Warranty Units may have the latest shipping version of Firmware pre-installed. Customer acknowledges that updated Firmware may cause incompatibilities with any software application programs that operate on any Eligible Products or are hosted on hardware interfacing to any Eligible Product. Impinj will have no liability for any such incompatibilities.

(e) All Extended Warranty Units repaired or replaced under Extended Warranty will be covered for the remainder of the Extended Warranty period or 90 days, whichever is greater. Repaired or replaced Extended Warranty Units (or parts thereof) may be used or refurbished. All replaced Extended Warranty Units become the property of Impinj.

5. Services Warranty. All services provided by Impinj will be performed with reasonable skill and care and, except as specified in these Terms, all other express or implied terms, conditions or warranties including, without limitations, implied terms as to fitness for a particular purpose or satisfactory quality are excluded. Customer must notify Impinj promptly of any claimed breach of warranty within 30 days of performance and Customer’s sole and exclusive remedy for any such breach shall be, at Impinj’s sole discretion, re-performance of the relevant services or reimbursement of that portion of the fees paid in relation to such services.

6. LIABILITY LIMITS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IMPINJ BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO EXTENDED WARRANTIES OR RELATED SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), EVEN IF IMPINJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IMPINJ’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH EXTENDED WARRANTY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE EXTENDED WARRANTY WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. THE EXISTENCE OF MORE THAN ONE CLAIM AGAINST THE PARTICULAR UNITS SOLD TO OR SERVICES PERFORMED FOR CUSTOMER UNDER THESE TERMS WILL NOT ENLARGE OR EXTEND THIS LIMIT.

7. General. In the event that any of these Terms become or are declared to be illegal or otherwise unenforceable by a court of competent jurisdiction, such terms shall be null and void but all remaining terms shall remain in full force and effect. These Terms contain all the terms between Customer and Impinj regarding Extended Warranty and supersede any prior agreement, understanding or arrangement, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations whether by Impinj or by an Impinj reseller prior to Customer’s purchase of Extended Warranty except as expressly stated here. Customer shall not have any remedy in respect of any untrue statement made and upon which Customer relied in entering into these Terms (unless such untrue statement was made fraudulently) and Customer’s only remedies shall be for breach of contract as provided here.