Imaging Cartridges and other Customer Replaceable Units (CRUs) sold by Xinia

Warranty 1

Xinia is a trading division of PBT International Ltd.
PBT International (PBTI) imaging cartridges and CRUs (“the Products”) are produced to strict quality standards assuring overall performance to be approximately equal to that of the original equipment manufacturer. PBTI therefore warrants Products to be free of defects in materials and workmanship. This warranty is given for a period of 2 year from the date of shipment of Products to the purchaser of such Products (the Buyer) subject to the conditions set out below and in the General Section.

PBTI shall not be liable to the Buyer under the above warranty:

• for shortages in quantity delivered unless the buyer notifies PBTI of any claim for short delivery within 3 working days of receipt of the Products;
• for damage to or loss of the Products or any part thereof in transit unless the buyer notifies PBTI of any such claim within 3 working days of receipt of the Products and has signed the delivery note for the Products as either “not examined” or as “damaged”;
• for defects in the Products caused by fair wear and tear, abnormal conditions of storage or use or any act, neglect, or default of the buyer or of any third party;
• for other defects in the Products unless notified to PBTI within three days of delivery of the Products or, where the defect would not be apparent on reasonable inspection, within 24 months of delivery;
• unless the defective Products are returned properly packaged so as to arrive at PBTI in good condition.

Where liability is accepted by PBTI under Warranty 1, PBTI’s only obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate replace any Products found to be defective or to refund the cost of such Products found to be defective or to issue credit for the cost of such Products invoiced by PBTI to the buyer subject to the terms of this Warranty 1.

All Products returned to PBTI under this Warranty 1 procedure will be disposed of by PBTI immediately after evaluation whether or not PBTI accepts liability after assessment.

Carriage costs will be charged for products returned under this Warranty 1 but which are identified by PBTI as not originally supplied by PBTI.

In any dispute between Buyer and PBTI regarding this Warranty 1, where Buyer disputes the findings of PBTI assessors within seven days of receiving PBTI written notification of acceptance or rejection of liability for Buyer’s claim, PBTI agrees to re-assess its report on the Product(s) and to make that re-assessment available to Buyer, but final acceptance or rejection of a claim for liability shall rest solely with PBTI.

All claims under this Warranty 1 must be made on claim form RP 080 following request of an RMA claim number and RP 080 claim form from PBTI Customer Service Department.

PBTI may issue Buyer a Temporary Credit Note (TCN) for Warranty 1 claims where a properly completed RP 080 claim form has been received by PBTI but where goods claimed by Buyer to be defective have not yet been collected by PBTI, or are in transit to PBTI, or are at PBTI site awaiting assessment. When such goods are subsequently assessed by PBTI technicians, such tests will confirm whether or not PBTI will accept liability under this Warranty 1 and if, in PBTI sole opinion, returned Product(s) fall outside this Warranty 1, and therefore outside PBTI liability, then PBTI will issue a debit note to cancel TCN(s) issued for said Product(s). PBTI further reserves the right to claim the transport cost (or proportion of cost in the case of a multiple Product return) incurred in collecting such Product(s) from Buyer which resulted in issue of the TCN.

Warranty 2

1. For a period of 2 years from the date of delivery by PBTI subject to the conditions set out below and in the General section PBTI further warrants that under normal use and in properly serviced printers, facsimile machines or copiers (as applicable) and when used in conjunction with the Original Equipment Distributors’* approved and supplied products, or equivalent quality supplies products including consumables and parts, if Products result in abnormal wear or cause damage to the original owners or original leasers equipment in which the Products are properly used, PBTI shall upon proof of claim and return of replaced parts:
   • i) Replace the Products causing such wear and damage.
   • ii) Reimburse the Buyer for any and all parts and labour charges necessary to repair said equipment if PBTI Products were and are used exclusively. Damaged or worn parts and supporting repair documentation are to be retained and made available to PBTI.
   • iii) If products were used in conjunction with Original Equipment Distributors’ approved and supplied products or equivalent quality suppliers’ products, including cartridges and CRUs, reimburse the Buyer for any and all parts and labour charges necessary to repair said equipment subject to a proportionate allowance being made for the age and pre-damage condition of the parts requiring replacement.
   
   
2. If Products have been used in conjunction with inferior quality non-Original Distributor approved and supplied products, including cartridges and CRUs, this warranty will be null and void.
   
   A proper proof of claim necessary to validate this warranty shall be as follows:
   • i) Buyer will request from PBTI a Warranty Claim Form WP010 within seven days of discovery of the damage or abnormal wear.
   • ii) The PBTI Customer Warranty Claim Form WP010 is to be submitted by the Buyer to an authorised representative of the service company who will complete and sign it.
   • iii) The PBTI Customer Warranty Claim Form WP010 must be promptly forwarded directly to PBTI accompanied by damaged or worn parts, supporting repair documentation and copies of the original purchase or lease agreement. Upon receipt and approval of this information, PBTI will reimburse any reasonable direct equipment repair costs (or pro-rata part thereof) occurring from abnormal wear or damage resulting from use of PBTI imaging supplies.
   • iv) PBTI reserves the right to view printer service records before agreeing to approve a claim.
   
   PBTI’s liability to the buyer, whether for damage, abnormal wear, negligence, breach of contract, misrepresentation or otherwise under Warranty 2, shall in no circumstances exceed the invoiced cost of the repair or service directly related to the defect in the Product.
   
   * Original Equipment Distributor means the Manufacturer or Distributor of the printer, facsimile machine or copier or the company whose name is printed or embossed on it.
   

   General

   The provisions in this guarantee shall cease to have any effect if the Products are damaged, dismantled or otherwise tampered with or misused by, for or on behalf of the Buyer or any third party.
   
   Subject to the foregoing, all conditions, warranties and representations expressed or implied by statue, common law or otherwise are hereby excluded to the fullest extent permitted by English law and PBTI shall be under no liability to the Buyer for any loss, damage or injury direct or indirect resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of PBTI, its employees or agents save that PBTI shall accept liability for death or personal injury caused by the negligence of PBTI.
   
   

   PBTI Warranty Claims Process WCP5

   To be used with Standard Warranty Document and Warranty Claim Form RP080
   

   Process

   1. Customer contacts PBTI Customer Services Representative providing details of claim. For all products the PBTI part number, reason for claim and product bar code must be provided. The bar code is seven characters long beginning with letter X or Y and is normally located on the underside of the cartridge.
   2. PBTI Customer Services completes a Warranty Claim Form RP080 with the details of the claim provided by the customer. A new Return Material Authorisation (RMA) number is generated and appears on the form. A copy of the form is sent to the customer via fax or e-mail.
   3. PBTI Customer Services arranges and pays for collection of the goods and notifies the customer of collecting agent and expected date of collection. Goods are typically collected the day following issue of the RMA. If goods are not ready for collection by PBTI’s handling agent the agent will make a charge to PBTI which will be passed on to the customer. PBTI will normally then cancel the RMA and no further claim will be considered.
   4. Customer ensures goods are correctly packed for return. Individual products comprising claim must be accompanied by a test print and a description of the fault. Customer clearly marks each shipping unit with the RMA number and attaches copy of Warranty Claim Form RP080 to exterior of one unit. Where more than one shipping unit is to be collected, each unit must be numbered as per the Packing Illustration below.
   5. PBTI inspects all returned cartridges to validate claims. Unjustified claims are rejected. Please carefully read notes and terms on claim form RP080. Also see Standard Warranty X307/1.
      
      

   Packing Illustration

   WCP5 Issue 1.02, 26/03/07