Terms of Sale, Warranty, and Use

Last Updated: January 7, 2019

This document outlines the standard terms of sale, warranty, and required use for all vending machines (“Products”) and related software sold by Digital Media Vending International (DMVI). These terms apply to all sales. In the event that a separate, fully executed Sales Agreement or Services Agreement exists between DMVI and the customer, the terms of that specific signed agreement shall control and take precedence. For all other transactions, the purchase and operation of our equipment constitute full acceptance of the terms laid out on this page.

1. Payment, Refunds, and Returns

All payments shall be made in United States currency. All payments are final and will be made without right of set-off, holdback, or chargeback. All payments are final, without right of refund or return. Any refund that may be granted is done on a case-by-case basis at the sole and absolute discretion of DMVI. The customer is responsible for any return shipping costs.

2. Shipping, Delivery, and Installation

While DMVI will make reasonable efforts to ship Products within our estimated timeframes, the customer acknowledges that production and shipping times may vary. The customer is responsible for any customs delays or unforeseen costs related to shipping.

Products may require assembly by the customer or a qualified technician retained at the customer’s sole expense. DMVI is not responsible for damage to the Products caused by improper installation.

3. Limited One-Year Parts Warranty

DMVI warrants its Products against defects in materials and workmanship for a period of one (1) year from the original date of purchase.

Coverage: This warranty is a limited warranty on parts, under which DMVI will, at its sole discretion, repair or replace any defective parts.

Exclusions: This warranty expressly excludes damage or failure due to:

• Abuse, neglect, or misuse.
• Normal wear and tear.
• Operation of the Product in a manner not anticipated or outside of its specifications.
• Damage to any items placed within the Products.

Voiding Conditions: The warranty is immediately void if:

• The Product is placed outdoors or in an otherwise unsuitable environment.
• Any modifications or alterations are made to the Product by the customer or any third party.

4. Disclaimer of All Other Warranties

EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, DMVI MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. DMVI DOES NOT WARRANT THAT THE PRODUCTS WILL BE FREE FROM DEFECTS, FAULTS, OR ERRORS.

5. Required Operating Environment & Proper Use

The customer is solely responsible for providing a suitable environment for the Products.

Indoor Use Only: Products must not be placed outdoors. They must be located indoors in a climate-controlled environment.

Connectivity: The customer must provide a reliable and proper Internet connection. Connecting the Product to a public Wi-Fi network is done at the customer’s sole risk.

Power: The customer must ensure proper power is available for the Product.

6. Software License and Service Fees

Use of the machine’s software requires an active software license, which is subject to an annual licensing fee. The first-year licensing fee is included on the initial invoice. This fee is required for ongoing access to cloud services. If the annual licensing fee is late by thirty (30) days, DMVI may terminate all software services, and the Product shall no longer be operational.

7. Limitation of Liability

THE MAXIMUM LIABILITY OF DMVI TO THE CUSTOMER FOR A FAILURE OF THE PRODUCTS OR SUPPORT SERVICES FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE REIMBURSEMENT OF THE PURCHASE PRICE PAID BY THE CUSTOMER TO DMVI.

IN NO EVENT SHALL DMVI BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE PRODUCTS OR SERVICES PROVIDED.

8. Governing Law & Dispute Resolution

Any controversy or claim arising out of or relating to this agreement shall be determined by arbitration in accordance with the American Arbitration Association. The place of arbitration shall be Sonoma County, California. This Agreement shall be governed by the laws of the State of California.