Captis Series 1 Product Warranty

Version Date: 17 May 2024

1. Limited warranty

This Limited Warranty will not apply where you have agreed an express warranty with us for the supply of Products.

Subject to the terms and exclusions set out below and in addition to your rights under the Australian Consumer Law, Kallipr Pty Ltd ACN 619 635 924 (Kallipr, we, us or our) of 61 Metroplex Avenue, Murrarrie in the State of Queensland warrants that the Captis® products sold with this warranty policy will be free from defects in materials and workmanship (Limited Warranty) for the following period:

(a) Captis® Series 1 devices (including Captis® Pulse Lite EA 1.0, Captis® Pulse 1.2 and Captis® Multi 1.2);  Until the earlier of:

(i) five (5) years from the Start Date; or

(ii) 5,000 transmissions to or from the relevant device;

(b) Captis® Series 1 Recharge devices: Five (5) years from the Start Date.

(together, Warranty Period).

In this clause 1:

(a) Activation means a device has completed three or more device state changes from deep-sleep mode to active and/or has completed three or more transmissions and Activated has the same meaning; and

(b) Start Date means the earlier of 6 months from the date of purchase or the date of first Activation.

This Limited Warranty includes manufacturing defects and internal component failure including without limitation printed circuit assembly, electronic components, internal antenna and battery.

The benefits conferred by this Limited Warranty are in addition to other rights and remedies that are available to you under law, including your statutory rights, which cannot be excluded.

Unless expressly agreed in writing:

(a) Kallipr is not responsible for any third party products or services which are provided in connection with a product covered by this Limited Warranty, including without limitation in respect of any accessories or other parts which are separable from the products and are not manufactured by Kallipr (regardless of whether supplied by Kallipr); and

(b) to the extent that any third party product or service is provided with a warranty from the original equipment manufacturer or original supplier (as applicable), Kallipr will use its reasonable endeavours to pass on the benefit of such corresponding warranty, but otherwise has no obligation with respect to such warranty.

2. General conditions of use

The Limited Warranty is subject to you complying with the following conditions:

(a) all products are operated in accordance with any relevant product datasheet or other relevant product documentation (Product Documentation);

(b) the product has been purchased either directly from us or via one of our authorised resellers or distributors, as set out on our website from time to time. For the avoidance of doubt, if you have not purchased the product directly from us or from an authorised reseller or distributor, then this Limited Warranty will not be valid and enforceable against us;

(c) the product has been installed by a Captis® certified installer following the official Captis® Installation Guides. A list of our current certified installers can be made available on request. Alternatively, to register for training and certification, please contact us at https://kallipr.com/contact-us/; and

(d) you have not tampered with or modified the product in any way that is not permitted by the Product Documentation or approved by Kallipr in writing, including with respect to the installation of any externally connected accessories. To review permissible modifications or obtain such approval, please refer to https://kallipr.com/sensors-and-accessories. Please note that your authorised reseller or distributor may also obtain such approval on your behalf at the same link.

3. Specific conditions of use

In addition to the conditions set out in clause 2 and only for the specific products set out below, the Limited Warranty is also subject to you complying with the corresponding conditions:

(a) for all Captis® products, the hardware temperature of the device is maintained between -20°C and +70°C;

(b) for Captis® Recharge device, the hardware temperature of the device is maintained between -20°C and +60°C

(c) where the product is Captis® Solar and Recharge, it is charged with an average of 2-Watt hours per day, per 3-month period (this equates to approximately 4 hours of direct sunlight per day for a 2.0 Watt solar panel)

(d) where the product is Captis® Power+, the product is powered by mains or an external supply of 12-24 VDC; and

(e) where the product is a battery operated device, the following conditions apply to the battery component of such device only:

(i) sensor logging occurs at an interval of fifteen (15) minutes or longer;

(ii) the signal strength is better than -96dB for 80% or more of the transmissions (Reference Signal Received Power);

(iii) the data payload size does not exceed 50KB per transmission from device to the cloud;

(iv) the battery operated device must only be connected to external products or sensors approved by Kallipr; and

(v) where the product is Captis® Multi and Captis® Recharge, no more than 2 Digital Inputs are connected.

All Captis® products automatically log operating environment and performance data, as well as the minimum, maximum, mean values of RSRP and temperature along with the number of transmissions in non-volatile memory onboard the product. You acknowledge and agree that this may be extracted and analysed by Kallipr in the event of any claim under or in connection with this Limited Warranty.

4. Our obligations

This Limited Warranty is the only warranty given by Kallipr in respect of the Captis® products, and all implied warranties are excluded.

Subject to any conditions or exclusions set out in this Limited Warranty, where this Limited Warranty attaches to the purchase of one of our Captis® products, you hereby become entitled on purchase to, where the product:

(a) suffers a major failure, a replacement or refund of the product; or

(b) fails to be of acceptable quality and that failure does not amount to a major failure, a repair or replacement of the product at our election.

Without limiting the above, we may elect in our discretion and as an alternative to repairing or replacing a defective product or part thereof, to refund the cost of the relevant product or part thereof that has been returned to us.

Where any replacement under this clause relates to replacement of a battery, then we will offer to undertake the works required to replace the battery in the relevant product. If you decline this offer and instead elect to undertake such works yourself, then you acknowledge and agree that this Limited Warranty will not apply to the replaced battery. Without limiting the generality of this clause 4, Kallipr is only responsible for the costs of replacement or refund of the product, as the case may be, and the costs of shipping a replacement product to you (if applicable). All other costs arising from or in connection with this Limited Warranty are your responsibility.

5. Exclusions

To the extent permitted by law:

(a) our obligations under this Limited Warranty are limited to those obligations set out in clause 4;

(b) this Limited Warranty does not apply to any consumables forming part of the product or any cosmetic damage to the product, except where this has occurred due to a defect in our materials or workmanship;

(c) we do not warrant that your Captis® product will be free from defects caused by anything other than the operation of the product in accordance with clause 2 and 3 as applicable, including without limitation any fair wear and tear or anything otherwise due to normal aging, damage resulting from an impact or fall, rough handling, excessive vibration, accident, natural causes, external causes, lightning, misuse (including failure to follow instructions regarding care and maintenance of the product), neglect, abuse, improper installation or operation, vermin infestations, lack of reasonable care, unauthorised modification, disassembly in any way, alterations, loss of parts, tampering or any attempted repair by a person not authorised by Kallipr, or any other changes made independently and without our consent to the product including but not limited to the connection of any non-approved sensors and device configuration;

(d) in replacing a defective product under this Limited Warranty, we may substitute a product, part or model of equivalent nature where the exact product, part or model is unavailable for any reason;

(e) in repairing a defective product under this Limited Warranty:

(i) we may use a refurbished product or part in our discretion; and

(ii) you acknowledge and agree that this may result in a loss of data generated in connection with the product;

(f) and except as otherwise stated in this Limited Warranty, we disclaim all representations, warranties, terms or conditions, oral or written, express or implied, arising from course of dealing, course of performance, usage of trade, quality of information or otherwise including without limitation all implied warranties including those relating to merchantability, satisfactory quality, fitness for a particular purpose, non-interference, or non-infringement) given by Kallipr with respect to your Captis® product;

(g) our total liability arising under or in connection with this Limited Warranty is limited to the price paid by you for the relevant product;

(h) we are not liable for and you irrevocably release and discharge us from, any loss, liability, damages, claim or expense arising out of our conduct in connection with defect, award or judgment of or in relation to any claim, action, demand or proceeding, including without limitation any legal fees, court costs, defence costs, settlements, award or judgments, relating to or arising out of this Limited Warranty;

(i) we are not liable to you under or in connection with this Limited Warranty for any consequential, indirect, special or incidental damages of any kind whatsoever including without limitation loss of profit or revenue, loss of business or business interruption, loss of reputation or loss of opportunity.

The disclaimers, exclusions or limitations of liability under this Limited Warranty may not apply to you to the extent prohibited by any applicable laws. If you are unsure as to your full legal rights, then you are entitled to seek advice as to such rights including from a relevant consumer advisory service.

6. Making a claim

If you have any issues with a product or consider that you may have a claim under this Limited Warranty, we suggest that you contact the authorised reseller or distributor that you purchased the product from in the first instance.

In any event, to make a claim under this Limited Warranty, you must contact us by phone on (+61) 1800 646 828 or email at support@kallipr.com to make us aware of the claim. We will then require you to return the product either to:

(a) its place of purchase, with a detailed proof-of-purchase clearly showing the date and detail of the purchase; or

(b) our warehouse located at Unit 2, Building 2, 61 Metroplex Ave, Murrarie, QLD 4172 Australia, with a detailed proof-of-purchase clearing showing the date and detail of the purchase. In addition to clause 4, all costs related to the return and re-installation of the product to Kallipr will be at your cost, unless otherwise agreed by us in writing. This includes but is not limited to costs of removal, demobilisation and re-installation of the relevant product.

All returned products or any associated parts for which you receive a replacement will become our property upon providing you with the relevant replacement.

Without limiting any of your statutory rights, where we consider that your claim is not within this Limited Warranty, we will advise you of this and you may elect to proceed with any relevant repair or replacement in your discretion. If you elect to proceed, we may charge you a fee under this Limited Warranty for this and for any direct costs associated with this.

7. Mandatory notice under Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where the Australian Consumer Law applies, you are entitled to the following for major failures with the service:

(a) to cancel your service with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

You are entitled to choose a replacement or refund for a major failure with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

8. General

(a) If any provision of this Limited Warranty shall be held to be illegal or unenforceable, that term or condition shall be severed from the Limited Warranty and the legality or enforceability of the remaining terms and conditions shall not be affected.

(b) Subject to any statutory right to the contrary, this Limited Warranty is governed by and construed under the laws of Queensland, Australia and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be subject to the exclusive jurisdiction of the court of Queensland, Australia.

(c) We expressly reserve the right to make changes to this Limited Warranty from time to time with respect to future purchases. The version of this Limited Warranty applicable as at the date that the Warranty Period starts for your purchased Captis® products will apply to such Captis® products.

9. Further Information

For more information on product specifications, guidelines, product safety and installation, please visit https://kallipr.com.

For more information on troubleshooting, please contact the Kallipr Support Team on (+61) 1800 646 828.