This Agreement (“Agreement”) is between the original purchaser (“You”) and CARCAMSYSTEM.COM and applies to ICU Car Camera® branded products (“Products”) and services purchased in the U.S. by You from ICU CAR CAMERA® or any of its subsidiaries or affiliates or an ICU CAR CAMERA® authorized reseller (“Reseller”). This limited warranty is valid only in the U.S. This limited warranty extends only to You, the original purchaser, and is not transferable to anyone who subsequently purchases, leases, or otherwise obtains the Product from You. This limited warranty does not cover non-ICU CAR CAMERA® branded products (e.g., video monitors, dvr’s, wireless transmitter/receivers, etc.). The term of this Limited Warranty (the “Limited Warranty Period”) is identified in the reference table included with this Agreement (“Warranty Reference Table”) and shall apply to all ICU CAR CAMERA® Products with the exception of 3rd party products purchased from us. If You have purchased a Product that includes a rechargeable battery, ICU CAR CAMERA® warrants that the battery will be free from defects in material and workmanship for the shorter of (a) the period set forth in the Warranty Reference Table or (b) ninety (90) days from the date of purchase of the Product that uses the battery. As with all batteries, the maximum capacity of the battery included in the Product will decrease with time or use. The battery warranty does not cover changes in battery capacity. Your battery is only warranted from defects in materials or workmanship resulting in failure. Battery life is not warranted and will vary depending on Product configuration and usage including, but not limited to Product model, applications running, power management settings, and Product features. The Limited Warranty Period commences on the date of purchase by You. Your original purchase invoice (sales receipt) showing the date of purchase of the Product is your proof of the date of purchase. 1. Product Limited Warranty. ICU CAR CAMERA® warrants that its Products will be free from defects in materials and workmanship for the Limited Warranty Period. During the Limited Warranty Period, ICU CAR CAMERA® will, at its option: (i) provide replacement parts necessary to repair the Product; (ii) repair the Product or replace it with a comparable product; or (iii) refund the amount You paid for the Product, LESS DEPRECIATION, upon its return. Replacement parts and Products will be new or serviceably used, comparable in function and performance to the original part or Product and warranted for the remainder of the original warranty period or, if longer, 90 days after they are shipped to You.
1. Hardware Technical Support.
During the Limited Warranty Period, ICU CAR CAMERA® will provide Product technical support. After the expiration of the Limited Warranty Period, hardware technical support is available for FREE. Please note that when contacting ICU CAR CAMERA® via telephone, long distance and other charges may apply, depending upon your calling area. The scope of technical support consists of helping You diagnose and resolve problems with defects in Products covered by this Agreement. ICU CAR CAMERA® may provide technical support via on-line, telephone and other methods. ICU CAR CAMERA® may change the means through which it provides technical support at any time without notice to You.
2. Limitations and Exclusions.
THIS LIMITED WARRANTY DOES NOT COVER AND ICU CAR CAMERA® IS NOT RESPONSIBLE FOR: DELIVERY OR INSTALLATION, OR LABOR CHARGES FOR INSTALLATION OR SETUP OF THE PRODUCT, ADJUSTMENT OF CUSTOMER CONTROLS ON THE PRODUCT, AND INSTALLATION OR REPAIR OF ANTENNA SYSTEMS OUTSIDE OF THE PRODUCT; DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, FIRE, THEFT, DISAPPEARANCE, MISPLACEMENT, FLUCTUATIONS AND POWER SURGES, CONNECTIONS TO IMPROPER VOLTAGE OR INCORRECT ELECTRICAL LINE VOLTAGE, VIRUSES, MALWARE, RECKLESS, WILLFUL, OR INTENTIONAL CONDUCT; DAMAGES CAUSED BY SERVICING NOT AUTHORIZED BY ICU CAR CAMERA; DAMAGES CAUSED BY USAGE THAT IS NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS OR USER MANUALS, FAILURE TO FOLLOW THE PRODUCT INSTRUCTIONS OR USER MANUALS OR FAILURE TO PERFORM CLEANING OR PREVENTIVE MAINTENANCE; DAMAGE CAUSED BY A PRODUCT OR PART THAT HAS BEEN MODIFIED TO ALTER FUNCTIONALITY OR CAPABILITY WITHOUT THE WRITTEN PERMISSION OF ICU CAR CAMERA; DAMAGES CAUSED BY THE COMBINATION OF ICU CAR CAMERA® BRANDED PRODUCTS WITH OTHER NON-ICU CAR CAMERA® BRANDED PRODUCTS, ACCESSORIES, PARTS OR COMPONENTS (INCLUDING MEMORY CARDS OR MEMORY CARDS) OR USE OF PRODUCTS, EQUIPMENT, SYSTEMS, UTILITIES, SERVICES, PARTS, SUPPLIES, ACCESSORIES, APPLICATIONS, INSTALLATIONS, REPAIRS, EXTERNAL WIRING OR CONNECTORS NOT SUPPLIED OR AUTHORIZED BY ICU CAR CAMERA WHICH DAMAGE THIS PRODUCT OR RESULT IN SERVICE PROBLEMS; SIGNAL ISSUES, RECEPTION PROBLEMS AND DISTORTION RELATED TO NOISE, ECHO, INTERFERENCE OR OTHER SIGNAL TRANSMISSION AND DELIVERY PROBLEMS; RESULTS OF NORMAL USAGE, SUCH AS GRADUAL IMAGE DEGRADATION, UNEVEN SCREEN AGING, BURNED-IN IMAGES AND PIXEL FAILURE WITHIN DESIGNED
3. SPECIFICATIONS OR THAT DO NOT MATERIALLY ALTER THE PRODUCTS FUNCTIONALITY UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PRODUCT; SOFTWARE, INCLUDING THE OPERATING SYSTEM AND SOFTWARE ADDED TO YOUR PRODUCT THROUGH OUR FACTORY-INTEGRATION SYSTEM, THIRD-PARTY SOFTWARE, OR THE RELOADING OF SOFTWARE; ANY EQUIPMENT OR COMPONENTS THAT WERE NOT INCLUDED IN YOUR PRODUCT AS ORIGINALLY SOLD TO YOU; LOSS OF DATA; NORMAL WEAR AND TEAR; MINOR IMPERFECTIONS THAT MEET DESIGN SPECIFICATIONS; COSMETIC DAMAGE OR EXTERIOR FINISH THAT DOES NOT AFFECT FUNCTIONALITY INCLUDING BUT NOT LIMITED TO SCRATCHED OR CRACKED DISPLAYS; PRODUCTS WHERE THE ICU CAR CAMERA® SERIAL NUMBER IS MISSING, ALTERED OR DEFACED; EXTERNAL SPEAKERS, ETC. WIRELESS DATA SERVICES PROVIDED BY THIRD PARTY PROVIDERS; DAMAGE CAUSED AS A RESULT OF IMPROPER TRANSPORTATION OR PACKING/PACKAGING WHEN RETURNING THE PRODUCT TO ICU CAR CAMERA® OR AN ICU CAR CAMERA® AUTHORIZED SERVICE PROVIDER; A PRODUCT THAT REQUIRES MODIFICATION OR ADAPTATION TO ENABLE IT TO OPERATE IN ANY COUNTRY OTHER THAN THE COUNTRY FOR WHICH IT WAS DESIGNED, MANUFACTURED, APPROVED AND/OR AUTHORIZED, OR REPAIR OF PRODUCTS DAMAGED BY THESE MODIFICATIONS. ANY WARRANTY APPLICABLE TO SOFTWARE, INCLUDING OPERATING SYSTEMS, OR NON-ICU CAR CAMERA® BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.
Registration of your Product helps ICU CAR CAMERA® better serve You. ICU CAR CAMERA® encourages You to register your Product within thirty (30) days of the original purchase in order to receive prompt service and support coverage should You need it. To register go to https://www.carcamsystem.com and choose “Register Your System.” In accordance with applicable law, ICU CAR CAMERA® may require that You furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
5. Instructions for Obtaining Warranty Service.
For specific instructions on how to obtain warranty service for your Product, please refer to the Warranty Reference Table contained in this WARRANTY and go to https://www.carcamsystem.com. To obtain warranty service: You must assist ICU CAR CAMERA® in diagnosing issues with your Product and follow ICU CAR CAMERA’s® warranty processes. You must obtain warranty service from ICU CAR CAMERA® or an ICU CAR CAMERA® Authorized Service Center. ICU CAR CAMERA® will not reimburse You for service performed by others. If ICU CAR CAMERA® decides that You need a replacement part(s) or replacement Product, ICU CAR CAMERA® may require a credit card authorization or other security to receive replacement part(s) or Product and may require You to pay the cost of shipping the replacement part(s) or Product to You and the cost of returning the defective part or Product to ICU CAR CAMERA®. ICU CAR CAMERA® will then authorize shipment of the required part(s) or Product to You. You may be required to deliver and retrieve your Product to and from ICU CAR CAMERA® or an ICU CAR CAMERA® Authorized Service Center at your expense. When sending a Product to ICU CAR CAMERA® or the ICU CAR CAMERA® Authorized Service Center, You must deliver the Product, freight prepaid, in either its original packaging or packaging affording an equal degree of protection. You are responsible for properly packaging your Product, paying all shipping costs, insurance costs, loss or damage to the Product during shipping, and any other taxes, fees, duties or charges associated with transporting the Product to ICU CAR CAMERA® or an ICU CAR CAMERA® Authorized Service Center. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR ICU CAR CAMERA® PRODUCT DURING SHIPMENT TO ICU CAR CAMERA® OR AN ICU CAR CAMERA® AUTHORIZED SERVICE CENTER. Before providing your Product to ICU CAR CAMERA® or an ICU CAR CAMERA® Authorized Service Center for service, remove any confidential, proprietary or personal information, and removable media, from 3rd party products such as dvr’s. If ICU CAR CAMERA® asks You to return defective parts or Products, You must do so within 15 days after You receive the replacement parts or Products. If You fail to return the replacement part(s) or Product as instructed, ICU CAR CAMERA® will charge the credit card for the authorized amount. All exchanged parts and Products replaced under this Agreement will become the property of ICU CAR CAMERA®. IT IS YOUR RESPONSIBILITY TO BACK UP THE CONTENTS OF YOUR HARD DRIVE BEFORE SERVICES ARE PERFORMED AND REMOVE ANY DATA FROM PARTS OR PRODUCTS RETURNED TO ICU CAR CAMERA® OR AN ICU CAR CAMERA® AUTHORIZED SERVICE CENTER, INCLUDING ANY DATA YOU HAVE STORED ON A MEMORY CARD. It is possible that the contents of your hard drive will be lost or reformatted in the course of service and ICU CAR CAMERA® will not be responsible for any damage to or loss of any programs, data, or other information stored on any media or any part of any Product serviced. IF DURING THE REPAIR OF THE PRODUCT THE CONTENTS OF THE MEMORY CARD ARE ALTERED, DELETED, OR IN ANY WAY MODIFIED, ICU CAR CAMERA® IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA WHATSOEVER. YOUR PRODUCT WILL BE RETURNED TO YOU CONFIGURED TO THE ORIGINAL FACTORY CONFIGURATION.
6. Implied Warranties.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. Commercial Purchasers: ICU CAR CAMERA® extends the above limited warranty to purchasers of Products for industrial, commercial and business use upon the same terms and conditions and exclusions applicable to consumer purchasers. HOWEVER, WITH RESPECT TO COMMERCIAL PURCHASERS, ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXCLUDED AND DISCLAIMED.
7. Limitation of Liability.
ICU CAR CAMERA® SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. ICU CAR CAMERA’S® MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST ALLOWED BY LAW. ICU CAR CAMERA® IS NOT LIABLE TO
8. YOU FOR EVENTS BEYOND ICU CAR CAMERA’S CONTROL , SUCH AS ACTS OF GOD, VIRUSES, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to You. This Agreement gives You specific legal rights and You may have other rights which vary from state to state, jurisdiction to jurisdiction or province to province.
9. Binding Arbitration.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ICU CAR CAMERA® WILL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION TO THE FULLEST EXTENT PROVIDED BY LAW. YOU AND ICU CAR CAMERA® THEREFORE GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. To the fullest extent provided by law, and except as otherwise provided below, You and ICU CAR CAMERA agree that any Dispute between You and ICU CAR CAMERA® will be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (AAA) and conducted in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes of the Commercial Arbitration Rules and the Consumer Due Process Protocol. YOUR RIGHTS WILL THEREFORE BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. You and ICU CAR CAMERA® will agree on another arbitration forum, as well as procedures under which the arbitration will be conducted, if AAA ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and ICU CAR CAMERA®. Arbitration is a process whereby a dispute is submitted to an arbitrator, for a final and binding determination, known as the award. The arbitrator is an individual, similar to a judge, who reviews and weighs evidence provided by both parties, and renders an award enforceable in court. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. YOU ACKNOWLEDGE THAT, BY WAY OF THIS AGREEMENT, YOU AND ICU CAR CAMERA® WAIVE ALL RIGHTS TO A JURY TRIAL. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person, whichever method of presentation You choose. Under the AAA Supplementary Procedures for Consumer-Related Dispute and Consumer Due Process Protocol, You retain the right to seek relief in a small claims court for Disputes within the scope of the small claims court’s jurisdiction. The small claims action, or any portion of it, will not be consolidated with any other action and will not be conducted on a class-wide or class-action basis.
10. If You prevail in the arbitration of any Dispute with ICU CAR CAMERA, ICU CAR CAMERA® will reimburse You for any fees You paid to AAA in connection with the arbitration. ANY DECISION RENDERED IN SUCH ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT JURISDICTION. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT, IF ANY, AND SUBJECT TO THE RULES OF YOUR JURISDICTION, TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. This provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this Agreement, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from ICU CAR CAMERA®; or (iii) any other dispute arising out of or relating to the relationship between You and ICU CAR CAMERA®, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/ or any third party who provides products or services purchased from or distributed by ICU CAR CAMERA®. The term “You” means the original purchaser and those in privity with the original purchaser, such as family members or beneficiaries. Further information may be obtained from the AAA on line at www.adr.org, by calling 800-778-7879, or writing to American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY, 10019.
11. Out of Warranty Repairs.
Any services provided to You by ICU CAR CAMERA® that are not within the scope of the Product Limited Warranty or that are not covered by an extended service plan are governed by this Agreement and are otherwise subject to the terms of the ICU CAR CAMERA® out-of-warranty service procedures and any applicable service order. For a period of ninety (90) days after services are performed, ICU CAR CAMERA® warrants that services provided by it were performed in a professional and workmanlike manner. If your problem recurs within the 90-day service warranty period, ICU CAR CAMERA® will, at its option, (i) re-perform the services, (ii) replace the Product pursuant to the terms of this Agreement, (iii) permit You to return the Product and issue a refund pursuant to the terms of this Agreement, (iv) refund the amount You paid for the services. If You purchased an extended service plan from ICU CAR CAMERA® or from a third party, please refer to the extended service plan for its coverage, duration and terms of service.
ICU CAR CAMERA® and its subsidiaries and affiliates are intended beneficiaries of this Agreement. Any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from ICU CAR CAMERA®, other than an extended service plan, shall be governed by this Agreement. This Agreement may not be modified, altered or amended without the written agreement of ICU CAR CAMERA® which specifically states that the writing is intended to modify, alter or amend this Agreement. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by ICU CAR CAMERA®. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. [The exclusivity
13. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
https://www.carcamsystem.com. ICU CAR CAMERA® will maintain and use your customer information in accordance
15. International Support: You must comply with all applicable export laws and regulations if You export the product from the United States. ICU CAR CAMERA® does not accept for return any products purchased from a reseller. Customers outside the United States are responsible for paying all freight and brokerage charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to ICU CAR CAMERA®. All international customers are responsible for all customs duties, VAT, GST and other associated taxes and charges. Please send correspondence about this Agreement to:
ICU CAR CAMERA® Customer Service
59073 Wilcox Lane
Yucca Valley, CA 92284
Current information on technical support and warranty policies, phone numbers and other service information is available on our web sites listed on the Warranty Reference Table.