Terms & Conditions

Commercially available products sold by Per Vices are not designed, intended or approved for use in life support, implantable medical devices, transportation, nuclear, safety or other equipment where malfunction of the Product can reasonably be expected to result in personal injury, death, severe property damage or severe environmental harm. Your use or sale of Products for use in such critical applications are at your own risk and you agree to defend, indemnify and hold harmless Per Vices from any and all damages, claims, suits or expenses resulting from such use.

Contact Per Vices for more information on High Reliability and Rugged products appropriate for such use cases.

You understand and agree that you remain responsible for using your independent analysis, evaluation and judgment in designing your applications and that you have full and exclusive responsibility to assure the safety of your applications and compliance of your applications (and of all Per Vices Corporation products used in or for your applications) with all applicable regulations, laws and other applicable requirements. You represent that, with respect to your applications, you have all the necessary expertise to create and implement safeguards that (1) anticipate dangerous consequences of failures, (2) monitor failures and their consequences, and (3) lessen the likelihood of failures that might cause harm and take appropriate actions. You agree that prior to using or distributing any applications that include Per Vices products, you will thoroughly test such applications and the functionality of such Per Vices products as used in such applications.

YOU ACKNOWLEDGE THAT YOU ARE ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY AND RELIABILITY OF COMMERCIAL PRODUCTS OR SERVICES WHENEVER THE PRODUCTS OR SERVICES ARE INCORPORATED IN YOUR SYSTEM OR APPLICATION, INCLUDING THE APPROPRIATE DESIGN, PROCESS, AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION. FURTHER, YOU MUST TAKE PRUDENT STEPS TO PROTECT AGAINST PRODUCT AND SERVICE FAILURES WHEN PRODUCTS AND SERVICES ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING PROVIDING BACK-UP AND SHUT-DOWN MECHANISMS. CUSTOMER SHALL DEFEND, INDEMNIFY, RELEASE AND HOLD PER VICES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S INCORPORATION OF THE PRODUCTS OR SERVICES INTO CUSTOMER’S SYSTEM OR APPLICATION, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF PER VICES.

PER VICES EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF PRODUCTS OR SERVICES FOR HIGH-RISK USES. YOU SHALL DEFEND, INDEMNIFY, RELEASE AND HOLD NI HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, INCLUDING, LAWSUITS, ARBITRATIONS, AND/OR ADMINISTRATIVE ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF CUSTOMER’S USE OF THE PRODUCTS AND SERVICES FOR ANY HIGH-RISK USES, INCLUDING ARISING FROM CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED OR ACTUAL NEGLIGENCE OF PER VICES.

Please read our Warranties and Representations for more information.

Our intention is to provide the highest quality products; all hardware is individually tested and verified to work prior to shipping, and Per Vices warrants to you that for one (1) year from the date title to the Product passes to you, each Product sold hereunder will be free of defects in materials and workmanship that cause Hardware to fail to substantially conform to the then applicable Per Vices published specifications.

This Limited Warranty does not apply if defect or product failure is the result of: accident, abuse, misapplication, modification, or neglect; operation outside of the specifications for the hardware or exceeding voltage or power specifications; improper calibration by the customer, use of an improper hardware or software key, or unauthorized maintenance or repair; or a hazard such as lightning, flood, or other act of nature. 

If Per Vices receives notice of a defect or non-conformance during the applicable warranty period, Per Vices will, in its sole discretion: (i) repair or replace the affected Hardware or Software, (ii) re-perform the affected Services, or (iii) refund the fees paid for the affected Products or Services. Repaired or replaced Hardware or Software will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer. If Per Vices elects to repair or replace Hardware, Per Vices may use new or refurbished parts or products that are equivalent to new in performance and reliability and are at least functionally equivalent to the original part or Hardware.

You must obtain an RMA number from Per Vices before returning any Hardware under warranty to Per Vices. You will pay shipping expenses to send the affected Hardware to Per Vices, and Per Vices will pay shipping expenses to return the Hardware to You. If, however, Per Vices concludes, after examining and testing returned Hardware, that it is not covered by the Limited Warranty, Per Vices will notify you and return the Hardware at Customer’s expense. Per Vices reserves the right to charge a fee for examining and testing Hardware not covered by the Limited Warranty, or, if after examining and testing a Covered Product, Per Vices makes a determination of “No Trouble Found” (“NTF”).

Per Vices’ sole liability and responsibility under this warranty is to repair or replace any Product that is returned to it by you and that we determine is defective by reason of manufacturing or workmanship. THE REMEDIES SET FORTH IN THIS SECTION ARE EXCLUSIVE AND YOUR SOLE REMEDIES, AND SHALL APPLY EVEN IF SUCH REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.