CUBIC ITS HARDWARE WARRANTY

Cubic warrants to the Buyer that the HARDWARE deliverables hereunder will be free from defects in material and workmanship for these periods:

  • three (3) years for GRIDSMART processors and fisheye cameras;
  • ninety (90) days for GRIDSMART accessories;
  • one (1) year for all other new hardware not explicitly named above including, but not limited to, traffic signal controllers, traffic cabinets, traffic cabinet plug-ins, traffic cabinet accessories, and GRIDSMART traditional cameras.

The applicable warranty period shall begin ninety (90) days after the date of shipment.  The warranty period for any repaired hardware outside the initial warranty period is one (1) year and applies to the repaired components only. If any deliverables do not conform to the applicable warranty, and if the Buyer promptly notifies Cubic, Cubic shall determine whether or not the claimed defect exists.  if cubic determines that a defect does exist, it will, at Cubic’s option, either (i) repair the defect, (ii) replace the defective product, or (iii) credit OR REFUND the buyer a pro-rated amount of the purchase price of the product.

THIS LIMITED WARRANTY DOES NOT COVER LOSS OR DAMAGE WHICH: (i) IS DUE TO IMPROPER INSTALLATION (OTHER THAN INSTALLATION BY CUBIC), MAINTENANCE, MISUSE, NEGLECT, OR ANY CAUSE OTHER THAN THE BUYER’S, OR ITS CUSTOMER’S OR CONTRACTOR’S, USE OF THE PRODUCT IN THE APPLICATION IT WAS INTENDED; (ii) IS DUE TO ADJUSTMENT, REPAIR OR MODIFICATION BY ANY PERSON OTHER THAN AS AUTHORIZED BY CUBIC; OR, (iii) IS DUE TO STORAGE OR USE IN AN IMPROPER ENVIRONMENT, EXCESSIVE OR INADEQUATE HEATING OR AIR CONDITIONING, AND ELECTRICAL POWER FAILURES, SURGES OR OTHER IRREGULARITIES WHILE IN THE CUSTODY OR CONTROL OF BUYER OR ITS CUSTOMER OR CONTRACTORS.

CUBIC IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY HARDWARE OR COMPUTER OPERATING SYSTEMS WHICH ARE NOT COMPATIBLE WITH THE SYSTEM SPECIFICATIONS AS SET FORTH IN CUBIC’S TECHNICAL DOCUMENTATION, OR FOR PROBLEMS IN THE INTERACTION WITH NON-CUBIC SUPPLIED SOFTWARE OR EQUIPMENT, THE USE OF WHICH IS NOT APPROVED BY CUBIC. CUBIC SHALL HAVE NO LIABILITY WITH RESPECT TO DELIVERABLES THAT WERE SUBJECTED TO ABUSE, VANDALISM OR MISUSE. 

THE WARRANTY SET FORTH HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY, IN LIEU OF ALL OTHER WARRANTIES, AND NO OTHER WARRANTIES OF ANY KIND SHALL APPLY, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM THIRD PARTY INFRINGEMENT CLAIMS. 

No Warranty items will be accepted without Buyer obtaining a Return Material Authorization (RMA) Number in advance from Cubic. Freight charges will be the responsibility of the Buyer. Before returning any product for any reason, Buyer must: (i) log a support ticket using Cubic’s online support portal, http://cubicits.freshdesk.com; or (ii) call Customer Care at 1-866-652-5347 to speak to a Customer Service Representative.
 

CUBIC ITS SOFTWARE WARRANTY

Cubic warrants to the Buyer that the Software shall substantially perform as described in the Cubic documentation, as it exists on the date of delivery for A PERIOD OF one year from the date of delivery WITH RESPECT TO TRAFFICWARE SOFTWARE AND FOR THE LIFE OF THE SYSTEM WITH RESPECT TO GRIDSMART SOFTWARE.  Buyer may optionally purchase additional years of warranty from Cubic FOR THE TRAFFICWARE SOFTWARE, up to five (5) years total.  

Cubic’s sole obligation WITH RESPECT TO THIS SOFTWARE WARRANTY shall be limited to using reasonable efforts to correct CUBIC CONFIRMED defect(s) and to EITHER (I) supply a corrected version WITHIN CUBIC’S NORMAL DEVELOPMENT process and software release cycle, OR (II) IF A CORRECTED VERSION CANNOT BE COMMERCIALLY REASONABLY DEVELOPED credit OR REFUND the buyer a pro-rated amount of the purchase price of the SOFTWARE.

THE LIMITED WARRANTIES CONTAINED HEREIN DO NOT INCLUDE LOSS OR DAMAGE WHICH: (i) IS DUE TO IMPROPER INSTALLATION (INSTALLATION BY ANYONE OTHER THAN CUBIC OR AS APPROVED BY CUBIC); (ii) IS DUE TO MISUSE, NEGLECT, FAILURE TO PERFORM PROPER AND REQUIRED MAINTENANCE, OR ANY USE OTHER THAN IN A TRANSIT APPLICATION BY LICENSEE OR ITS CUSTOMER OR CONTRACTORS; OR (iii) IS DUE TO ADJUSTMENT, REPAIR OR MODIFICATION BY ANY PERSON OTHER THAN CUBIC OR AS AUTHORIZED BY CUBIC.

CUBIC DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN ALL COMBINATIONS OR SEQUENCE; THAT ALL SOFTWARE ERRORS OR DEFECTS FOR WHICH THERE IS A REASONABLE WORK-AROUND WILL BE CORRECTED; OR THAT THE SOFTWARE IS FREE FROM VIRUS AND ALL LATENT DEFECTS. CUBIC IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY COMPUTER HARDWARE OR OTHER COMPUTER OPERATING SYSTEMS WHICH ARE NOT COMPATIBLE WITH THE SYSTEM SPECIFICATIONS REQUIRED TO RUN THE SOFTWARE AS SET FORTH IN CUBIC’S TECHNICAL DOCUMENTATION, OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE WITH NON-CUBIC SUPPLIED SOFTWARE OR EQUIPMENT, THE USE OF WHICH IS NOT APPROVED BY CUBIC.

EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, CUBIC GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM THIRD PARTY INFRINGEMENT CLAIMS.

FOR ANY SOFTWARE WARRANTY CLAIMS, Buyer must: (i) log a support ticket using Cubic’s online support portal, http://cubicits.freshdesk.com;  or (ii) call Customer Care at 1-866-652-5347 to speak to a Customer Service Representative.