Last Updated: January 7, 2019
This document outlines the standard terms of sale, warranty, and required use for all vending machines and related software sold by Digital Media Vending International (DMVI). These terms apply to all sales unless a separate fully executed sales or services agreement controls instead.
For transactions without a separate signed agreement, purchase and operation of DMVI equipment constitutes acceptance of the terms set out on this page.
1. Payment, Refunds, and Returns
All payments must be made in United States currency. Payments are final and, according to the stated terms, are made without right of set-off, holdback, or chargeback.
The page states that payments are final, without right of refund or return. Any refund that may be granted is described as case-by-case and entirely at DMVI’s sole discretion. Customers are responsible for return shipping costs.
2. Shipping, Delivery, and Installation
DMVI states that it will make reasonable efforts to ship products within estimated timeframes, but production and shipping times may vary. Customers are responsible for customs delays and unforeseen shipping-related costs.
Products may require assembly by the customer or by a qualified technician retained at the customer’s expense. DMVI disclaims responsibility for damage caused by improper installation.
3. Limited One-Year Parts Warranty
DMVI states that it warrants products against defects in materials and workmanship for one year from the original purchase date.
The warranty is framed as a limited parts warranty under which DMVI may, at its sole discretion, repair or replace defective parts.
- Exclusions include abuse, neglect, misuse, normal wear and tear, operation outside intended specifications, and damage to items placed within the products.
- The warranty is stated to be void immediately if the product is placed outdoors or in another unsuitable environment.
- The warranty is also stated to be void if modifications or alterations are made by the customer or any third party.
4. Disclaimer of All Other Warranties
Except for the limited warranty described above, DMVI disclaims all other warranties, whether express or implied, including implied warranties of merchantability, noninfringement, or fitness for a particular purpose.
The terms also state that DMVI does not warrant that products will be free from defects, faults, or errors.
5. Required Operating Environment & Proper Use
The customer is stated to be solely responsible for providing a suitable operating environment for the products.
- Indoor use only: products must not be placed outdoors and must be located in an indoor, climate-controlled environment.
- Connectivity: the customer must provide a reliable and proper internet connection, and connection to public Wi-Fi is stated to be 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 a machine’s software requires an active software licence that is subject to an annual licensing fee. The first-year licensing fee is stated to be included on the initial invoice.
The page states that the fee is required for ongoing access to cloud services and that if the annual licensing fee is more than thirty days late, DMVI may terminate software services, after which the product will no longer be operational.
7. Limitation of Liability
The maximum liability of DMVI for failure of the products or support services is stated to be limited to reimbursement of the purchase price paid by the customer to DMVI.
The terms further state that DMVI will not be liable for lost profits, business interruption, or 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 the agreement is stated to be determined by arbitration in accordance with the rules of the American Arbitration Association.
The place of arbitration is stated to be Sonoma County, California, and the agreement is governed by the laws of the State of California.