CHECK OUT OUR WARRANTY AND COMPARE. If you're a Game Owner/Operator and feel you have a situation covered under these terms, make a claim through your distributor.
Distributors are REQUIRED to provide the following information to process a claim: Game Name, Serial Number, Explanation of the Symptoms and the Part Number of the affected part.
The more information you can offer your distributor, the quicker we can help solve your problem.
On October 1, 2001 Happ Controls has acquired assets of Midway Amusement Games' coin-operated videogame parts and service business, and assumed its warranty repair operations and all warranty obligations. (Click here to view press release)
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LIMITED PRODUCT WARRANTY
This Limited
Product Warranty applies to coin-operated video game products manufactured
and distributed by Happ under the Midway or Atari brand names (collectively
referred to as "Midway Products").
Happ warrants
to the initial authorized distributor purchasing the product (the "Distributor")
that the following parts and components shall be free from defects in
materials and workmanship for the period specified below:
Original printed circuit boards and electronic components for a period of ninety (90) days;
Hard drives, monitors and chassis for a period of one (1) year;
TouchMaster CPUs, electronic coin acceptors and DBV's for a period of one (1) year;
TouchMaster Touch screens for a period of three (3) years
The foregoing components and parts are collectively referred to as "Warranted Parts." The periods set forth above are referred to as the "Warranty Period" for the applicable Warranted Parts.
The Warranty Period for all Warranted Parts begins on the date of shipment to the Distributor from Happ; provided, however, that if the product is stored unused by Distributor, prior to shipment to an operating customer, the Warranty Period shall begin on the earlier of:
(a) sale by the Distributor to an operating customer or (b) three months from the date of shipment to the Distributor. Proof of sale to an operating customer will be required to honor any extension of the Warranty Period.
Additionally, the Warranty Period with respect to all products shipped to Distributors outside of the United States shall be extended by thirty (30) days.
If the Warranted
Parts fail to conform to this warranty during the applicable Warranty
Period, Happ's sole liability shall be, at its option, to repair
or replace the Warranted Parts that are returned to Happ at the
purchaser's expense, and in accordance with the conditions of return
set forth herein, during the Warranty Period.
DISTRIBUTOR RELATIONSHIP WITH OPERATING CUSTOMER
This Limited
Product Warranty extends only to the original Distributor purchasing
the products. This Limited Product Warranty shall not extend and
may not be transferred to any third party purchasing the products
from such Distributor. To the extent that any warranty claim arises
with respect to a product, such claims must be referred directly
to the Distributor. The Distributor is the only entity that has
any rights under this Limited Product Warranty and is the only entity
that may submit claims or return parts for warranty service. Happ
shall only respond to warranty correspondence and requests from
the Distributor.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED IN THIS LIMITED PRODUCT WARRANTY, HAPP EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT.
In the event of a breach under this warranty, Happ's sole liability and Distributor's exclusive remedy shall be the repair or replacement of the Warranted Parts as set forth in the Limited Product Warranty.
IN NO EVENT WILL
HAPP AND ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS AND EMPLOYEES,
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
OR EXEMPLARY DAMAGES OR FOR ANY THIRD PARTY CLAIMS ARISING OUT OF
THE USE OF OR THE INABILITY TO USE THE PRODUCTS, WHETHER DUE TO
NEGLIGENCE OR OTHERWISE AND EVEN IF AN AUTHORIZED HAPP CONTROLS
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding
any other provision of this Limited Product Warranty, Happ and its
affiliates' cumulative liability for any claim whatsoever related
to any product shall in no event exceed the total of all amounts
paid to Happ with respect to such product.
GENERAL
The terms and
conditions of this Limited Product Warranty may not be changed or
amended except by a written instrument executed by a duly authorized
officer of Happ. No terms or conditions set forth in any invoice
or purchase order by Distributor or any third party shall be of
force or effect whatsoever. If any provision of this Limited Product
Warranty is held by a court of competent jurisdiction to be invalid
or unenforceable to any extent under applicable law, that provision
will be enforced to the maximum extent permissible and the remaining
provisions of this Limited Product Warranty will remain in full
force and effect. This Limited Product Warranty will be governed
by and construed in accordance with the laws of the State of Illinois.
WARRANTY POLICY
Products
are complicated, interactive mechanisms where all components and
sub-assemblies are designed to work in concert. Therefore, the use
of any part that is not a "Genuine" Happ part, in any
area of the product, shall void this Limited Product Warranty with
respect to any Warranted Parts within the affected product. Happ
parts are available only through Happ and subsequently, authorized
Distributors.
The Distributor shall be responsible for any labor costs incurred in the discovery process of determining that a returned part is found to be outside the warranty coverage as set forth herein.
In the event
that Happ determines that a Warranted Part has been submitted under
warranty in violation of any of the limitations set forth in this
warranty policy, Happ shall immediately notify the Distributor and
Happ shall charge for all work performed to date at its prevailing
rates. Happ will only proceed with additional repair work upon written
acceptance of charges for any work completed and additional work
anticipated, to be determined with a final billing statement.
Happ owns
all parts removed from repaired products and replaced Warranted
Parts. Happ reserves the right to use new or reconditioned parts
made by various manufacturers in performing warranty repairs.
WARRANTY OF REPAIRED OR REPLACEMENT PARTS
Once Happ returns a repaired or replacement Warranted Part to the Distributor, such Warranted Part shall remain under warranty for the original Warranty Period; provided, however, that if the remaining Warranty Period is less than thirty (30) days, the applicable Warranty Period shall be extended until thirty (30) days after the repaired or replacement Warranted Part is shipped to the Distributor.
DISTRIBUTOR RESPONSIBILITIES
The Distributor is expected to maintain an electronic repair facility with appropriate equipment, replacement parts, and personnel, to perform necessary work, at no charge during the warranty period, on products sold to customers. Distributor is expected to carry a reasonable inventory of spare parts, including printed circuit boards, to enable them to maintain operations of and repair products.
Prior to returning any Warranted Part to Happ, the Distributor must make a reasonable attempt to repair such part. This attempt must include contacting the Happ Service Department for remote assistance.
CONDITIONS OF RETURN
The following conditions must be met before Happ will accept delivery of any Warranted Parts and perform any warranty services thereon.
1) Return
Authorization Number: Happ will not accept delivery of any Warranted
Part without an accompanying Return Material Authorization (RMA)
Number. This number may be obtained by contacting Happ's Warranty
Customer Service Department and stating an appropriate reason for
the return. If a Distributor returns a product or part without the
RMA number, delivery will be refused.
2) Shipment:
Any and all products being returned to Happ for a warranty claim
must be shipped prepaid and accompanied by a RMA Number clearly
marked on the outside of the package. All returns must be properly
packed to prevent damage. Happ shall not be responsible for any
damage incurred during shipment.
RETURN PROCEDURE
1. Happ is to
be promptly notified by the Distributor within the Warranty Period,
that said Warranted Part is defective and return authorization is
granted;
2. Such Warranted Part is returned to Happ pursuant to the conditions
of return set forth herein;
3. Warranted Part is returned in specified packaging to protect the part from damage and/or static contamination during transportation, and marked with Return Material Authorization (RMA) number.
4. Happ's examination of said Warranted Part discloses to Happ's satisfaction that the alleged defect existed or occurred within the covered warranty period and was not caused by accident, misuse, abuse, improper repair, installation, improper testing; and
5. The Distributor administering warranty coverage is current on all accounts payable.
Upon receipt of the returned item, the item will be inspected. If the problem is identified by Happ as not valid as specified within this warranty statement or the reason for return is different than originally stated, warranty services or credit may be delayed or denied.
WARRANTY SUPPORT PROGRAMS
ADVANCE REPLACEMENT POLICY
Notwithstanding
any provision as set forth in this Limited Product Warranty, Happ
may, in its sole discretion, ship advance replacement components
to Distributors prior to receipt of the defective Warranted Part.
The advance replacement components may be either new or refurbished,
at Happ's option. The number of parts used in this program is limited
and will be determined by Happ.
Happ shall
bill advance replacement components to the Distributor and payment
will be due within normal terms unless the Distributor complies
with all required warranty return procedures with respect to the
Warranted Part. Specifically, payment will be due (i.e., Happ will
not issue a credit) unless: (i) the Warranted Part is returned with
a Return Material Authorization (RMA) Number within the thirty days
of the shipment of the advanced replacement component; (ii) the
defect is properly identified as indicated on the RMA; and (iii)
the defective component, and its reason for failure, is determined
by Happ to be covered by the warranty as stated herein.
Warranted Parts returned and found to be in good operating order will be returned to Happ's inventory, and a restocking fee may be charged, up to 25% of the current selling price, at Happ's discretion.
INCENTIVE BOARDS & COMPONENTS
To assist
the Distributor in shortening operator downtime, Happ may, in its
sole discretion, offer the following PC board and component parts
incentive plan. With each new game model purchased by a Distributor,
certain key, critical components may be made available to each part
stocking location at reduced prices. If Happ elects to make such
components available, Happ will publish the list of such parts.
The number of parts used in this program is limited and will be
determined by Happ, and the reduced prices will only be available
for a limited time, as specified by Happ.
OUT OF WARRANTY REPAIR
Happ may, in
its sole discretion, offer certain repair services for out-of-warranty
components based on Happ's then current rates and prices. Distributors
may contact Happ to determine the availability of such out-of-warranty
services.
In some cases, the part may be damaged beyond repair. In this event, the Distributor will be notified and can elect to have the defective part returned at their expense or disposed of. In addition, if the Distributor elects, a substitute part (new or refurbished) can be sent and charged at the current price.
PARTS ORDERING
Subject to availability, Distributor may order replacement parts at Happ Controls' then current prices. PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
Component parts ordered by Distributor shall have a warranty of ninety (90) days from the date of delivery thereof to Distributor.
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