INSTALLATION REQUIREMENTS AS THEY RELATE TO THE WARRANTIES HEREIN
A. Promethean, in its normal conduct of business, does not provide and/or procure Installation services to Customers. It does however operate a Certified Installer / Accredited Installer programme for Channel Partners and other third parties to become trained to be accredited and/or certified Installers of Promethean Products. Although Promethean provides these programmes, any installers that take advantage of this program are separate entities to Promethean and are not legally part of Promethean in any way.
B. Promethean recommends that all its Products be installed by a Certified Installer or an Accredited Installer, however, as Promethean appreciates that due to geographical limitations this may not always be possible, it may at its discretion continue to honour its warranties, (except Standard Warranty which Promethean will honour in all instances within the Standard Warranty Term), if it can be proven that the installer possessed the core competencies accessible via www.prometheanworld.com/activcare/installercompetencies .
C. It is the Customer’s responsibility to ensure that any parties completing installations on behalf of the Customer have suitable public or commercial liability insurance to cover any 3rd party claims arising as a result of a faulty installation.
D. It is the Customer’s responsibility to ensure all Products are in full working condition and without physical damage at the point of installation (for installed Products) or in the case of Products which are not intended to be installed, on receipt of the Products. Acceptance of the Products as fully functional will be deemed to have taken place at the point of installation being completed. In the case of Products which are not intended for installation, acceptance of the Products as fully functional will be deemed to have taken place within 10 days of receipt of the Products.
E. In the case of a dispute, Promethean is solely responsible for determining if a non-certified or non-accredited installer or any other third party possesses the core competencies required and will be determined by Promethean against proof provided by the installer of their competencies and how their competencies match those set-out by Promethean. Promethean’s determination shall be full and final.
F. The customer is responsible for assisting Promethean in obtaining the required proof of competency from the installer, failure of which will be viewed by Promethean as wilful obstruction in the determination of the installers’ competencies and will absolve Promethean from meeting any and all of its warranty obligations, except those required by law.
G. Promethean accepts that in certain instances such as in the cases of the installation of ActivMount systems and ActivBoards, a Certified Installer or Accredited Installer may not be utilised by a Customer, however it is the Customer’s responsibility to ensure that the installation provider possesses the required competencies as outlined at www.prometheanworld.com/activcare/installercompetencies to complete the installation free of failures and without defect so as not to cause any faults in the operation of the Product at any time.
H. Should Promethean or any of its authorised parties determine in the process of meeting any of its warranty obligations that a fault in a particular part or Product has been caused by factors or conditions at a Customer Location (such as by an incorrect installation by a Certified or Accredited Installer or any suitably qualified installer) which are outside of Promethean or the Customer’s control and separate to inherent faults in the part or Product , Promethean reserves the right not to continue to service that warranty claim and may at its sole discretion charge customer for any parts, Products, labour or other expenses incurred in servicing that or subsequent warranty claims until the factors or conditions causing the fault at the Customer Location have been rectified. Furthermore Promethean reserves the right not to service any other faults within other Products or parts at the same Customer Location if it deems these faults are caused by the same factors or conditions at the Customer Location that it has previously notified Customer as being the cause of any faults.
I. Although Promethean recommends Certified Installers and Accredited Installers and endeavours to provide them with the most up-to-date knowledge and training, Promethean cannot be held responsible for the Certified Installer or Accredited Installer’s maintenance and continuation of their training and skill levels, and cannot warrant for any third party’s capabilities and therefore cannot be held liable or be forced to service any warranty claims for any faults arising directly or indirectly in the Defective Product as a result of a sub-standard installation. The following conditions are examples of incorrect or unsuitable installations which may cause fault to the Products and which will exclude the Product from Promethean’s Warranties:
i. Unsuitable fixings used to complete affixing of Products to walls, ceilings or booms;
ii. Unsuitable surfaces to which Products are affixed;
iii. Unsuitable tools used to complete installations;
iv. Unsuitable materials have been used at any point of the installation process;
v. Incorrect calibration of the board and projector;
vi. Incorrect alignment or installation of stands, booms or mounts; and
vii. Incorrect alignment or installation of boards, frames or projectors
J. In the instances of an installation not being completed by a Certified Installer, Accredited Installer or suitably qualified installer, the Customer indemnifies Promethean from any and all third party claims where the premise of the claim is directly or indirectly attributed to a fault caused by the non-certified installation.
K. Proof of proper installation may be required by Promethean when servicing a warranty claim.