GENERAL TERMS AND CONDITIONS
In case of any inconsistencies or discrepancies, the Dutch language version of the General Terms and Conditions prevails over the English language version.
1. GENERAL
These Terms and Conditions apply to the products and services supplied by Eywa bv, with seat at Nieuwpoortlaan 25 bus 2, 3600 Genk, and registered in the Kruispuntbank van Ondernemingen with number 0670.612.171, acting under the commercial name Calculus (hereinafter "Calculus”) to the client (hereinafter the “Client” and together with Calculus the “ Parties”). The Terms and Conditions, including annexes, together with the offer and/or purchase order constitute the agreement between Calculus and the Client (hereinafter the “Agreement”). By ordering, the Client accepts the application of these Terms and Conditions. The Terms and Conditions also bind the Client in subsequent Agreements.
These Terms and Conditions apply to all obligations or commitments between the Client and Calculus. Taking into account the aforementioned Terms and Conditions, unless Calculus gives its express and written assent, any other conditions that the Client intends to impose or incorporate are expressly excluded.
Calculus reserves the right, in its sole discretion, to from time to time amend, supplement or modify these Terms and Conditions, including annexes. Calculus will notify the Client of substantial changes (i.e., changes that significantly affect the core functionality of the Software or Agreement) via email. These changes will take effect fifteen (15) calendar days after written notification from Calculus to the Client. If the Client has not notified Calculus of its rejection of the changes within the aforementioned period of fifteen (15) calendar days, the Client irrevocably and unconditionally accepts such changes and the Client shall no longer have the right to terminate this Agreement (insofar as a current Agreement is concerned).
In the event of a contradiction between these Terms and Conditions and the special provisions mentioned in the offer, the special provisions shall take precedence. If there is a contradiction between the Terms and Conditions and any special provisions agreed upon with the Client in writing, the latter shall take precedence.
2. OFFERS: BINDING POWER
Offers, catalogs, leaflets, publications in newspapers or magazines, statements on the website, are made for the purposes of giving information and only bind Calculus after acceptance of the offer or purchase order by both Parties. The Client guarantees the accuracy and completeness of the data provided, by them or on their behalf, to Calculus on which the latter(Calculus) bases its offer. Calculus expressly reserves the right to revise prices in offers in the light of evolving material, transport and development costs. The price agreed for a particular order does not bind Calculus for subsequent orders by the Client.
3. COOPERATION OF THE CLIENT
The Parties recognize that the success of work in the field of information and communication technology generally depends on correct and timely mutual cooperation. To facilitate the proper execution of the Agreement by Calculus, the Client shall consistently provide Calculus with all useful, necessary, and requested data or information in a timely manner and extend all necessary cooperation. The Client shall also take all necessary measures to prevent the execution of the Agreement from causing damage to either the Client or third parties. Calculus cannot be in default of the fulfillment of its own obligations under an Agreement if the Client fails to fulfill these aforementioned obligations and Calculus will not be held liable for damages that could have been avoided.
4. AGREEMENT
The Agreement between Calculus and the Client is established once the Client has signed off on and delivered a copy of the unmodified offer or purchase order, to Calculus within the period that the offer or purchase order is valid.
Any change proposed or requested by the Client to an offer or order form issued by Calculus shall be regarded as a rejection of the offer or order form and will be considered as a new “offer to Agreement” issued by the Client. Such “offers to Agreement” shall only lead to a contractually binding agreement for Calculus if it has expressly accepted them.
If Calculus has begun to perform the services requested by the Client, without this performance being protested by the Client or without any reservation in this respect being formulated by the Client, the Agreement shall be deemed to have been tacitly established.
5. ANNULMENT
Upon each annulment of the order, the Client shall by law and without notice of default owe Calculus liquidated damages in the amount of fifty percent (50%) of the value of the annulled order, these liquidated damages will be charged in addition to the amount owed for the products already in production at the time of the annulment.
6. PRODUCTS AND SERVICES
Calculus offers software, connectivity and hardware measurement solutions for asset monitoring and smart buildings ("Software," "Connectivity" and "Hardware" respectively). Calculus' Software, Hardware and Connectivity are collectively referred to as "Products."
Calculus reserves the right to make technical changes/improvements to the Products at any time. In the case of Hardware already installed, such changes can only be made with the Client’s consent. The Client cannot derive any rights from having the aforementioned technical changes/improvements made to already existing Products.
The services provided by Calculus may include implementation, installation, service, support and/or maintenance services with respect to the Products as indicated in the offer or order form. All additional services, including but not limited to training, site visits, technician interventions, maintenance services, and repair services, are provided and directed by Calculus according to its applicable hourly rates as described in Annex 1 ('Ancillary Services'). These services will be provided only after express approval by the Client. The fee for these Additional Services is not included in the recurring charges.
Calculus will make support services available to assist the Client in troubleshooting and to answer specific questions related to the Products. This assistance will be provided according to the terms and conditions and via the channels described in Annex 1.
7. PERFORMANCE OBLIGATION
Any agreement made by Calculus with respect to the Client is a performance obligation to perform the services associated with the sold Product to the best of its ability in accordance with the Agreement.
Delivery dates are informative, Calculus is not bound by them. The delay in delivery shall not warrant compensation, price reduction, or dissolution of the Agreement on the part of, or at the expense of, Calculus.
8. INTELLECTUAL PROPERTY RIGHTS AND CLIENT DATA
Calculus, or its licensers, retain(s) all intellectual property rights with respect to the Products and any components it provides. Unless stated otherwise, Calculus grants the Client a limited, non-exclusive, non-sublicensable, non-possessory and non-transferable right of use with respect to the Software, Connectivity and/or the results of the services performed by it from the time of payment in full of all invoices, as well as all other owed amounts on which the Client has defaulted. The Client shall only use the Software, Connectivity and/or results of the services in the manner Calculus prescribes.
The Client is not allowed to remove or change any indication concerning the confidential nature or concerning copyrights, brands, trade names or other rights of intellectual or industrial property from the Products. The Client is prohibited from copying, reproducing, reselling or in any way commercializing the Product.
For the term of the Agreement the Client grants to Calculus, a non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, store, transmit and display the data, information or material that it or its users provides via the Software or otherwise ("Client Data"). The client provides said license to the extent necessary for Calculus to perform its obligations under this Agreement, in particular to provide and maintain the Software, Connectivity and services, and for no other purpose. Calculus may copy, export and back up the Client Data to the extent necessary to perform its obligations under this Agreement. For the term of the Agreement the Client also grants to Calculus, a non-exclusive, royalty-free, transferable, sub-licensable license to compile and use the former’s Data solely for the purpose of researching, developing, improving or supporting the Software and generalized tools that the latter provides. This license applies as long as such data is used in an anonymous or aggregate form where no such information can directly identify, or will feasibly be used to identify, the Client, end users or other parties included therein. Under no circumstances will Calculus sell or transfer Client Data to third parties for marketing or advertising purposes.
The Client or its licensers, are the sole and exclusive owners of all (rights with respect to the) Client Data, including (i) all modifications to the Client Data or (ii) all materials resulting from the processing of the Client Data, excluding all general tools, programs, algorithms and benchmarks built or developed by Calculus based on data collected from the Client (regardless of whether or not such data is confidential information that belongs to the Client), which are the sole and exclusive property of Calculus.
Calculus shall be free (but in no way obligated), without payment of royalties or other compensation to the Client, to use and incorporate into the Software, Connectivity or Hardware any ideas, suggestions or recommendations provided by the latter or its end users ("Feedback"). The aforementioned, concerning the Feedback, shall not be construed as conferring any right or license to Calculus in regards to the Client's patents, copyrights or trademark rights or other intellectual property rights.
9. DELIVERY OF HARDWARE, RISK OF LOSS AND RETENTION OF TITLE
The Hardware is delivered to the location designated by the Client and will be installed by (i) Calculus according to the Client's instructions, or (ii) the Client itself, including subcontractors of the Client. Delivery times are communicated to the Client for information purposes only and Calculus reserves the right to make partial deliveries, which in that case will be invoiced separately.
Calculus may (i) deliver the Products to the Client's premises or (ii) ship them by mail to the Client. Unless otherwise agreed in writing, the ordered Products are delivered according to incoterms 2020 Ex Works (EXW). The risk of loss and damage passes from Calculus to the Client upon delivery of the Products by Calculus to the common carrier or post office, depending on the method of delivery.
Ownership of the Hardware delivered shall pass to the Client only after full payment by the Client of the price stipulated in the Agreement. Calculus reserves the right to recover the Hardware from the Client at the Client's expense, as well as to demand the dissolution of the Agreement to the detriment of the Client in the event of non-payment.
10. WARRANTY
Calculus provides, to the Client, a warranty on the Hardware supplied and installed by it in accordance with Annex 2.
In particular, Calculus does not warrant that the Software or Connectivity will be error-free or that the use and/or operation of the Software or Connectivity will be secure or uninterrupted, that Calculus will discover any or all defects in the Client's systems, or that any or all problems relating to the Software or Connectivity can be resolved, and therefore disclaims all liability thereof. The Software and Connectivity is provided by Calculus under these Terms and Conditions on an "as-is" basis.
11. PRICE AND PAYMENT
Unless otherwise stated in the offer or order form, Calculus' prices are presented in euros and are VAT exclusive.
The periodic fees agreed between the parties for the Software shall be revised annually on the anniversary of the effective date and in accordance with Agoria's "reference fee national average" index (available at www.agoria.be). If this index is no longer published, the index replacing it or another index reflecting the increase in labor costs will apply. Indexing is done according to the following formula: P = Po x (0.20 + 0.80 x (S/So) ) ) Where: P = revised (annual) Fees (excluding VAT);
Po = fees as agreed upon in the offer;
S = reference fees according to the Agoria index applicable on January 1 preceding the anniversary of the Effective Date;
So = reference fee according to the Agoria index applicable on the Effective Date.
Parties. Indexation can therefore never result in lower prices than the fees agreed upon in the offer or order form.
Calculus's invoices to the Client are payable no later than thirty (30) calendar days from the invoice date, unless otherwise agreed upon in writing.
The invoices cannot be the subject of set-off against other agreements between Calculus and the Client.
In the event of full or partial non - payment of the invoice on the due date, the Client shall be liable, as of this date, by operation of law and without prior notice of default, to pay default interest on the unpaid invoice amount at the legal rate in accordance with the Law of 02/08/2002 on combating late payment in commercial transactions.
The sums due shall also be increased by liquidated damages of 15% of the invoice amount with a minimum of EUR 150.00, and this without affecting Calculus' right to claim the additional damages.
Moreover, in the event of default of payment of an invoice, all other invoices shall become immediately due and payable, and Calculus shall be entitled to suspend its obligation, including that of possible provision of services and subscriptions to the Client, until full payment of the due invoices (principal, interest and damage clause). All costs resulting from enforcing payment through judicial means, including attorney's fees, shall be borne by the Client.
In the event that the Client disputes an invoice, the Client shall give notice of such a dispute via registered letter to the registered office of Calculus within eight (8) days after receipt of the invoice. The dispute must be substantiated so that Calculus can deduce the reason of the dispute. Any dispute that is not submitted on time, is not sent via registered letter or is not substantiated will be deemed non-existent. Complaints do not give the Client the right to refuse or postpone payment.
12. COMPLAINTS
Any complaint relating to the Agreement and its implementation, with respect to the Product itself or the services provided, must under penalty of inadmissibility reach Calculus in writing within eight (8) days of receipt of the invoice, the Products or services provided. Under penalty of inadmissibility, the Client shall promptly describe the nature of the deficiency and the grounds for the complaint. In the absence of these notifications, the Agreement shall be deemed to have been executed in accordance with its provisions and with the provisions of the order.
All complaints relating to hidden deficiencies of the Hardware shall, under penalty of inadmissibility, be reported to Calculus via registered letter within seven (7) days after the hidden deficiencies came to the notice of the Client or could reasonably have come to the knowledge of the Client. The nature of the deficiency and the substantiation of the complaint shall be comprehensively described by the Client.
13. LIABILITY
By purchasing the Hardware, the Client indicates that the Client is able to determine for itself that the capabilities of the purchased Hardware are appropriate for the application for which the Hardware is purchased and that the Hardware can adequately perform the intended function within its intended application. In addition to the manufacturer's warranty, Calculus shall not be responsible for any damages, nor consequential damages resulting from the delivery (or otherwise) or performance of the Hardware.
The Client bears full responsibility for the selection of the Products as well as for mistakes and/or omissions in the ordering of the Products.
In particular, Calculus can in no circumstance be held liable for network/equipment failures affecting the Products caused by third parties, such as a telecom provider, or unforeseeable circumstances.
Other than its willful or gross negligence, Calculus shall not be liable for any error or negligence in the fulfillment of the Agreements with the Client. Calculus bears no liability for any indirect or immaterial damage of the Client such as, but not limited to, a loss, loss of profits, loss of Clients or Agreements, loss or damage of data or recordings, direct or indirect damages that would result from the use of its Products or the application of its services. Calculus shall not be held liable for the disappearance or unreadability of the Client's data, nor for the reconstitution thereof.
In any event, any potential liability shall never be able to exceed the amount in the principal sum paid during the last twelve (12) months preceding the incident giving rise to the damage under the Agreement.
The Client shall be solely liable for damages that would result from (i) the Client performing the installation of the Products by himself / herself / themselves or (ii) the Client sending Products to Calculus that do not fall under the manufacturer's warranty or (iii) communicating the erroneous information to Calculus. In order to assess these damages, Calculus will charge, among other things, the costs necessary to determine this damaging event. For this purpose, Calculus shall base itself on the man-hours and associated rates for Additional Services, as stated in Annex 1, without, however, waiving its right to claim additional damages.
14. FORCE MAJEURE (UNFORESEEN CIRCUMSTANCES)
Calculus shall not be liable if it is prevented by force majeure from performing its obligations. There is a force majeure situation if Calculus finds itself in a temporary or definitive impossibility of fulfilling the obligations entered into under the Agreement due to an external cause that cannot be attributed to Calculus and which was not foreseeable at the time of entering into the Agreement. Calculus reserves the right to suspend and/or extend the period of performance of the Agreement for as long as the force majeure situation continues, without being liable for any compensation. Examples of force majeure (non-exhaustive), insofar as they fall under the above definition, are strikes, fires, wars, military operations, governmental actions or omissions, natural disasters, national and local emergencies, social conflicts, interruptions of the electricity network, interruptions of the telecommunications network,….
If Calculus invokes force majeure, Calculus shall inform the Client of the force majeure situation as soon as possible, indicating whether it is a temporary or permanent force majeure. In the case of a temporary force majeure, Calculus shall be entitled to suspend and/or extend the term of performance of the Agreement for as long as the force majeure situation lasts. Calculus will inform its Client as soon as possible (i) if the force majeure situation came to an end and the commitments under the Agreement can be resumed, or (ii) if the temporary force majeure became definitive, whereupon it will terminate the Agreement. Both in case of temporary force majeure during the suspended period, and in case of termination because of definitive force majeure, Calculus shall owe the other party some compensation. However, costs already incurred by Calculus and services rendered by Calculus must be compensated, even in force majeure situations.
15. CONFIDENTIALITY AND DATA EXPORT
The Client must maintain the confidentiality of the Products and services provided by Calculus and may not disclose them to third parties, even after the termination of the Agreement.
Calculus has the right, upon termination of the Agreement, to delete the Client Data stored in the Software. The Client desiring an export of its Client Data Calculus shall request this in writing from Calculus within ten (10) days after the termination of the Agreement. The Client may only obtain Client Data from a maximum of one (1) year prior to the receipt by Calculus of that written request, the Client Data prior to that will be automatically deleted by Calculus.
16. TRANSFER
Calculus has the right to transfer all or part of its rights and obligations under the Agreement with the Client without the prior consent of the Client.
When the Client sells its assets it shall (i) require the acquiring party to adhere to the ongoing Agreement with Calculus and it shall (ii) remain jointly and severally liable to Calculus for performance of the obligations under this Agreement.
17. TERMINATION OF THE AGREEMENT
Unless otherwise stipulated, the Agreement is entered into for an indefinite duration. The Agreement, should it have an expiration date, shall, upon passing its expiration date, automatically result in the establishment of a new Agreement with the same terms but of an indefinite duration, unless the Client cancels in writing by registered letter no later than six (6) months prior to the expiration of said original duration.
Specific data license agreements have the duration as designated in the product code. For example, data license agreements with product code DL36M have a default duration of thirty-six (36) months. This data license agreement is automatically extended by twelve (12) months upon expiration. This data license agreement is terminable after the default duration by registered letter no later than six (6) months before the expiration of the agreement.
Any change in the Client's situation such as, inter alia, Law for the continuity of enterprises(WCO), bankruptcy, debt mediation, dissolution, merger, demerger, et cetera. shall give Calculus the right to suspend the performance of the Agreement without liability to pay any compensation whatsoever. Calculus shall in such a case have the right either to terminate the Agreement or to inform the Client that the Agreement may continue to be performed under modified conditions. Calculus shall be entitled to request the termination of the Agreement should the Client not accept the new Terms and Conditions. In such a case Calculus shall not be held liable for any compensation and the Client shall be required to pay all monies due immediately.
Calculus may also dissolve the Agreement with the Client out of court should the Client fail to remedy its shortcoming(s) after fourteen (14) days of having been given notice via registered letter, by Calculus, of its failure to fulfill its obligations in accordance with the Agreement. In this case, the Client shall continue to owe any monthly fees until the Agreement expires. The minimum duration until expiry of the Agreement is one (1) year.
Upon termination of the Agreement, the Client shall remunerate Calculus for all Products delivered and all services rendered, as well as the costs incurred by Calculus as a result of this termination, plus liquidated damages of 30% of the amount that Calculus could still have invoiced the Client should the Agreement have been fully brought to fruition. Any advance payment made shall in any case remain in the possession of Calculus. Moreover, Calculus retains the right to claim higher compensation if it proves that its actual losses incurred are greater than the aforementioned liquidated damages.
18. OTHER PROVISIONS
The nullity of one or more provisions of these Terms and Conditions shall not entail the nullity of the remaining provisions of the Terms and Conditions. In that case, Calculus and the Client will replace the void provision with another provision that approximates the purpose and purport of the void provision as closely as possible.
Any notice or communication as stipulated in these Terms and Conditions may be validly given in writing (e.g., by regular mail, registered mail, by fax, by carrier), or electronically via e-mail.
The Client commits to always notify Calculus immediately of any change of name, legal form, postal address, electronic address and the like. Until such a notification has been made, Calculus may ,in regards to the client, validly continue sending correspondence to the address and e-mail address of which it is currently aware.
This Agreement and any disputes arising therefrom shall be governed by Belgian law, with the Vienna Sales Convention being the sole exception.
All disputes relating to this Agreement are exclusively under the jurisdiction of the Courts of Antwerp, Division Tongeren.
19. PRIVACY
Calculus expressly commits itself to treating the following in accordance with the General Data Protection
Regulation:
- Personal data it receives, from the Client, within the scope of its activit.
- The execution of the Agreement entered into with the Client.
More information regarding this subject can be found in our privacy policy.
20. CONTACT INFORMATION
Calculus (Eywa bv)
Nieuwpoortlaan 25 bus 2
3600 Genk
Belgium
ANNEX 1: ANCILLARY SERVICES & SUPPORT
RATES ANCILLARY SERVICES
| Standard hourly rate service, installation (during business hours)* | € 85,00 |
| Standard hourly rate engineering, custom work***, configuration, calibration* | € 115,00 |
| Cost per kilometer traveled | 0,65ct/km |
| Office hours | 9am – 5pm (Mon-Fri) |
| Service desk | https://www.calculus.group/helpdesk |
Support request:
− Online ticket system: https://my.calculus.group/helpdesk/
- E-mail: help@calculus.group
- Telephone:: +32 89 69 69 89
Document library http://docs.calculus.group/
Service team qualifications:
- Connectivity
- IIoT hardware (configuration, calibration, assembly)
- Communication protocols & API
- Data analysis, data management & data security
- Cloud servers & IT Security
- Technical competence installations
Number of persons in service team: 10
Problem Classification
| Severity/Urgency 1 | Critical | The problem has a major business impact, such as complete disuse of a Product. |
| Severity/Urgency 2 | Average | The problem has a medium business impact, such as reduced usability of a Product. |
| Severity/Urgency 3 | Minimal | The problem has little to no business impact, such as questions about how a Product works. |
Response expectations table
| Severity or urgency rating | Classification | Response time |
| 1 | Critical | 6 working hours |
| 2 | Average | 12 working hours |
| 3 | Minimal | 48 working hours |
Active working hours for support services are : Monday to Friday: 9 am - 5 pm. There are no active working hours during weekends or Belgian legal holidays and pre-announced holidays.
Response times indicate the time within which Calculus will make efforts to address or resolve the Client's problem. Calculus will exert all commercial efforts within reason to meet these response times. This however in no way guarantees that these response times will always be met, given that Calculus has no control over the many variable factors that may apply to the Client's problem.
To achieve the above response expectation times, the Client must send the support request through the specified channels as well as provide Calculus with all necessary relevant information in regards to the problem. The Client acknowledges that its cooperation is essential to solve problems. Calculus, in its sole discretion, decides what severity or urgency level to assign to a problem that comes in.
Remote support via TeamViewer is possible
Hardware guarantees: standard 12 months, warranties apply as long as Hardware is used according to:
- The specifications in the technical prescription
- The project description.
Procedure for hardware replacement or repair (“RMA”):
- Client creates ticket through the online service desk with the mention of "RMA”
- Client ships or brings the Hardware to Calculus' operating headquarters
- Client can track orders, repairs, payments, ... via own company account
- Status and lead time of replacement or repair can be followed up online via ticket.
- All communication is conducted and registered via the online service desk
Lead times **:
- When repair is possible Calculus will utilize its in-house repair service. A decision on repair or replacement will take 7 working days as soon as the device is in our possession. Repair time or the replacement itself are dependent on the problem diagnosis and whether or not the required parts are available.
- Hardware from external suppliers will be sent to the supplier if repair warranty is applicable. Lead times are dependent on the supplier and shipping time.
* Hardware from external suppliers will be sent to the supplier if repair warranty is applicable. Lead times are dependent on the supplier and shipping time.Standard rate is applied up to 20h (hours), Calculus applies lower rates for drawn up project budgets of a larger size.
** It is advised to have spare IIOT hardware and parts in stock if urgent replacement is required for your operations.
*** The term " custom work" in no way implies that the Client derives any exclusivity or other rights from the Agreement.
ANNEX 2: SPECIAL WARRANTY PROVISIONS HARDWARE
Scope
Calculus provides this warranty on all Hardware manufactured by Calculus itself and sold under the Calculus brand. All devices and sensors of other brands (Digital Matter, Teltonika, Aspar, Siemens, ...) purchased by Calculus and resold to the Client retain the manufacturer's warranties applicable to the respective brand, such warranties may be handled through Calculus..
Summary
- Calculus maintains a 12-month warranty on Hardware.
- The warranty period starts on the day the Hardware is shipped.
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Exceptions to the warranty:
- Damage caused by force majeure, misuse (e.g., not in accordance with manuals created by Calculus), abuse, negligence, accidents, unreasonable use or by causes unrelated to defective materials or workmanship
- Damage caused by (1) services performed by someone who is not a representative of Calculus or a service provider authorized by Calculus, or (2) opening the Hardware or actions performed in the Hardware by someone who is not a representative of Calculus or a service provider authorized by Calculus
- Damage caused by incoming water or general moisture buildup. (seeing as Calculus is not responsible for the final installation/sealing of the appliance nor does it have adequate oversight of maintenance or further actions performed on it)
- Electrostatic damage
- Damage resulting from the Client performing the installation by themselves
- Damage resulting from errors made by the Client, including but not limited to faulty communication to Calculus or shipment of the incorrect piece of Hardware to Calculus
- Batteries are in their entirety not covered by warranty. Calculus may, however, provide replacement parts for them.
- Other damage caused by the Client through abnormal use of the device, including but not limited to antennas and connectors damaged by the Client.
- If the Product is not entitled to warranty Calculus may charge all research, travel and other costs to the Client in accordance with Article 13 of the Agreement at the rates stated in Annex 1.
General warranty terms
Calculus provides a "repair or replacement" manufacturer's warranty on all Hardware manufactured in-house. This includes all manufacturing defects of the aforementioned Hardware on the date of shipment. The warranty period commences on the shipment date of the Hardware. Hardware with a defect will be returned to Calculus for analysis, this by the client at their own expense. Should Calculus, in its sole discretion, deem the hardware to be "defective under warranty" it will repair or replace the hardware and bear the costs thereof. These costs are limited to the cost of the Hardware's repair or a replacement device and the shipment back to the Client via standard mail package or courier service. Calculus will decide the method of delivery. If a replacement device is not readily available, the Client will be contacted by Calculus to work out the most suitable solution which may include replacement/repair with a later delivery date, an alternative device or a credit note for refund of the original amount paid for the Hardware. Exceptions to the manufacturer's warranty are: damage caused by a person deliberately damaging hardware, damage caused by use outside of specified usage parameters or damage outside of reasonably foreseeable parameters within the application of the hardware, exposure to lightning, voltage spikes, extreme weather conditions, humidity or damage caused by improper installation or use of the Hardware.
If the Hardware is installed where it is exposed to water, rain and/or dust, appropriate steps should be taken to shield the Hardware. Water damage or damage due to corrosion is not covered by the manufacturer's warranty since Calculus has no control over, nor any responsibility in regards to these conditions.
Although Calculus devices comply with the IEC 61000-4-2:2008 standard this never completely excludes the possibility of damage from ESD (Electrostatic Discharge). Therefore, one should always take anti-static measures (such as wearing a grounding bracelet around the wrist) when installing or maintaining the Hardware. This mainly, but not exclusively, involves changing SIM cards, replacing batteries and handling loose circuit boards. Avoid any contact with components on circuit boards or antenna connectors at all times. ESD damage is not covered by the manufacturer's warranty.
Batteries generally have a faster expiry rate than the warranty period and a limited shelf life. Therefore, for all non-rechargeable battery types such as, for example, Lithium, Alkaline and LiSocl2 cells, the principle of "normal wear and tear" applies and, as a result, they are outside the manufacturer's warranty.
Several Hardware contain Lithium-Polymer batteries which have a limited shelf life when left unused and/or in a discharged state. As a result of this "normal wear and tear," Li-Po backup batteries are not covered under the manufacturer's warranty offered. It is therefore recommended that all devices that are stored for more than 6 months be periodically powered up and given a chance to recharge before being returned to storage. Li-Po batteries that need to be replaced can be ordered from Calculus.
Preventive repairs
As part of the warranty, Calculus may inform the Client of a repair action to preemptively remedy a possible defect. Should said defect occur at a later date, and the Client has not taken advantage of this offer, requiring Calculus to still perform the repair then Calculus reserves the right to charge a fee.
Making a claim under warranty
- Visit our documentation center at https://help.calculus.group for troubleshooting and follow the steps offered for existing problems.
- Visit our documentation center atIf it is impossible to solve the problem yourself: create a support ticket via our help portal at https://www.calculus.group/helpdesk Our team will try to help you to the best of their ability.
- If the problem cannot be remedied remotely, an RMA will be approved via the abovementioned ticketing system.
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Once approved, return the defective Hardware to the address below, indicating Customer Name and any other details delivered via the RMA ticket:
Eywa BV
Nieuwpoortlaan 25 bus 2
3600 Genk
België
- Once received, our support team will analyze the device and repair, replace or credit it if necessary.
Last update: 1 October 2024