Digital Media VendingDigital Media Vending

Terms of Sale, Warranty, and Use

Last Updated: January 7, 2019

The DMVI Terms of Sale, Warranty, and Use is the controlling agreement that governs the purchase, delivery, software licensing, operating environment, and warranty of vending machines and related cloud services sold by Digital Media Vending International (DMVI), unless a separately signed sales or services agreement controls.

For transactions without a separate signed agreement, purchase and operation of DMVI equipment constitutes acceptance of the terms set out on this page.

Note: section numbering is preserved from the prior version, and this page is presented for informational transparency rather than legal advice.

See also: Contact DMVI · Privacy Policy · Pricing

Contents

  1. 1. 1. Payment, Refunds, and Returns
  2. 2. 2. Shipping, Delivery, and Installation
  3. 3. 3. Limited One-Year Parts Warranty
  4. 4. 4. Disclaimer of All Other Warranties
  5. 5. 5. Required Operating Environment & Proper Use
  6. 6. 6. Software License and Service Fees
  7. 7. 7. Limitation of Liability
  8. 8. 8. Governing Law & Dispute Resolution
  9. 9. 9. Contact

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 required operating environment is the set of physical and network conditions under which DMVI vending equipment must be installed and operated to remain within warranty.

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

The DMVI software licence is the annual cloud and firmware licence required to operate the connected functions of a supported vending machine.

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.

9. Contact

Questions about these terms, purchase documents, or a separately executed sales or services agreement should be directed to DMVI through the Contact page.

Use the contact details in your purchase paperwork when those documents set out a specific commercial or support contact for your account.

Common Questions

  • The DMVI one-year limited parts warranty covers defects in materials and workmanship in DMVI vending machines for one year from the original purchase date. DMVI may, at its sole discretion, repair or replace defective parts. The warranty does not cover abuse, neglect, normal wear, operation outside specifications, or items placed inside the machine.

  • No. The DMVI warranty applies only to machines installed and operated in an indoor, climate-controlled environment. Outdoor placement voids warranty coverage. Customers needing outdoor-rated equipment should request a separate outdoor specification before purchase, in writing.

  • The first-year DMVI software license fee is included on the initial machine invoice. Subsequent annual license fees are invoiced separately. License renewal is required for ongoing access to cloud services, telemetry, and remote management. Non-payment past thirty days may result in software service termination as set out in Section 6.

  • Payments to DMVI are final and made in United States currency without right of set-off, holdback, or chargeback. Any refund granted is at DMVI's sole discretion on a case-by-case basis. Customers are responsible for return shipping costs where a return is approved. See Section 1 for the controlling terms.