Game Performance Warranty Policy
This Game Performance Warranty applies only to Games supplied under a Type 3 Licence (Continuing Term) and does not apply to any Game supplied under a Type 1A Licence, Type 1B Licence, Type 2A Licence, Type 2B Licence, Type 4A Licence, Type 4B Licence, Type 4C Licence or Type 4D Licence.
A. Process for making a claim under this Game Performance Warranty Policy
Before requesting a Game Replacement under this Game Performance Warranty Policy, the Purchaser, in consultation with Aristocrat, must endeavour to provide the relevant Game every reasonable opportunity to perform at its optimal capability, including by investigating better positioning of such Game and/or modifying jackpot parameters for such Game.
Subject to the terms and conditions of this Agreement (including this Game Performance Warranty Policy), Aristocrat will replace a Game that is covered by this Game Performance Warranty Policy in the event that, during the period of time that is between 90 and180 days following initial installation of such Game (“Game Performance Warranty Period”), it does not perform within 80% of the average performance of all games within the Comparison Group at the Purchaser’s licensed gaming venue during the Game Performance Warranty Period, provided that Aristocrat will only be required to replace such Game if the following process is followed:
- The Purchaser must notify Aristocrat in writing that the Purchaser considers that the relevant Game is not performing within 80% of the average performance of all games within what the Purchaser considers to be the same game category (e.g., games with similar attributes and/or jackpot types) at the customers’ licensed gaming venue;
- Upon the receipt of such notice by Aristocrat, the Purchaser and Aristocrat will meet to discuss the Purchaser’s concerns with respect to the performance of the Game and will cooperate in good faith to agree on the relevant Comparison Group (with reference to the conditions for determining the Comparison Group set out below) for purposes of measuring the performance of the Game (provided that if the Purchaser and Aristocrat are unable to agree on the Comparison Group, the matter will be referred to the dispute resolution process set out in clause 23 of the Conditions of Sale);
- Once the Purchaser and Aristocrat have agreed on the relevant Comparison Group, the Purchaser will compile and provide to Aristocrat relevant evidence to demonstrate the failure in performance of the Game, which must include (unless otherwise agreed with Aristocrat) proof of machine performance, house averages, and Comparison Group performance data. When calculating any performance data for the Comparison Group, the same formula must be applied to the entire Comparison Group;
- If Aristocrat, acting reasonably, agrees that the evidence provided by the Purchaser demonstrates that the Game has failed to comply with this Game Performance Warranty Policy (e.g., the Game has failed to perform within 80% of the average performance of all games within the Comparison Group during the Game Performance Warranty Period), then Aristocrat will make available to the Purchaser a Game Replacement in accordance with clause 12.4 of the Conditions of Sale and this Game Performance Warranty Policy.
B. Conditions for determining the Comparison Group
For purposes of this Game Performance Warranty Policy, “Comparison Group” means the relevant games at the Purchaser’s licensed gaming venue that the Purchaser and Aristocrat agree are a “like to like” comparison with the relevant Game covered by this Game Performance Warranty Policy based on the conditions set out below.
Aristocrat and the Purchaser will use good faith efforts to agree on the selection of the relevant Comparison Group based on the following conditions:
- Relevant games in the Comparison Group must have been operating at the Purchaser’s licensed gaming venue for a minimum period of 90 days;
- Relevant games within the Comparison Group must be a “like for like” comparison with the relevant Game, meaning that such games must have similar game attributes and similar jackpot types to the relevant Game (for example, if the Game is a (1) “Stand Alone Progressive”, then the games within the Comparison Group should also be “Stand Alone Progressive” games or (2) “Linked Progressive” game with a jackpot across multiples machines, then the games within the Comparison Group should also be “Linked Progressive” games with a jackpot across multiples machines).
C. Additional exclusions, limitations and requirements for this Game Performance Warranty Policy
The following additional exclusions, limitations and requirements apply to this Game Performance Warranty Policy:
- Games which have been operating for more than 180 days at the Purchaser’s licensed gaming venue are not covered by this Game Performance Warranty Policy;
- A Game that is covered by this Game Performance Warranty Period is only eligible for one (1) Game Replacement, meaning that if an Original Copy of a Game is replaced under this Game Performance Warranty Period in accordance with clause 12.4 of the Conditions of Sale and this Game Performance Warranty Policy, then any Replacement Copy of a Game that is provided is not covered by this Game Performance Warranty Policy; and
- The Purchaser must return all Intellectual Property related to the Original Copy of a Game that is being replaced, including the original game artwork and game software, to Aristocrat.
D. Defined Terms
Capitalised words used in this Game Performance Warranty Policy have the same meaning given to them in the Conditions of Sale that are incorporated by reference in the Original Game Quote pursuant to which the purchaser licensed the Original Copy of a Game, unless the context requires otherwise.