NCX ELD, User Manual

ELECTRONIC LOGGING DEVICE

 USER MANUAL

ELECTRONIC LOGGING DEVICE

 USER MANUAL

72

| National Carrier Exchange

National Carrier Exchange | 

73

Limited Hardware Warranty

National Carrier Exchange, Inc. (NCX) provides the following limited warranty (the “Hardware Warranty”) to any purchaser 
(“Customer”) of one of NCX’s Electronic Logging Devices and the software contained therein (collectively the “Hardware”).
1. Defects
1.1 NCX warrants that any Hardware purchased from NCX shall, for twelve (12) months from the date of dispatch from NCX to 
Customer, be free of defects in materials and workmanship under normal use and service and shall substantially conform with 
instruction manuals, user guides, and other information provided by NCX, or posted to its website, provided that such warranty 
is limited by the terms of this Hardware Warranty and the NCX Terms of Service located at  https://www.NationalCarrierEx-
change.com/terms.html (the “Terms of Service”).
2. Return, Repair and Refund
2.1. In order to make a claim for defective Hardware under this Hardware Warranty you must report any defect to NCX in 
writing. Upon receipt of such report, NCX shall run a diagnostic test of the Hardware to determine if there is a defect. Upon 
determining that there is a defect, NCX shall, within fifteen (15) days of determination of a defect, send a replacement unit of 
Hardware to Customer, at its own expense. Customer shall, at NCX’s expense, package and return the ELD to NCX. Title to the 
defective Hardware shall pass to NCX upon receipt by Customer of the replacement ELD. Risk of loss shall pass to Customer 
upon shipment of such replacement ELD to Customer.
2.2. If Customer has not returned any Hardware in accordance with Section 2.2 of this Hardware Warranty within thirty (30) 
days of receipt of replacement Hardware, or has returned such Hardware in damaged condition, NCX shall have the right to 
charge Customer $175 for each such unreturned or damaged Hardware. If you return any Hardware in a defaced manner, for 

example, with writing on the Hardware or with the serial number removed or scratched off, unless otherwise approved by 
NCX, we will charge you a $50 restoration fee per unit of Hardware returned in such state.
3. Limitations
3.1. This Hardware Warranty and the return and repair policy contained herein represents 
Customers sole and exclusive remedy with respect to NCX Hardware.
3.2. NCX is not responsible for any data contained on any unit of Hardware or for any loss of such data.   
3.3. This Hardware Warranty is null and void in the event of (a) any alteration, modification or special configuration or instal-
lation or de-installation of the Hardware without following NCX’s written instructions; (b) accidents affecting the Hardware, 
misuse, tampering with, abuse, neglect or damage the Hardware; (c) use of the Services (as defined in the Terms of Service) 
not in the ordinary course  of your business operations; (d) connecting the Hardware to an improper voltage supply; (e) water, 
weather or physical damage; or (f) use of the Hardware with accessories and/or devices which are not approved by NCX.
3.4. Warranty Disclaimer and Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW AND EXCEPT AS 
PROVIDED HEREIN, NCX MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING 
ANY OF THE HARDWARE, WHICH IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS. ALL SUCH WARRANTIES, IN-
CLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC-
ULAR PURPOSE, ARE EXPRESSLY EXCLUDED. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE 
OF THE HARDWARE. NCX IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES 
RELATING TO THE HARDWARE.