DRAFT 3 – JANUARY 10, 2005 NOT FOR RELEASE
ORBITGPS USER GUIDE
SERIAL GPS RECEIVERS
24
Warranty
(a) OrbitGPS’s hardware Products are warranted against defects in workmanship and materials for a period of twelve (12) months
from the date of shipment by OrbitGPS’s reseller to its customer, but in no event more than fifteen (15) months from shipment of the
Products by OrbitGPS, unless otherwise provided by OrbitGPS in writing, provided the Product remains unmodified and is operated
under normal and proper conditions. Warranty provisions and durations on software, integrated installed systems, Product modified
or designed to meet specific customer specifications (“Custom products”), remanufactured products, and reconditioned or upgraded
products, shall be as provided in the applicable Product specification in effect at the time of purchase or in the accompanying
software license; (b) Spare parts (i.e. Parts, components, or subassemblies sold by OrbitGPS for use in the service and
maintenance of Products) are warranted against defects in workmanship and materials for a period of thirty (30) days from the date
of shipment. Spare parts may be new or originate from returned units under the conditions set forth in subsection (d) below; (c) For
repairs on OrbitGPS-branded hardware Products under this Agreement, including repairs covered by warranty, the repair services
provided are warranted against defects in workmanship and materials on the repaired component of the Product for a period of thirty
(30) days from the shipment date of the repaired Product, or until the end of the original warranty period, whichever is longer; and (d)
Products may be serviced or manufactured with parts, components, or subassemblies that originate from returned products and that
have been tested as meeting applicable specifications for equivalent new material and Products. The sole obligation of OrbitGPS for
defective hardware Products is limited to repair or replacement (at OrbitGPS’s option) on a “return to service depot” basis with prior
OrbitGPS authorization. Solution Provider is responsible for shipment to OrbitGPS and assumes all costs and risks associated with
this transportation; return shipment to the Solution Provider will be at OrbitGPS’s expense. Solution Provider shall be responsible for
return shipment charges for product returned where OrbitGPS determines there is no defect (“No Defect Found”), or for Product
returned that OrbitGPS determines is not eligible for warranty repair. No charge will be made to Solution Provider for replacement
parts for warranty repairs. OrbitGPS is not responsible for any damage to or loss of any software programs, data or removable data
storage media, or the restoration or reinstallation of any software programs or data other than the software, if any, installed by
OrbitGPS during the manufacture of the Product; (e) Except for the warranty applying solely to the repaired component arising from
a repair service as provided in (c) above, the aforementioned provisions do not extend the original warranty period of any Product
that had either been repaired or replaced by OrbitGPS; (f) The above warranty shall not apply to any Product (I) which has been
repaired, tampered with, altered or modified, except by OrbitGPS’s authorized service personnel; or (II) in which the defects or
damage to the Product result from normal wear and tear, misuse, negligence, improper storage, water or other liquids, battery
leakage, use of parts or accessories not approved or supplied by OrbitGPS, or failure to perform operator handling and scheduled
maintenance instructions supplied by OrbitGPS; (III) which has been subjected to unusual physical or electrical stress, abuse, or
accident, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the
applicable Product specification; nor shall the above warranty provisions apply to any expendable or consumable items, such as
batteries, supplied with Product. EXCEPT FOR THE WARRANTY OF TITLE AND THE EXPRESS WARRANTIES STATED
ABOVE, ORBITGPS DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. ANY IMPLIED WARRANTIES THAT MAY
BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME STATES OR
COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR
COUNTRIES, FOR SUCH PRODUCTS, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT
APPLY. The stated express warranties are in lieu of all obligations or liabilities on the part of OrbitGPS for damages, including but
not limited to, special, indirect or consequential damages arising out of or in connection with the use or performance of the Product or
service. OrbitGPS’s liability for damages to Solution Provider or others resulting from the use of any Product or service furnished
here under shall in no way exceed the purchase price of said Product or the fair market value of said service, except in instances of
injury to persons or property.
To the fullest extent allowed by law, the warranties and remedies set forth in this agreement are exclusive and in lieu of all other
warranties terms or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including without
limitation warranties terms or conditions of/as to satisfactory quality, merchantability, fitness for a particular purpose, conformance to
contract, correspondence with description and non-infringement, all of which are expressly excluded. OrbitGPS's warranties herein
are granted only to Distributor, and are not extended to any third parties that, for the avoidance of doubt, include any resellers,
agents or dealers of Distributor.
OrbitGPS neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale, installation,
maintenance or use of its products, and OrbitGPS provides no warranty whatsoever for any non-standard Products supplied by it
hereunder.
ORBITGPS SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE
ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY DISTRIBUTOR’S, OR DISTRIBUTOR’S
RESELLER, OR END USER’S, OR ANY THIRD PERSON’S MISUSE, NEGLIGENCE, IMPROPER INSTALLATION OR
TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE BEYOND THE INSTALLATION OR TESTING,
UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY
ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.
