www.javad.com
23
Warranty terms
JAVAD GNSS Inc. (“Company”) warrants, to the
end-user only, that the Narrow Band Radio Modems
(“Radios”) purchased (a) conforms to the Company’s
published specifications for the model purchased,
and (b) is free from defects in material or workman-
ship.
The duration of this warranty is twelve (12) months
from date of purchase and any claim for breach of
warranty must be brought to the Company’s atten-
tion within such twelve (12) month period and the
Receiver must be returned for action on any such
claim within twelve (12) months
from the date of purchase. Within a reasonable pe-
riod of time after a claim, the Company will correct
any failure of the Radio to conform to specifications
or any defect in materials or workmanship, or replace
the Radio, or, at its option, provide a full refund of the
purchase price. A repaired or replaced product is war-
ranted for 90 days from the date of return shipment to
the buyer, or for the balance of the original warranty
period, whichever is longer. These remedies are the
buyer’s exclusive remedies for breach of warranty.
To obtain warranty service, the buyer must return
the Radio, postage-paid, with proof of the date of
original purchase and the buyer’s return address to
the Company or an authorized service center. The
Company will not be responsible for any loss or dam-
age to the product incurred while it is in transit or is
being shipped for repair. It is the buyer’s responsibili-
ty to arrange for insurance, if the buyer so desires.
The Company does not warrant (a) any product, com-
ponents or parts not manufactured by the Company,
(b) defects caused by failure to provide a suitable
installation environment for the Radio, (c) damage
caused by disasters such as fire, flood, wind, and
lightning, (e) damage caused by unauthorized attach-
ments or modification, (f) damage during shipment,
(g) any other abuse or misuse by the buyer, (h) that
the Radio will be free from any claim for infringement
of any patent, trademark, copyright or other propri-
etary right, including trade secrets.
THE FOREGOING WARRANTIES ARE IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED
ARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND IF APPLICABLE,
IMPLIED WARRANTIES UNDER ARTICLE 35 OF THE
UNITED NATIONS CONVENTION ON CONTRACTS FOR
THE INTERNATIONAL SALE OF GOODS.
IN NO CASE SHALL THE COMPANY BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT
OF THE OWNERSHIP, USE OR OPERATION OF THE
RADIO REGARDLESS OF WHETHER SUCH DAMAGES
ARE PREDICATED OR BASED UPON BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE,
STRICT TORT, OR ANY OTHER LEGAL THEORY. SUCH
DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS
OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF
USE OF THE RADIO OR ANY ASSOCIATED EQUIPMENT,
COST OF CAPITAL, COST OF ANY SUBSTITUTE
EQUIPMENT, FACILITIES OR SERVICES, THE CLAIMS OF
THIRD PARTIES, INCLUDING CUSTOMERS AND INJURY
TO PROPERTY. THIS LIMITATION DOES NOT APPLY
TO CLAIMS FOR PERSONAL INJURY. SOME STATES
DO NOT ALLOW LIMITS ON WARRANTIES, OR ON
REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS.
IN SUCH STATES, THE LIMITS IN THIS PARAGRAPH
AND THE PRECEDING PARAGRAPH MAY NOT APPLY.
No employee of the Company, or any other party, is
authorized to make any warranty in addition to those
made in this document. This warranty allocates the
risks of product failure between the Company and
the buyer. This allocation is recognized by both par-
ties and is reflected in the price of the goods. The
buyer acknowledges that it has read this warranty,
understands it, and is bound by its terms. This lim-
ited warranty is governed by the laws of the State of
California, without reference to its conflict of law pro-
visions or the U.N. Convention on Contracts for the
International Sale of Goods.
with a hardware device
