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Magellan Limited Warranty
All Magellan global positioning system
(GPS) receivers are navigation aids, and
are not intended to replace other methods
of navigation. The purchaser is advised to
perform careful position charting and use good
judgment. READ THE USER GUIDE CAREFULLY
BEFORE USING THE PRODUCT.
1.
MAGELLAN WARRANTY
(a) MiTAC Digital Corp. (“Magellan”) warrants its GPS
receivers and hardware accessories to be free from
defects in material and workmanship and will conform
to its published specifications for the product for a
period of one year from the date of original purchase.
THIS WARRANTY APPLIES ONLY TO THE ORIGINAL
CONSUMER PURCHASER OF THIS PRODUCT.
(b) In the event of a defect, Magellan will, at its
discretion, repair or replace the hardware product with
a product of like kind or quality, which may be new
or reconditioned, with no charge to the purchaser for
parts or labor. Magellan’s limit of liability under the
limited warranty shall be the actual cash value of the
product at the time the purchaser returns the product
to Magellan for repair less a reasonable amount for
usage, as determined by Magellan in its sole discretion.
The repaired or replaced product will be warranted for
90 days from the date of return shipment, or for the
balance of the original warranty, whichever is longer.
(c) Magellan warrants that software products or
software included in hardware products will be free
from defects in the media for a period of 30 days from
the date of shipment and will substantially conform to
the then current user documentation provided with the
software (including updates thereto). Magellan’s sole
obligation shall be the correction or replacement of
the media or the software so that it will substantially
conform to the then- current user documentation.
Magellan does not warrant the software will meet
purchaser’s requirements or that its operation will be
uninterrupted, error-free or virus-free. The purchaser
assumes the entire risk of using the software.
2.
PURCHASER’S REMEDY
PURCHASER’S EXCLUSIVE REMEDY UNDER
THIS WRITTEN WARRANTY OR ANY IMPLIED
WARRANTY SHALL BE LIMITED TO THE REPAIR OR
REPLACEMENT, AT MAGELLAN’S OPTION, OF ANY
DEFECTIVE PART OF THE RECEIVER OR ACCESSORIES
WHICH ARE COVERED BY THIS WARRANTY. REPAIRS
UNDER THIS WARRANTY SHALL ONLY BE MADE AT
AN AUTHORIZED MAGELLAN SERVICE CENTER. ANY
REPAIRS BY A SERVICE CENTER NOT AUTHORIZED BY
MAGELLAN WILL VOID THIS WARRANTY.
3.
PURCHASER’S DUTIES
For repair or replacement on a Magellan product
the purchaser must obtain a Return Materials
Authorization (RMA) number from Magellan Technical
Support or by submitting a repair request through our
website at www.magellanGPS.com, prior to shipping.
The purchaser must return the product postpaid with
a copy of the original sales receipt, purchaser’s return
address and the RMA number clearly printed on the
outside of the package to the Authorized Magellan
Service Center address provided by Magellan with the
RMA number. Magellan reserves the right to refuse
to provide service free-of-charge if the sales receipt
is not provided or if the information contained in it is
incomplete or illegible or if the serial number has been
altered or removed. Magellan will not be responsible
for any losses or damage to the product incurred while
the product is in transit or is being shipped for repair.
Insurance is recommended. Magellan recommends
the use of a trackable shipping method such as UPS or
FedEx when returning a product for service.
4.
LIMITATION OF IMPLIED WARRANTIES
Except as set forth in item 1 above, all other expressed
or implied warranties, including those of fitness
for any particular purpose or merchantability, are
hereby disclaimed AND IF APPLICABLE, IMPLIED
WARRANTIES UNDER ARTICLE 35 OF THE UNITED
NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS. Some national,
state, or local laws do not allow limitations on implied
warranty on how long an implied warranty lasts, so the
above limitation may not apply to you.
5.
EXCLUSIONS
The following are excluded from the warranty coverage:
(a) periodic maintenance and repair or replacement
of parts due to normal wear and tear; (b) batteries;
(c) finishes; (d) installations or defects resulting from
installation; (e) any damage caused by (i) shipping,
misuse, abuse, negligence, tampering, moisture,
liquids, proximity or exposure to heat, or improper use;
(ii) disasters such as fire, flood, wind, and lightning; (iii)
unauthorized attachments or modification;
(f) service performed or attempted by anyone other
than an authorized Magellan Service Center;
(g) any product, components or parts not manufactured
by Magellan,
(h) that the receiver will be free from any claim for
infringement of any patent, trademark, copyright or
other proprietary right, including trade secrets
(i) any damage due to accident, resulting from
inaccurate satellite transmissions. Inaccurate
transmissions can occur due to changes in the position,
health or geometry of a satellite or modifications to
the receiver that may be required due to any change
in the GPS. (Note: Magellan GPS receivers use GPS
or GPS+GLONASS to obtain position, velocity and time
information. GPS is operated by the U.S. Government
and GLONASS is the Global Navigation Satellite System
of the Russian Federation, which are solely responsible
for the accuracy and maintenance of their systems.
Certain conditions can cause inaccuracies which could
require modifications to the receiver. Examples of such
conditions include but are not limited to changes in the
GPS or GLONASS transmission.).
The opening, dismantling or repairing of this product
by anyone other than an authorized Magellan Service
Center will void this warranty.
6.
EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES
(a) MAGELLAN SHALL NOT BE LIABLE TO PURCHASER
(b) OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, DAMAGES ARISING FROM A DELAY OR LOSS
OF USE, OR OUT OF THE BREACH OF THIS WARRANTY
OR ANY IMPLIED WARRANTY EVEN IF CAUSED BY THE
NEGLIGENCE OR ANOTHER FAULT OF MAGELLAN OR
OUT OF THE NEGLIGENT USAGE OF THE PRODUCT. IN
NO EVENT WILL MAGELLAN BE HELD RESPONSIBLE
FOR SUCH DAMAGES, EVEN IF MAGELLAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Some national, state, or local laws do not allow the
exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not
apply to you.
7.
COMPLETE AGREEMENT
(a) This written warranty is the complete, final and
exclusive agreement between Magellan and the
purchaser with respect to the quality of performance
of the goods and any and all warranties and
representations. THIS WARRANTY SETS FORTH ALL
OF MAGELLAN’S RESPONSIBILITIES REGARDING
THIS PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC
RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH
VARY FROM LOCALITY TO LOCALITY AND CERTAIN
LIMITATIONS CONTAINED IN THIS WARRANTY MAY
NOT APPLY TO YOU.
(b) If any part of this limited warranty is held to be
invalid or unenforceable, the remainder of the limited
warranty shall nonetheless remain in full force and
effect.
8.
CHOICE OF LAW
This limited warranty is governed by the laws of the
State of California, without reference to its conflict of
law provisions or the U.N. Convention on Contracts
for the International Sale of Goods, and shall benefit
Magellan, its successors and assigns. This warranty
does not affect the consumer’s statutory rights under
applicable laws in force in their locality, nor the
customer’s rights against the dealer arising from their
sales/purchase contract.
