PassTime USA
CONFIDENTIAL
PassTime GPS Install Guide v 2.5
Pg. 10
December 2010
product that is new or which has been manufactured from new or serviceable used parts and is at least
functionally equivalent to the original product, or (3) refund the purchase price of the product. PassTime
may request that you replace defective parts with new or refurbished user-installable parts that PassTime
provides in fulfillment of its warranty obligation. A replacement product or part, including a user-
installable part that has been installed in accordance with instructions provided by PassTime, assumes the
remaining warranty of the original product or ninety (90) days from the date of replacement or repair,
whichever provides longer coverage for you. When a product or part is exchanged, any replacement item
becomes your property and the replaced item becomes PassTime’s property. Parts provided by PassTime
in fulfillment of its warranty obligation must be used in products for which warranty service is claimed.
When a refund is given, the product for which the refund is provided must be returned to PassTime and
becomes PassTime’s property.
Exclusions and Limitations
The Limited Warranty applies only to hardware products manufactured by or for PassTime that can be
identified by the “PassTime” trademark, trade name, or logo affixed to them (and/or the “
Elite
”
trademark, trade name, or logo affixed to them). The Limited Warranty does not apply to any non-
PassTime products or any software, even if packaged or sold with PassTime hardware. Manufacturers,
suppliers, or publishers, other than PassTime, may provide their own warranties to the end user purchaser,
but PassTime, in so far as permitted by law, provides their products “as is”.
PassTime does not warrant that the operation of the product will be uninterrupted or error-free, including
but not limited to in areas where cellular technology or reception has gaps in coverage of any kind.
PassTime is not responsible for damage arising from failure to follow instructions relating to the
product’s use.
This warranty does not apply: (a) to damage caused by use with non-PassTime products; (b) to damage
caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) damage caused by
operating the product outside the permitted or intended uses described by PassTime, including but not
limited to instances of improper installation and tampering; (d) to damage caused by service (including
upgrades) performed by anyone who is not a representative of PassTime or a PassTime Agent/Installer;
(e) to a product or a part that has been modified to significantly alter functionality or capability without
written permission of PassTime; (f) to consumable parts, such as batteries, unless damage has occurred
due to a defect in materials or workmanship; or (g) if any PassTime serial number has been removed or
defaced; (h) if any PassTime seals are broken.
T
O THE EXTENT PERMITTED BY LAW
,
THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES
,
REMEDIES AND CONDITIONS
,
WHETHER ORAL OR WRITTEN
,
STATUTORY
,
EXPRESS OR IMPLIED
.
A
S PERMITTED BY APPLICABLE LAW
,
P
ASS
T
IME SPECIFICALLY
DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES
,
INCLUDING
,
WITHOUT LIMITATION
,
WARRANTIES OF MERCHANTABILITY
,
FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST
HIDDEN OR LATENT DEFECTS
.
I
F
P
ASS
T
IME CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED
WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW
,
ALL SUCH WARRANTIES SHALL BE LIMITED IN
DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS
DETERMINED BY
P
ASS
T
IME IN ITS SOLE DISCRETION
.
N
O
P
ASS
T
IME RESELLER
,
AGENT
,
OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATION
,
EXTENSION
,
OR ADDITION TO THIS WARRANTY
.
E
XCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW
,
P
ASS
T
IME IS NOT
RESPONSIBLE FOR DIRECT
,
SPECIAL
,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY
BREACH OF WARRANTY OR CONDITION
,
OR UNDER ANY OTHER LEGAL THEORY
,
INCLUDING BUT NOT
LIMITED TO LOSS OF USE
;
LOSS OF REVENUE
;
LOSS OF ACTUAL OR ANTICIPATED PROFITS
(
INCLUDING
LOSS OF PROFITS ON CONTRACTS
);
LOSS OF OPPORTUNITY
;
LOSS OF GOODWILL
;
LOSS OF REPUTATION
;
OR
ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE
