s e c t i o n 5
9
Warranty
1. Warranty Statement - This express warranty is
extended by Terk Technologies Corporation, a New
York corporation having its principal office at 63 Mall
Drive, Commack, NY 11725 ("Terk") to the original end
user purchaser. Terk warrants the XMCommander
("Commander") to be free of defects in material and
workmanship for a limited period of one (1) year from
the date of sale to the original end user purchaser,
subject to the following conditions herein 2. General
Provisions - This warranty sets forth the full extent of
Terk’s responsibilities and consumer’s exclusive
remedy regarding the Commander. Terk will, as its sole
obligation under this warranty, replace any
Commander that does not conform to this warranty.
Such replacement unit may include factory rebuilt or
refurbished parts.
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER
STATUTORY, EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WHICH TERK HEREBY
DISCLAIMS. IN NO EVENT SHALL TERK BE LIABLE
FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE
OF THE COMMANDER, FOR ANY LOSS OF USE, LOSS
OF TIME, INCONVENIENCE, COMMERCIAL LOSS,
LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE SUCH
COMMANDER, TO THE FULL EXTENT AS MAY BE
DISCLAIMED BY LAW. THIS WARRANTY IS NOT
TRANSFERABLE AND APPLIES ONLY TO THE
ORIGINAL CONSUMER PURCHASER OF THE
COMMANDER.
3. One (1) Year Standard Limited Warranty -
Commanders are shipped from the factory with a
standard limited warranty of one (1) year from the date
of purchase by the original end user purchaser, based
on proof of purchase receipt. In the event of a defect,
malfunction, or failure to conform to specifications
during the warranty period, Terk will replace the
Commander (replacements available through the
retailer or dealership where the Commander was
purchased, only if all component parts and original
packaging and manual are returned). This warranty
does not cover defects, malfunctions, performance
failures or damages to the unit resulting from use in
other than its normal and customary manner, misuse,
accident or neglect, the use of non-conforming parts,
failure to properly follow the Installation Guide, or
alterations or repairs not authorized by Terk. This
warranty is for a replacement Commander only and
does not cover any costs of removal of the defective
unit or installation of the replacement unit.
4. Voiding of Warranty - This warranty will be VOID if a
Commander is received for return or refund by your
retailer and: (a) is incomplete (i.e., components are
missing), or does not include all original packaging
and user manual; (b) has been opened by, or has had
work performed by, anyone other than an XM-
authorized service provider; (c) contains non-
conforming or non-XM-approved housing or parts.
5. How to Receive Warranty Service - To obtain
warranty service you must return the defective
Commander with a copy of the original dated sales
receipt to the retailer or dealership where the
Commander was purchased, along with all component
parts and original packaging, including user manual.
Alternatively, you may call
1-800-543-5065
or visit
http://xmcommander.xmradio.com
for instructions to
mail in your unit for warranty service.
6. State Law Rights - Some states do not allow the
exclusion or limitation of incidental or consequential
damages, or limitation on how long an implied
warranty lasts. Therefore the above limitations or
exclusions may not apply. This warranty gives you
specific legal rights and you may also have other
rights that vary from state to state.
Reference
Taking Care of Your XMCommander
(Failure to follow these instructions may result in
personal injury or damage to your XMCommander
or to your vehicle.)
• Use only a soft, dry cloth to clean the outside of
your XMCommander and any peripherals.
• Do not use any solvents, chemicals, or cleaning
solutions containing alcohol, ammonia or abrasives.
• Do not allow liquids to spill on the unit.
• Do not use sprays near your XMCommander.
• It is best to keep XMCommander out of direct
sunlight or other sources of extreme heat.
• Avoid placing XMCommander in a setting where air
cannot circulate around the unit.
