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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 Re-
ceiver 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 origi-
nal purchase and the buyer’s return address to the
Company or an authorized service center. The Com-
pany will not be responsible for any loss or damage
to the product incurred while it is in transit or is being
shipped for repair. It is the buyer’s responsibility 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, INCLUD-
ING 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 CON-
VENTION ON CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS.
IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAG-
ES ARISING DIRECTLY OR INDIRECTLY OUT OF THE
OWNERSHIP, USE OR OPERATION OF THE RADIO RE-
GARDLESS OF WHETHER SUCH DAMAGES ARE PRED-
ICATED OR BASED UPON BREACH OF WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT,
OR ANY OTHER LEGAL THEORY. SUCH DAMAGES IN-
CLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROF-
ITS, 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 PAR-
TIES, INCLUDING CUSTOMERS AND INJURY TO PROP-
ERTY. THIS LIMITATION DOES NOT APPLY TO CLAIMS
FOR PERSONAL INJURY. SOME STATES DO NOT AL-
LOW 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