Section 7
84
Terms and Conditions & Warranty Information
Manufacturer’s Warranty
Novatel Wireless, Inc. (“Vendor”) offers the original end user purchaser
of the enclosed wireless personal computer modem card (the “Product”)
from Vendor or an authorized supplier, a personal, non-transferable,
limited warranty that during the Warranty Period the Product will be free
from defects in material and workmanship under normal use. The
“Warranty Period” shall be a period that expires one year from the
original purchase date of the Product.
During the Warranty Period, if the Vendor determines that a Product is
defective in material or workmanship, Vendor will, at its sole discretion,
either (a) repair or replace the Product with a new or rebuilt unit (which
unit may use refurbished parts of similar quality and functionality) or
(b) refund the original purchase price of the Product; provided that the
defective Product is returned to a Vendor authorized service center and is
accompanied by written proof of purchase in the form of a bill of sale or
receipted invoice indicating that the Product was purchased by you and is
within the Warranty Period. After the Warranty Period, you are
responsible for paying all parts, labor and shipping charges.
This limited warranty does not cover and is void with respect to (a)
Products which have been improperly installed, repaired, operated,
maintained or modified; (b) Products which have been subjected to
misuse (including using the Products with hardware which is electrically
or mechanically incompatible with the Products), abuse, accident,
physical damage, abnormal operation, improper handling or storage,
neglect, exposure to fire, water or excessive moisture or dampness,
extreme changes in climate or temperature or environmental conditions
not conforming to Novatel Wireless’ specification, or negligent use of the
Products or use other than in a normal and customary manner, (c)
Products which have been opened, repaired, serviced, modified or altered
by anyone other than Vendor or anyone not authorized by Vendor in
writing; (d) Products which have been damaged due to fire, flood, acts of
third persons, acts of God, or other acts which are not Vendor’s fault and
which the Product is not specified to tolerate; (e) normal wear and tear,
cosmetic damage and shipping damage; (f) Products which have been
operated outside published maximum ratings; (g) consumables; (h) cost
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