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TND
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765 Fleet Edition User Manual
TND
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765 Fleet Edition User Manual
access, to disable, erase or otherwise harm the Software, hardware or data),; provided,
however, that the warranties described above do not extend to the operation of the
Software on any hardware confi guration other than as described in the Customer
Agreement or as to any copy of the Software that is modifi ed by any person or entity
other than Rand McNally (or its licensors or suppliers).
d. Defective Product Procedure. Any product proven defective after acceptance by
Customer, and within the applicable warranty period set forth on the Order Form, will
be, upon return of such defective product or parts, either adjusted, repaired, or replaced,
at the sole discretion of Rand McNally; provided, however, that Customer shall (i) notify
Rand McNally in writing during the Warranty Period that such product failed to conform
to the warranty set forth in this paragraph and furnish a reasonably detailed explanation
of any alleged nonconformity; (ii) obtain a return merchandise authorization (“RMA”)
by submitting a form approved by Rand McNally to receive a Rand McNally-issued
RMA number for the nonconforming product; and (iii) within thirty (30) days following
receipt of the RMA number, return such product to Rand McNally, with the RMA number
prominently attached, F.O.B. Rand McNally at such location as Rand McNally may
designate in writing. Customer shall assume all responsibility and expense for removal,
reinstallation and freight in connection with the foregoing. In the event Rand McNally’s
evaluation of the returned product results in no problem found, Customer shall pay Rand
McNally for the resources used to conduct the product evaluation (currently $75.00)
and the cost of returning the product to the Customer. If Customer fails to notify Rand
McNally during an applicable Warranty Period, with respect to any product returned
by Customer, then Customer shall be charged the then-applicable rates to repair such
product, in addition to shipping costs.
e. Return of Goods. Rand McNally shall, in Rand McNally’s discretion, repair or replace
products returned in accordance with the terms of the Customer Agreement. No credit
or refund of the Sales Price will be allowed for products returned by Customer unless
agreed by Rand McNally in writing, prior to the return. If returned goods are accepted,
then Customer shall make payment to Rand McNally of reasonable and proper return
charges based on Rand McNally’s expenses involved in handling and/or restocking.
f. Damaged Goods. Customer may make reasonable arrangements to inspect Rand
McNally products prior to acceptance by Customer’s designated carrier. If Rand McNally
is not notifi ed within fi ve (5) business days, Customer shall be deemed to have inspected
and accepted the products.
g. Back Orders. Any back ordered items will be shipped as soon as available.
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Notes
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