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for Whistle that can be identified by the "Tagg" trademark, trade name, or logo
annexed to it, provided however, the Limited Warranty does not include
accessories even if identified by the "Tagg" trademark, trade name or logo.
Further the Limited Warranty does not apply to any non-Whistle hardware
product or any software, even if packaged or sold with the Whistle hardware.
Manufacturers, suppliers, or third parties other than Whistle may provide their
own warranties, but Whistle, to the extent permitted by law, provides its
products "AS IS". Software distributed by Whistle with or without the Tagg brand
name (including, but not limited to system software) is not covered under this
Limited Warranty. Refer to the End User License Agreement (EULA) at
www.pettracker.com/legal/ or other licensing agreement accompanying the
software for details of your rights and obligations with respect to the use of such
software. Whistle does not warrant that the operation of the product will be
uninterrupted or error-free. Whistle is not responsible for damage arising from
any failure to follow instructions relating to the product's use. Transfer or resale
of the hardware product will automatically terminate warranty coverage with
respect to such product. This Limited Warranty is not transferable to any third
party, including but not limited to any subsequent purchaser, owner or user of
the product.
This Limited Warranty does not apply: (a) if damage or defects are caused by
customer abuse, accident, neglect, improper handling, utilization or installation,
or by failing to operate the product in compliance with the user manual, quick
start guide or other user guides; (b) to consumable parts, such as batteries,
unless damage has occurred due to a defect in materials and workmanship; (c)
if damage or defects are caused by the battery being tampered with to cause a
short-circuit, or if the seals of the battery enclosure or the cells are broken or
show evidence of tampering; (d) if damage or defects are caused by a defective
function of the wireless network or if the product software needs to be
upgraded due to changes in wireless network parameters; (e) to cosmetic
operation of a feature critical to the primary functionality or successfuloperation
of the product for a period of ONE (1) YEAR from the earlier of: the date of (i) retail
purchase by the original end-user purchaser (as evidenced by proof of
purchase), or (ii) first use of the product ("Warranty Period"). Whether a defect
occurs will be determined solely with reference to the published product
documentation. If a hardware defect arises and a valid claim is received by
Whistle within the Warranty Period, Whistle will, at its sole and exclusive option
and to the extent permitted by law, either (1) repair the product at no charge,
using new parts or reconditioned parts equivalent to new in performance and
reliability, (2) exchange the product with a product that is new or equivalent to
new in performance and reliability and is at least functionally equivalent to the
original product, or (3) refund the purchase price of the product (but not the
purchase price of the Whistle service(s) included with the product), provided that
you return the product to Whistle as provided below. Whistle may request that
you replace defective parts with new or refurbished user-installable parts that
Whistle 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 Whistle, 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 Whistle' property. Parts provided by Whistle in fulfillment of its
warranty obligation must be used in products for which warranty service is
claimed. When a refund is given, Whistle may require that the product for which
the refund is provided returned to Whistle, at which time it shall become Whistle'
property.
EXCLUSION AND LIMITATIONS
This Limited Warranty applies only to the hardware product manufactured by or