OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR
WRITTEN, STATUTORY, EXPRESS OR IMPLIED, FOR ANY PRODUCT,
SOFTWARE OR SERVICE. AS PERMITTED BY APPLICABLE LAW, WHISTLE,
IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF
THEIR RESPECTIVE AFFILIATES, SPECIFICALLY DISCLAIMS ANY AND ALL
STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES AGAINST
HIDDEN OR LATENT DEFECTS. IF WHISTLE, IT'S MANUFACTURERS, SERVICE
PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES,
CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES
THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL
BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY
AND TO REPAIR, REPLACEMENT, OR REFUND AS DETERMINED BY WHISTLE
IN ITS SOLE DISCRETION. No Whistle reseller, agent, partner, affiliate or
employee is authorized to make any modification, extension, or addition to
these Limited Warranties. If any term is held to be illegal or unenforceable, the
legality or enforceability of the remaining terms shall not be affected or impaired.
LIMITATION OF LIABILITY
WHISTLE, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND
EACH OF THEIR RESPECTIVE AFFILIATES, ARE NOT RESPONSIBLE FOR
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT
(REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF THE
PRODUCTS, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF
SERVICES BY WHISTLE PURSUANT TO THIS AGREEMENT, THE BREACH OF
WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY,
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
damage, including but not limited to scratches, dents, broken plastic on parts or
any physical damage to the surface of the product; (f) if damage or defects are
caused by rough handling or other physical moisture damage or extreme
thermal or environmental conditions or a rapid change in such conditions,
corrosion, oxidation, unauthorized modifications or connections, unauthorized
opening or repair, repair by use of unauthorized spare parts, accidents, forces of
nature, or other actions beyond the reasonable control of Whistle; (g) in the case
of the docking station and other components other than the tracking device, if
damage or defects are caused by exposure to moisture or dampness; (h) if
damage or defects are caused by the product being used with or connected to
an accessory not approved or certified by Whistle; (i) if damage or defects are
caused by accident, abuse, misuse, flood, fire, earthquake or other external
causes; (j) if damage or defects are caused by operating the product outside of
the permitted or intended uses described by Whistle; (k) if damage or defects
are caused by service (including upgrades and expansions) performed by
anyone who is not a representative of Whistle or a Whistle authorized retailer or
service provider; (l) if a product or part has been modified to alter functionality or
capability without the written permission of Whistle; (m) if any serial number has
been removed or defaced, (n) to a recalled product, part or component, if a
replacement product, part or component was made available by Whistle, (o) to
freight costs to ship product to the repair depot; or (p) to commercial use of the
product.Important: Do not open the hardware product itself. Opening the
hardware product may cause damage that is not covered by this Limited
Warranty. Only Whistle or a Whistle authorized service provider should perform
service on this hardware product.
DISCLAIMER OF ALL OTHER WARRANTIES
TO THE EXTENT PERMITTED BY LAW, THESE LIMITED WARRANTIES AND
THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
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