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(b)
batteries;
(c)
finishes;
(d)
installations or defects resulting from installation;
(e)
any damage caused by (i) shipping, misuse, abuse, negligence,
tampering, moisture, liquids, proximity or exposure to heat, or
improper use; (ii) disasters such as fire, flood, wind, and lightning; (iii)
unauthorized attachments or modification;
(f)
service performed or attempted by anyone other than an
authorized Magellan Service Center;
(g)
any product, components or parts not manufactured by Magellan,
(h)
that the receiver will be free from any claim for infringement of
any patent, trademark, copyright or other proprietary right, including
trade secrets
(i)
any damage due to accident, resulting from inaccurate satellite
transmissions. Inaccurate transmissions can occur due to changes
in the position, health or geometry of a satellite or modifications
to the receiver that may be required due to any change in the GPS.
(Note: Magellan GPS receivers use GPS or GPS+GLONASS to obtain
position, velocity and time information. GPS is operated by the U.S.
Government and GLONASS is the Global Navigation Satellite System
of the Russian Federation, which are solely responsible for the
accuracy and maintenance of their systems. Certain conditions can
cause inaccuracies which could require modifications to the receiver.
Examples of such conditions include but are not limited to changes in
the GPS or GLONASS transmission.).
The opening, dismantling or repairing of this product by anyone other
than an authorized Magellan Service Center will void this warranty.
6.
EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES
(a)
MAGELLAN SHALL NOT BE LIABLE TO PURCHASER
(b)
OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO LOST PROFITS, DAMAGES ARISING FROM A DELAY OR
LOSS OF USE, OR OUT OF THE BREACH OF THIS WARRANTY OR
ANY IMPLIED WARRANTY EVEN IF CAUSED BY THE NEGLIGENCE
OR ANOTHER FAULT OF MAGELLAN OR OUT OF THE NEGLIGENT
USAGE OF THE PRODUCT. IN NO EVENT WILL MAGELLAN BE HELD
RESPONSIBLE FOR SUCH DAMAGES, EVEN IF MAGELLAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c)
Some national, state, or local laws do not allow the exclusion
or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
7.
COMPLETE AGREEMENT
(a)
This written warranty is the complete, final and exclusive
agreement between Magellan and the purchaser with respect to the
quality of performance of the goods and any and all warranties and
representations. THIS WARRANTY SETS FORTH ALL OF MAGELLAN'S
RESPONSIBILITIES REGARDING THIS PRODUCT. THIS WARRANTY
GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH
VARY FROM LOCALITY TO LOCALITY AND CERTAIN LIMITATIONS
CONTAINED IN THIS WARRANTY MAY NOT APPLY TO YOU.
(b)
If any part of this limited warranty is held to be invalid or
unenforceable, the remainder of the limited warranty shall nonetheless
remain in full force and effect.
8.
CHOICE OF LAW
This limited warranty is governed by the laws of the State of California,
without reference to its conflict of law provisions or the U.N. Convention
on Contracts for the International Sale of Goods, and shall benefit
Magellan, its successors and assigns. This warranty does not affect
the consumer's statutory rights under applicable laws in force in their
locality, nor the customer's rights against the dealer arising from their
sales/purchase contract.
For further information concerning this limited warranty, please visit
Magellan's website (trxsupport.magellangps.com) or contact:
MiTAC Digital Corp.
USA & Canada: 877-255-4161
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