Magellan MiVue 5 series User Manual page 26

warranty on how long an implied warranty lasts, so the
above limitation may not apply to you.
5. EXCLUSIONS
The following are excluded from the warranty coverage:
(a) periodic maintenance and repair or replacement
of parts due to normal wear and tear; (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
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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.