Appendix C - Limited Warranties, Conditions Of Use And Limitations Of Liability - Iridium Pilot User Manual

Appendix C – Limited Warranties, Conditions of Use and Limitations of Liability
Iridium Pilot™ Products
Terms and Conditions
All sales by Iridium of Iridium Pilot subscriber products (Above Deck Equipment, Below Deck Equipment, and
Power Supply) (collectively the "Product") and accessories (i.e. cables, captain and crew handsets, mounts)
("Accessories") are subject to and conditioned upon the Purchaser's acceptance of these Terms and Conditions.
Iridium objects to any additional or different terms contained in any documentation used or submitted by
buyer unless expressly accepted in writing by Iridium. If any provision of these Terms and Conditions is found
invalid under applicable law or court order, all other provisions shall be unaffected and remain independently
binding and valid. The provisions in these Terms and Conditions supersede any contrary provisions in other
Iridium documents, including Iridium OpenPort Product Limited Warranty Policy.
1. IRIDIUM PILOT LIMITeD WARRANTy
Iridium warrants only that the Product, not including Accessories, shall be free from defects in materials and
workmanship for a period of sixty (60) months (five (5) years) from the date of sale to the end-user. Iridium
Pilot Accessories shall be covered by this Limited Warranty for twelve (12) months (one (1) year). Iridium does
not authorize any person to assume or create for it any other obligation or liability in connection with any
Product or Accessories.
IRIDIUM MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITA-
TION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING
FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE. IN NO EVENT SHALL IRIDIUM BE LIABLE
FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
PRODUCT OR ACCESSORIES, OR FOR ANY INDEMNIFICATION OF PURCHASER ON ACCOUNT OF ANY CLAIM
ASSERTED AGAINST PURCHASER, OR FOR ANY OTHER DAMAGE OF ANY KIND, WHETHER DIRECTLY OR INDI-
RECTLY RELATED TO THE PRODUCT, ACCESSORIES OR IRIDIUM'S SERVICE. TO THE EXTENT THAT ANY IMPLIED
WARRANTY CANNOT BE DISCLAIMED, SUCH WARRANTY SHALL BE LIMITED IN DURATION TO THE EXPRESS
LIMITED WARRANTY PERIOD. THIS WARRANTY IS MADE BY IRIDIUM TO THE PURCHASER OF THE PRODUCT
AND ACCESSORIES ONLY, AND IT IS NOT ASSIGNABLE OR TRANSFERABLE BY THE PURCHASER. TO THE EXTENT
PERMITTED BY LAW, THIS IS IRIDIUM'S SOLE AND COMPLETE WARRANTY FOR THE PRODUCT AND ACCESSO-
RIES. THIS WARRANTY COVERS PRODUCT AND ACCESSORIES ONLY. IRIDIUM MAKES NO WARRANTY AS TO
COVERAGE, AVAILABILITY, OR GRADE OF SERVICE PROVIDED BY IRIDIUM SEPARATELY FOR IRIDIUM SATELLITE
SERVICES. IRIDIUM ASSUMES NO OBLIGATION OR LIABILITY FOR ADDITIONS OR MODIFICATIONS TO THIS
WARRANTY UNLESS MADE IN WRITING AND SIGNED BY AN OFFICER OF IRIDIUM.
This Product and Accessories is covered only by the LIMITED WARRANTY as stated above. To the extent
permitted by applicable law, Iridium specifically disclaims any other warranty terms, liabilities, or obligations
which may be implicated by sale or purchase of the Product or Accessories outside of the United States.
Except as specified in this LIMITED WARRANTY, Products and Accessories are provided "AS IS."
If you acquired this Product and Accessories in Australia or in New Zealand, this Product and Accessories come
with guarantees that cannot be excluded under the Australian Consumer Law or similar legislation in New
Zealand. The benefits to a consumer given by the warranty are in addition to other rights and remedies of a
consumer under a law in relation to the goods or services to which the warranty relates. Notwithstanding other
express terms and other limitations of this Limited Warranty (which other express terms and other limitations
are negated by this paragraph, but only to the extent inconsistent with this paragraph, and will not be applied
to limit consumer rights under such guarantees), where such guarantees operate, consumers are entitled to
a replacement or a refund for a major failure of this Product and Accessories and for compensation for any
other reasonably foreseeable loss or damage. Where such guarantees operate, consumers are also entitled to
have this Product and Accessories repaired or replaced if this Product and Accessories fail to be of acceptable
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Iridium Pilot User Manual