Table of Contents
Advertisement
Available languages
Available languages
OR REMOVABLE STORAGE MEDIA. XPLORE IS NOT
RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION
OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE
INSTALLED BY XPLORE WHEN THE PRODUCT IS
MANUFACTURED.
XPLORE DOES NOT WARRANT SOFTWARE PRODUCTS,
INCLUDING ANY SOFTWARE PRODUCTS OR THE
OPERATING SYSTEM PREINSTALLED BY XPLORE. Xplore's
only obligations with respect to software distributed by
Xplore under the Motion brand name are set forth in the
applicable end-user license or program license agreement.
Non-Motion by Xplore hardware and software products are
provided "AS IS. " However, non-Motion by Xplore
manufacturers, suppliers, or publishers may provide their
own warranties directly to you.
Warranty exclusions
This Limited Warranty does not extend to:
a. Expendable parts;
b. Any product from which the serial number has been
removed or altered;
c. Cosmetic damage or ordinary wear and tear;
d. Damage or non-functionality that results from (i) failure
to follow the instructions that came with the product;
(ii) accident, misuse, abuse, or other external causes; (iii)
operation outside the usage parameters stated in the
then-current user documentation for the product; or (iv)
use of parts not manufactured or sold by Xplore; or
e. Damage or non-functionality due to modifications or
service by anyone other than (i) Xplore, (ii) a Xplore
authorized service provider, or (iii) your own installation
of end-user replaceable Xplore or Xplore-approved
parts.
Limitation of liability
IF YOUR XPLORE PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE REPAIR OR REPLACEMENT. XPLORE'S MAXIMUM
LIABILITY UNDER THIS LIMITED WARRANTY OR RELATED IN
ANY WAY TO THE MOTION BY XPLORE PRODUCT IS
EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU
HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR
REPLACEMENT OF ANY HARDWARE COMPONENTS THAT
MALFUNCTION IN CONDITIONS OF NORMAL USE.
XPLORE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED
BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO
PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
XPLORE SHALL NOT BE LIABLE FOR ANY CLAIM MADE BY A
THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER
DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS
LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING
NEGLIGENCE AND STRICT PRODUCT LIABILITY), A
CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION
OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY
PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE
EVEN IF XPLORE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF
LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR
PERSONAL INJURY. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER
RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM
14
COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT
APPLICABLE STATE OR COUNTRY LAWS FOR A FULL
DETERMINATION OF YOUR RIGHTS.
Software technical support
Software technical support is defined as assistance with
questions and issues about the software that was either
preinstalled by Xplore on the Motion CL920 by Xplore
Product or that was included with the Motion branded
product at the time of your purchase or lease of the
product. Technical support for software is available for the
duration of your warranty period. Your dated sales or
delivery receipt, showing the date of purchase or lease of
the product, is your proof of the purchase or lease date.
You may be required to provide proof of purchase or lease
as a condition of receiving software technical support.
After the first ninety (90) days, technical support for
software that was either preinstalled by Xplore on the
Motion CL920 by Xplore Product or included with the
Motion CL920 by Xplore Product at the time of your
purchase or lease of the product is available for a fee.
Warranty transfer to another country
Xplore is not responsible for any handling fees, tariffs, or
import duties that may be incurred in transferring the
Products. Products and software may be covered by export
controls issued by the United States or other governments.
Australia
The Australian Competition and Consumer Act (2010)
(including the "Australian Consumer Law") as well as other
laws in Australia ("Mandatory Laws") guarantee certain
conditions, warranties and undertakings, and give you
other legal rights, in relation to the quality and fitness for
purpose of Xplore Technologies Corporation consumer
products sold in Australia.
In Australia, our goods come with guarantees that cannot
be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or
damage. You are also entitled to have the goods repaired
or replaced if the goods fail to be of acceptable quality and
the failure does not amount to a major failure. What
constitutes a major failure is set out in the Australian
Consumer Law.
Nothing in this Warranty purports to modify or exclude the
conditions, warranties and undertakings, and other legal
rights, under the Australian Consumer Law, and other laws.
This Warranty gives you additional protection for your
Motion CL920 by Xplore consumer product, and identifies
a preferred approach to resolving warranty claims which
will be quickest and simplest for all parties, subject to the
exclusions terms and conditions below.
This Limited Warranty applies to the Motion-branded
hardware products sold by or leased from Xplore
Technologies Corp., its worldwide subsidiaries, affiliates,
authorised resellers, or country distributors in Australia
with this Limited Warranty ("Motion CL920 by Xplore
Product"). This Limited Warranty is provided by Xplore
Technologies, Corp. ("Xplore") of 8601 RR 2222, Building 2,
Austin, Texas 78730, USA (Phone: 1-866-322-9783 option
9). These terms and conditions constitute the complete
and exclusive Limited Warranty agreement between you
and Xplore regarding the Motion CL920 by Xplore Product
FWS-002 Safety and Regulatory Guide
Advertisement
Table of Contents
