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charge to the purchaser for parts or labor. The repaired or
replaced product will be warranted for 90 days from the
date of return shipment, or for the balance of the original
warranty, whichever is longer. Magellan Navigation
warrants that software products or software included in
hardware products will be free from defects in the media
for a period of 30 days from the date of shipment and will
substantially conform to the then-current user
documentation provided with the software (including
updates thereto). Magellan Navigation's sole obligation
shall be the correction or replacement of the media or the
software so that it will substantially conform to the then-
current user documentation. Magellan Navigation does
not warrant the software will meet purchaser's
requirements or that its operation will be uninterrupted,
error-free or virus-free. Purchaser assumes the entire risk
of using the software.
2. PURCHASER'S REMEDY
PURCHASER'S EXCLUSIVE REMEDY UNDER
THIS WRITTEN WARRANTY OR ANY IMPLIED
WARRANTY SHALL BE LIMITED TO THE REPAIR
OR REPLACEMENT, AT MAGELLAN
NAVIGATION'S OPTION, OF ANY DEFECTIVE
PART OF THE RECEIVER OR ACCESSORIES
WHICH ARE COVERED BY THIS WARRANTY.
REPAIRS UNDER THIS WARRANTY SHALL ONLY
BE MADE AT AN AUTHORIZED MAGELLAN
NAVIGATION SERVICE CENTER. ANY REPAIRS
BY A SERVICE CENTER NOT AUTHORIZED BY
MAGELLAN NAVIGATION WILL VOID THIS
WARRANTY.
3. PURCHASER'S DUTIES
To obtain service, contact and return the product with a
copy of the original sales receipt to the dealer from whom
you purchased the product.
Magellan Navigation reserves the right to refuse to
provide service free-of-charge if the sales receipt is not
provided or if the information contained in it is
incomplete or illegible or if the serial number is altered or
removed. Magellan Navigation will not be responsible for
any losses or damage to the product incurred while the
product is in transit or is being shipped for repair.
Insurance is recommended. Magellan Navigation
suggests using a trackable shipping method such as UPS
or FedEx when returning a product for service.
4. LIMITATION OF IMPLIED WARRANTIES
EXCEPT AS SET FORTH IN ITEM 1 ABOVE, ALL
OTHER EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING THOSE OF FITNESS FOR ANY
PARTICULAR PURPOSE OR MERCHANTABILITY,
ARE HEREBY DISCLAIMED AND IF APPLICABLE,
IMPLIED WARRANTIES UNDER ARTICLE 35 OF
THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF
GOODS.
Some national, state, or local laws do not allow
limitations on implied warranty or 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:
(1) periodic maintenance and repair or replacement of
parts due to normal wear and tear;
(2) batteries;
(3) finishes;
(4) installations or defects resulting from installation;
(5) any damage caused by (i) shipping, misuse, abuse,
negligence, tampering, or improper use; (ii) disasters
such as fire, flood, wind, and lightning; (iii) unauthorized
attachments or modification;
(6) service performed or attempted by anyone other than
an authorized Magellan Navigations Service Center;
(7) any product, components or parts not manufactured by
Magellan Navigation,
(8) that the receiver will be free from any claim for
infringement of any patent, trademark, copyright or other
proprietary right, including trade secrets
(9) 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
Navigation 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.).
Opening, dismantling or repairing of this product by
anyone other than an authorized Magellan Navigation
Service Center will void this warranty.
6. EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES
MAGELLAN NAVIGATION SHALL NOT BE
LIABLE TO PURCHASER OR ANY OTHER PERSON
FOR ANY INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO LOST
PROFITS, DAMAGES RESULTING FROM DELAY
OR LOSS OF USE, LOSS OF OR DAMAGES
ARISING OUT OF BREACH OF THIS WARRANTY
OR ANY IMPLIED WARRANTY EVEN THOUGH
CAUSED BY NEGLIGENCE OR OTHER FAULT
OFMAGELLAN NAVIGATION OR NEGLIGENT
USAGE OF THE PRODUCT. IN NO EVENT WILL
MAGELLAN NAVIGATION BE RESPONSIBLE FOR
SUCH DAMAGES, EVEN IF MAGELLAN
NAVIGATION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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
This written warranty is the complete, final and exclusive
agreement between Magellan Navigation 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 NAVIGATION'S RESPONSIBILITIES
REGARDING THIS PRODUCT.
THIS WARRANTY GIVES YOU SPECIFIC RIGHTS.
YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM LOCALITY TO LOCALITY (including
Directive 1999/44/EC in the EC Member States) AND
CERTAIN LIMITATIONS CONTAINED IN THIS
WARRANTY MAY NOT APPLY TO YOU.
8. CHOICE OF LAW.
This limited warranty is governed by the laws of France,
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 Navigation, its
successors and assigns.
THIS WARRANTY DOES NOT AFFECT THE
CUSTOMER'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 (such as the
guarantees in France for latent defects in accordance with
Article 1641 et seq of the French Civil Code).
For further information concerning this limited warranty,
please call or write:
Magellan Navigation SAS - ZAC La Fleuriaye - BP 433
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