Appendix C - Warranty; Warranty; Limitation Of Warranty - EMS satamatics sprey Operator's Manual

Osprey Personal Tracker
Operator Manual

Warranty

8Appendix C – Warranty
Warranty
EMS Global Tracking warrants that the Osprey will be free from defects in material and workmanship
for a period of one (1) year from date of purchase. During the warranty period EMS Global Tracking
will, at its option, either repair or replace products that prove to be defective. If a defect exists, at its
option, EMS Global Tracking will repair the product at no charge, using new or refurbished
replacement parts, or exchange the product with a product that is new or which has been
manufactured from new or serviceable used parts and is at least functionally equivalent to the original
product. A replacement product assumes the remaining warranty of the original product or 90 days,
whichever is the longer for you. All hardware (or part thereof) that is replaced by EMS Global Tracking
shall become the property of EMS Global Tracking upon replacement. EMS Global Tracking does not
warrant that the operation of the equipment or firmware will be uninterrupted or error free.

Limitation of Warranty

The foregoing warranty shall not apply to defects resulting from damage by misuse or abnormal
conditions of operation, or that have been the subject of disassembly or repair efforts, or of other
tampering affecting its physical integrity, by the Buyer, Buyer-supplied software or interfacing,
unauthorized modification or misuse, operation outside of the environmental specifications for the
product, or improper installation.
EXCEPT FOR THE ONE (1) YEAR LIMITED WARRANTY SPECIFIED HEREIN, THE PRODUCT IS
PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OF SUCH PRODUCTS, OR THE
SUITABILITY OR FITNESS OF SUCH PRODUCTS FOR BUYER'S INTENDED USE, AND NON-
INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY
WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE
LIMITED TO NINETY (90) DAYS. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED
WARRANTY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND
PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMS GLOBAL TRACKING IS NOT LIABLE
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR DAMAGES OF ANY
CHARACTER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON,
OR INTEGRATED WITH ANY PRODUCT RETURNED TO EMS GLOBAL TRACKING FOR
WARRANTY REPAIR) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO
WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY,
EVEN IF EMS GLOBAL TRACKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY IS
REPAIR OR REPLACEMENT OF THE DEFECTIVE OR NON-CONFORMING PRODUCT.
This document contains information that is proprietary and confidential to EMS Global Tracking (one or more of the following: EMS Global Tracking Ltd and EMS Technologies
Canada, Ltd), and is supplied on the express condition that it is not to be used for any purpose other than the purpose for which it was issued, nor is it to be copied or
communicated in whole or in part, to any third party other than the recipient organization, without the prior written permission of EMS Global Tracking.
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