Limitation Of Liability; Warranty Coverage; Warranty Exclusions; Repair Or Replacement - Motion Computing J3500 T008 Product Information

Warranty coverage

Motion warrants that the Motion Product and all the
internal components of the product that you have
purchased or leased from Motion are free from defects in
materials or workmanship under normal use during the
Limited Warranty Period. You are entitled to warranty
service according to the terms and conditions of this
document if a repair to your Motion Product is required
within the Limited Warranty Period. This Limited Warranty
extends only to the original purchaser or lessee of this
Motion Product and is not transferable to anyone who
obtains ownership or use of the Motion Product from the
original purchaser or lessee.

Repair or replacement

Motion products are manufactured using new materials or
new and used materials equivalent to new in performance
and reliability. Spare parts may be new or equivalent to
new. Spare parts are warranted to be free from defects in
material or workmanship for thirty (30) days or for the
remainder of the Limited Warranty Period of the Motion
Product in which they are installed, whichever is longer.
During the Limited Warranty Period, Motion will repair or
replace the defective component parts or the Motion
Product. All component parts or hardware products
removed under this Limited Warranty become the
property of Motion. The replacement part or product takes
on either the Limited Warranty status of the removed part
or product or the thirty (30) day limited warranty of the
spare part. In the unlikely event that your Motion Product
has a recurring failure, Motion, at its discretion, may elect
to provide you with a replacement unit of Motion's
choosing that is at least equivalent to your Motion Product
in hardware performance. Motion reserves the right to
elect, at its sole discretion, to give you a refund of your
purchase price or lease payments (less interest) instead of a
replacement. THIS IS YOUR EXCLUSIVE REMEDY FOR
DEFECTIVE PRODUCTS. HOWEVER YOU MAY ALSO HAVE
OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR
FROM COUNTRY TO COUNTRY.

Software and data

YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE
DATA STORED ON YOUR HARD DRIVE OR OTHER STORAGE
DEVICES AS A PRECAUTION AGAINST POSSIBLE FAILURES,
ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING
ANY UNIT FOR SERVICE, BE SURE TO BACK UP DATA AND
REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL
INFORMATION. MOTION IS NOT RESPONSIBLE FOR
DAMAGE TO, LOSS OF, OR DISCLOSURE OF ANY
PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA.
MOTION IS NOT RESPONSIBLE FOR THE RESTORATION OR
REINSTALLATION OF ANY PROGRAMS OR DATA OTHER
THAN SOFTWARE INSTALLED BY MOTION WHEN THE
PRODUCT IS MANUFACTURED.
MOTION DOES NOT WARRANT SOFTWARE PRODUCTS,
INCLUDING ANY SOFTWARE PRODUCTS OR THE
OPERATING SYSTEM PREINSTALLED BY MOTION. Motion's
only obligations with respect to software distributed by
Motion under the Motion brand name are set forth in the
applicable end-user license or program license agreement.
Non-Motion hardware and software products are provided
"AS IS. " However, non-Motion manufacturers, suppliers, or
publishers may provide their own warranties directly to
you.
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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 Motion; or
e. Damage or non-functionality due to modifications or
service by anyone other than (i) Motion, (ii) a Motion
authorized service provider, or (iii) your own installation
of end-user replaceable Motion or Motion-approved
parts.

Limitation of liability

IF YOUR MOTION PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE REPAIR OR REPLACEMENT. MOTION'S MAXIMUM
LIABILITY UNDER THIS LIMITED WARRANTY OR RELATED IN
ANY WAY TO THE MOTION 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.
MOTION 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. MOTION 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 MOTION 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
COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT
APPLICABLE STATE OR COUNTRY LAWS FOR A FULL
DETERMINATION OF YOUR RIGHTS.
T008 Safety and Regulatory Guide