Warranty Notice - Hemisphere GPS V104n User Manual

Warranty Notice

COVERED PRODUCTS: This warranty covers all products manufactured by Hemisphere GNSS and purchased by the end purchaser (the
"Products"), unless otherwise specifically and expressly agreed in writing by Hemisphere GNSS.
LIMITED WARRANTY: Hemisphere GNSS warrants solely to the end purchaser of the Products, subject to the exclusions and procedures
set forth below, that the Products sold to such end purchaser and its internal components shall be free, under normal use and maintenance,
from defects in materials, and workmanship and will substantially conform to Hemisphere GNSS' applicable specifications for the Product,
for a period of 12 months from delivery of such Product to such end purchaser (the "Warranty Period"). Repairs and replacement
components for the Products are warranted, subject to the exclusions and procedures set forth below, to be free, under normal use and
maintenance, from defects in material and workmanship, and will substantially conform to Hemisphere GNSS' applicable specifications for
the Product, for 90 days from performance or delivery, or for the balance of the original Warranty Period, whichever is greater.
EXCLUSION OF ALL OTHER WARRANTIES. The LIMITED WARRANTY shall apply only if the Product is properly and correctly installed,
configured, interfaced, maintained, stored, and operated in accordance with Hemisphere GNSS' relevant User's Manual and Specifications,
AND the Product is not modified or misused. The Product is provided "AS IS" and the implied warranties of MERCHANTABILITY and
FITNESS FOR A PARTICULAR PURPOSE and ALL OTHER WARRANTIES, express, implied or arising by statute, by course of dealing or by
trade usage, in connection with the design, sale, installation, service or use of any products or any component thereof, are EXCLUDED from
this transaction and shall not apply to the Product. The LIMITED WARRANTY is IN LIEU OF any other warranty, express or implied, including
but not limited to, any warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE, title, and non-infringement.
LIMITATION OF REMEDIES. The purchaser's EXCLUSIVE REMEDY against Hemisphere GNSS shall be, at Hemisphere GNSS' option, the
repair or replacement of any defective Product or components thereof. The purchaser shall notify Hemisphere GNSS or a Hemisphere GNSS'
approved service center immediately of any defect. Repairs shall be made through a Hemisphere GNSS approved service center only.
Repair, modification or service of Hemisphere GNSS products by any party other than a Hemisphere GNSS approved service center shall
render this warranty null and void. The remedy in this paragraph shall only be applied in the event that the Product is properly and correctly
installed, configured, interfaced, maintained, stored, and operated in accordance with Hemisphere GNSS' relevant User's Manual and
Specifications, AND the Product is not modified or misused. NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY, OR
ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO PURCHASER, even if Hemisphere GNSS has been advised
of the possibility of such damages. Without limiting the foregoing, Hemisphere GNSS shall not be liable for any damages of any kind
resulting from installation, use, quality, performance or accuracy of any Product.
HEMISPHERE IS NOT RESPONSIBLE FOR PURCHASER'S NEGLIGENCE OR UNAUTHORIZED USES OF THE PRODUCT. IN NO
EVENT SHALL Hemisphere GNSS BE IN ANY WAY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM PURCHASER'S OWN
NEGLIGENCE, OR FROM OPERATION OF THE PRODUCT IN ANY WAY OTHER THAN AS SPECIFIED IN Hemisphere GNSS'S RELEVANT
USER'S MANUAL AND SPECIFICATIONS. Hemisphere GNSS is NOT RESPONSIBLE for defects or performance problems resulting from (1)
misuse, abuse, improper installation, neglect of Product; (2) the utilization of the Product with hardware or software products, information,
data, systems, interfaces or devices not made, supplied or specified by Hemisphere GNSS; (3) the operation of the Product under any
specification other than, or in addition to, the specifications set forth in Hemisphere GNSS' relevant User's Manual and Specifications; (4)
damage caused by accident or natural events, such as lightning (or other electrical discharge) or fresh/salt water immersion of Product; (5)
damage occurring in transit; (6) normal wear and tear; or (7) the operation or failure of operation of any satellite-based position system or
differential correction service; or the availability or performance of any satellite-based position signal or differential correction signal.
THE PURCHASER IS RESPONSIBLE FOR OPERATING THE VEHICLE SAFELY. The purchaser is solely responsible for the safe
operation of the vehicle used in connection with the Product, and for maintaining proper system control settings. UNSAFE DRIVING OR
SYSTEM CONTROL SETTINGS CAN RESULT IN PROPERTY DAMAGE, INJURY, OR DEATH. The purchaser is solely responsible for his/her
safety and for the safety of others. The purchaser is solely responsible for maintaining control of the automated steering system at all times.
THE PURCHASER IS SOLELY RESPONSIBLE FOR ENSURING THE PRODUCT IS PROPERLY AND CORRECTLY INSTALLED, CONFIGURED,
INTERFACED, MAINTAINED, STORED, AND OPERATED IN ACCORDANCE WITH Hemisphere GNSS'S RELEVANT USER'S MANUAL AND
SPECIFICATIONS. Hemisphere GNSS does not warrant or guarantee the position and navigation precision or accuracy obtained when using
Products. Products are not intended for primary navigation or for use in safety of life applications. The potential accuracy of Products as
stated in Hemisphere GNSS literature and/or Product specifications serves to provide only an estimate of achievable accuracy based on
performance specifications provided by the satellite service operator (i.e. US Department of Defense in the case of GPS) and differential
correction service provider. Hemisphere GNSS reserves the right to modify Products without any obligation to notify, supply or install any
improvements or alterations to existing Products.
GOVERNING LAW. This agreement and any disputes relating to, concerning or based upon the Product shall be governed by and
interpreted in accordance with the laws of the State of Arizona.
OBTAINING WARRANTY SERVICE. In order to obtain warranty service, the end purchaser must bring the Product to a Hemisphere GNSS
approved service center along with the end purchaser's proof of purchase. Hemisphere GNSS does not warrant claims asserted after the end
of the warranty period. For any questions regarding warranty service or to obtain information regarding the location of any of Hemisphere
GNSS approved service center, contact Hemisphere GNSS at the following address:
Hemisphere GNSS
8444 N. 90th Street, Suite 120
Scottsdale, AZ 85258
Phone: 480-348-6380 Fax: 480-270-5070
techsupport@hemispheregnss.com
www.hemispheregnss.com