Autonet Mobile ANMSTWRTR-01 User Manual - Page 14

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Autonet Mobile Limited Warranty and Liability

NO WARRANTIES OF ANY KIND ARE PROVIDED BY AUTONET MO-

BILE, INC. WITH RESPECT TO THIS PRODUCT, EXCEPT AS STATED IN

AUTONET MOBILE LIMITED WARRANTY BELOW.

AUTONET MOBILE, INC. warrants to the original end user purchaser

("You") that the product shall be free of defects in materials and work-

manship under normal use for one (1) year from the original date of pur-

chase (the "Warranty Period"). THESE WARRANTIES ARE EXPRESSLY IN

LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUD-

ING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MER-

CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND

ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE,

COURSE OF DEALING OR TRADE USAGE.

AUTONET MOBILE, INC.'s exclusive liability and your exclusive remedy

hereunder is expressly limited to, at AUTONET MOBILE INC.'s sole op-

tion and discretion, (a) exchange, repair or replacement of defective or

nonconforming materials, parts or components; or (b) refund of all

amounts paid directly to AUTONET MOBILE, INC. for any defective

product. Replacement products may be new or remanufactured.

THE ABOVE SHALL APPLY WHETHER AUTONET MOBILE, INC.'S LIABIL-

ITY ARISES FROM ANY BREACH OF ITS EXPRESS WARRANTY, BREACH

OF ANY OBLIGATION OR OTHERWISE WITH RESPECT TO THE MAN-

UFACTURE AND SALE OF ANY UNITS OF THE PRODUCT, WHETHER

LIABILITY IS ASSERTED IN CONTRACT OR TORT, INCLUDING NEGLI-

GENCE AND STRICT PRODUCT LIABILITY. IN NO EVENT SHALL AU-

TONET MOBILE, INC. BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL

OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO

ANY CAUSE, REGARDLESSS OF WHETHER AUTONET MOBILE, INC.

HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES OR IF

SUCH DAMAGES ARE FORESEEABLE, OR FOR CLAIMS BY ANY THIRD

PARTY. AUTONET MOBILE INC.'S MAXIMUM AGGREGATE LIABILITY TO

PURCHASER SHALL NOT EXCEED THE AMOUNT PAID BY PURCHASER

FOR THE PRODUCT.

The foregoing warranties do not extend to: (i) nonconformities, defects

or errors in the product due to accident, abuse, misuse or negligent use

of the product or use in other than a normal and customary manner, en-

vironmental conditions not conforming to AUTONET MOBILE, INC.'s

specification, improper installation or failure to follow prescribed oper-

ating and maintenance procedures; (ii) defects, errors or non conformi-

ties in the product due to modifications, alterations, additions or changes

to the product not authorized by AUTONET MOBILE, INC., in writing in

advance; (iii) normal wear and tear; (iv) damage caused by force of nature

or act of any third person, including shipping damage; (v) service or re-

pair of product by the Purchaser without prior written consent from AU-

TONET MOBILE, INC.; (viii) products designated by AUTONET MOBILE,

INC. as beta site test samples, experimental, developmental, reproduc-

tion, sample, incomplete or out-of-specification products; (viii) returned

products if the original identification marks or tamper seals have been re-

moved from the product or altered; (ix) condensation, water or liquid

damage; (x) damage caused to the user's computer; (xi) loss of data; or

(xii) damage caused by viruses. The foregoing limitations will apply even

if any warranty or remedy provided hereunder fails of its essential pur-

pose. This warranty gives you specific legal rights, and You may also have

other rights that vary by jurisdiction. Some jurisdictions do not allow

limitations on how long an implied warranty lasts or the exclusion or

limitation of incidental or consequential damages, so the above warranty

limitations may not apply to You.