TAGG PRODUCT WARRANTY
Contents
1. DUCT SOFTWARE OR SERVICE AS PERMITTED BY APPLICABLE LAW SNAPTRACS IT S MANUFACTURERS SERVICE PROVIDERS LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE AND NON INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS IF SNAPTRACS IT S MANUFACTURERS SERVICE PROVIDERS LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO REPAIR REPLACEMENT OR REFUND AS DETERMINED BY SNAPTRACS IN ITS SOLE DISCRETION No Snaptracs reseller agent partner affiliate or employee is authorized to make any modification extension or addition to these Limited Warranties If any term is held to be illegal or unenforceable the legality or enforceability of the remaining terms shall not be affected or impaired LIMITATION OF LIABILITY SNAPTRACS IT S MANUFACTURERS SERVICE PROVIDERS LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES ARE NOT RESPONSIBLE FOR INDIRECT SPECIAL INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION THE SALE OR USE OF THE PRODUCTS EQUIPMENT OR SOFTWARE OR THE PERFORMANCE OF SERVICES BY SNAPTRACS2. IGENT ACTS AND OR OMISSIONS SNAPTRACS ITS MANUFACTURERS SERVICE PROVIDERS LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES DISCLAIM ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA ALL CLAIMS BY YOU WHETHER IN TORT CONTRACT STRICT LIABILITY OR OTHERWISE MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages so the above limitations or exclusions may not apply in those states However the parties intend for this limitations of liability provision to apply to the maximum extent allowed under applicable law This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision in this Limited Warranty OBTAINING WARRANTY SERVICE Please access and review the online help resources referred to in the documentation accompanying this hardware product before seeking warranty service If the product is still not functioning properly after making use of these resources access the online website www tagg com for instructions on how to obtain warranty service You must follow Snaptracs watranty process Snaptracs may provide wa
3. PURSUANT TO THIS AGREEMENT THE BREACH OF WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY INCLUDING BUT NOT LIMITED TO INCONVENIENCE LOSS OF USE LOSS OF TIME LOSS OF REVENUE LOSS OF ACTUAL OR ANTICIPATED PROFITS INCLUDING LOSS OF PROFITS ON CONTRACTS LOSS OF THE USE OF MONEY LOSS OF ANTICIPATED SAVINGS LOSS OF BUSINESS LOSS OF OPPORTUNITY LOSS OF GOODWILL LOSS OF REPUTATION LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT SNAPTRACS CUMULATIVE LIABILITY WHETHER FOR BREACH OF CONTRACT WARRANTY NEGLIGENCE STRICT LIABILITY IN TORT INDEMNIFICATION CONTRIBUTION OR OTHERWISE SHALL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW BUT NOT TO EXCEED THE PURCHASE PRICE FOR THE HARDWARE PRODUCT YOU HEREBY RELEASE SNAPTRACS IT S MANUFACTURERS SERVICE PROVIDERS LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES FROM ANY AND ALL OBLIGATIONS LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION SNAPTRACS IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGL
4. TAGG PRODUCT WARRANTY STANDARD LIMITED WARRANTY INFORMATION Snaptracs Inc Snaptracs ONE 1 YEAR Limited Product Warranty the Limited Product Warranty SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH YOUR STATE S APPLICABLE LAW THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS UNDER STATE LAW Snaptracs warranty obligations for this hardware product are limited to the terms set forth below Snaptracs warrants that this hardware product if not modified and when used properly and in accordance with the product documentation will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the product for a period of ONE 1 YEAR from the earlier of the date of 1 retail purchase by the original end user purchaser as evidenced by proof of purchase or 11 first use of the product Warranty Period Whether a defect occurs will be determined solely with reference to the published product documentation If a hardware defect arises and a valid claim is received by Snaptracs within the Warranty Period Snaptracs will at its sole and exclusive option and to the e
5. fects are caused by the product being used with or connected to an accessory not approved or certified by Snaptracs i if damage or defects are caused by accident abuse misuse flood fire earthquake or other external causes j if damage or defects are caused by operating the product outside of the permitted or intended uses described by Snaptracs k if damage or defects are caused by service including upgrades and expansions performed by anyone who is not a representative of Snaptracs or a Snaptracs authorized retailer or service provider 1 if a product or part has been modified to alter functionality or capability without the written permission of Snaptracs m if any serial number has been removed or defaced n to a recalled product part or component if a replacement product part or component was made available by Snaptracs 0 to freight costs to ship product to the repair depot or p to commercial use of the product Important Do not open the hardware product itself Opening the hardware product may cause damage that is not covered by this Limited Warranty Only Snaptracs or a Snaptracs authorized service provider should perform service on this hardware product DISCLAIMER OF ALL OTHER WARRANTIES TO THE EXTENT PERMITTED BY LAW THESE LIMITED WARRANTIES AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES REMEDIES AND CONDITIONS WHETHER ORAL OR WRITTEN STATUTORY EXPRESS OR IMPLIED FOR ANY PRO
6. icable law Snaptracs will require that you furnish proof of purchase details and or comply with registration requirements before receiving warranty service Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service Snaptracs policy regarding maintenance and use of customer information is set forth in the Tagg Privacy Policy accessible at www tagg com privacy policy If your product is capable of storing software programs data and other information you should make periodic backup copies of the information contained on the product s hard drive or other storage media to protect the contents and as a precaution against possible operational failures Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of the contents and disable any security passwords IT IS POSSIBLE THAT THE CONTENTS OF YOUR DRIVE WILL BE LOST OR REFORMATTED IN THE COURSE OF WARRANTY SERVICE AND SNAPTRACS AND ITS PARTNERS AGENTS REPRESENTATIVES AND AFFILIATES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF PROGRAMS DATA OR OTHER INFORMATION CONTAINED ON THE MEDIA OR ANY PART OF THE PRODUCT SERVICED Your product will be returned to you configured as originally purchased subject to applicable updates You will be responsible for reinstalling all other software programs data and passwords Recovery and reinstallation of software programs and user data are
7. not covered under this Limited Warranty
8. rranty service i at a Snaptracs authorized retailer or service provider location where service is performed at the location or the Snaptracs authorized retailer or service provider may send the product to a Snaptracs repair service location for service ii by sending you prepaid way bills and if you no longer have the original packaging Snaptracs may send you packaging material to enable you to ship the product to Snaptracs repair service location for service or iii by sending you new or refurbished customer installable replacement product or parts to enable you to service or exchange your own product DIY Service Upon receipt of the replacement product or part the original product or part becomes the property of Snaptracs and you agree to follow instructions including if required arranging the return of original product or part to Snaptracs in a timely manner When providing DIY Service requiring the return of the original product or part Snaptracs may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs If you follow instructions Snaptracs will cancel the credit card authorization so you will not be charged for the product or part and shipping costs If you fail to return the replacement product or part as instructed Snaptracs will charge the credit card for the authorized amount Service options are subject to change at any time In accordance with appl
9. ted Warranty does not apply a if damage or defects are caused by customer abuse accident neglect improper handling utilization or installation or by failing to operate the product in compliance with the user manual quick start guide or other user guides b to consumable parts such as batteries unless damage has occurred due to a defect in materials and workmanship c if damage or defects are caused by the battery being tampered with to cause a short circuit or if the seals of the battery enclosure or the cells are broken or show evidence of tampering d if damage or defects are caused by a defective function of the wireless network or if the product software needs to be upgraded due to changes in wireless network parameters e to cosmetic damage including but not limited to scratches dents broken plastic on parts or any physical damage to the surface of the product f if damage or defects are caused by rough handling or other physical moisture damage or extreme thermal or environmental conditions or a rapid change in such conditions corrosion oxidation unauthorized modifications or connections unauthorized opening or repair repair by use of unauthorized spare parts accidents forces of nature or other actions beyond the reasonable control of Snaptracs g in the case of the docking station and other components other than the tracking device if damage or defects are caused by exposure to moisture or dampness h if damage or de
10. xtent permitted by law either 1 repair the product at no charge using new parts or reconditioned parts equivalent to new in performance and reliability 2 exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product or 3 refund the purchase price of the product but not the purchase price of the Snaptracs service s included with the product provided that you return the product to Snaptracs as provided below Snaptracs may request that you replace defective parts with new or refurbished user installable parts that Snaptracs provides in fulfillment of its warranty obligation A replacement product or part including a user installable part that has been installed in accordance with instructions provided by Snaptracs assumes the remaining warranty of the original product or ninety 90 days from the date of replacement or repair whichever provides longer coverage for you When a product or part is exchanged any replacement item becomes your property and the replaced item becomes Snaptracs property Parts provided by Snaptracs in fulfillment of its warranty obligation must be used in products for which warranty service is claimed When a refund is given Snaptracs may require that the product for which the refund is provided returned to Snaptracs at which time it shall become Snaptracs property EXCLUSION AND LIMITATIONS This Limited Warrant
11. y applies only to the hardware product manufactured by or for Snaptracs that can be identified by the Tagg trademark trade name or logo annexed to it provided however the Limited Warranty does not include accessories even if identified by the Tagg trademark trade name or logo Further the Limited Warranty does not apply to any non Snaptracs hardware product or any software even if packaged or sold with the Snaptracs hardware Manufacturers suppliers or third parties other than Snaptracs may provide their own warranties but Snaptracs to the extent permitted by law provides its products AS IS Software distributed by Snaptracs with or without the Tagg brand name including but not limited to system software is not covered under this Limited Warranty Refer to the End User License Agreement EULA at www tagg com legal or other licensing agreement accompanying the software for details of your rights and obligations with respect to the use of such software Snaptracs does not warrant that the operation of the product will be uninterrupted or error free Snaptracs is not responsible for damage arising from any failure to follow instructions relating to the product s use Transfer or resale of the hardware product will automatically terminate warranty coverage with respect to such product This Limited Warranty is not transferable to any third party including but not limited to any subsequent purchaser owner or user of the product This Limi
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