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End User License and Warranty
Limited Product Warranty
Subject to the conditions hereinafter contained, JACO Inc, (“Seller”) warrants only that its Product conforms to the Seller’s published specifications, if any, and is free from defects in workmanship and material. This warranty extends to the original End User only and is subject to the following exceptions and limitations:
- Software is warranted for one (1) year and is limited to defects of media only,
- Electronics (excluding batteries) is warranted for two (2) years from the original invoice date for defects in workmanship and material,
- Mechanical assemblies are warranted for five (5) years from the original invoice date for defects in workmanship and material,
- Batteries are warranted for one (1) year from the original invoice date for defects in workmanship and material which includes a six (6) month performance warranty from the original invoice date when Buyer meets certain conditions as set forth below:
- Deploys and uses the CartCare software including CartCare FleetManager (provided at no extra cost) to provide additional battery protection and encourage recharging “best practices”,
- Ensures that the batteries are returned to a fully charged condition at least once every 48 hours,
- Ensures that the batteries are not left in a depleted condition (less than 10% of full charge) for more than 10 consecutive hours at anytime,
- Ensures that the batteries are not discharged below 20% of full charge more than 20 times during the warranty period.
- Seller reserves the right to request supporting documentation of such use including Windows EventLogs and usage records and reserves the right to approve or deny warranty claims based on Seller’s sole discretion.
Products whose performance deteriorates due to normal wear and tear are not covered by this warranty. Batteries left in a depleted condition (less than 10% of full charge) for more than three (3) days or are not recharged for three (3) months or longer voids the battery warranty.
Seller’s liability and Buyer’s exclusive remedy under valid warranty claims is limited, at Seller’s sole discretion, to repair or replacement of the Product under the terms and conditions in this limited warranty. All warranty replacement or repair of Products shall be limited to equipment malfunctions, which, in the sole opinion of Seller, are due or traceable to failure of the Product to conform to Seller’s published specifications. All obligations of Seller under this warranty shall cease in the event of abuse, accident, alteration, misuse, neglect, improper or abnormal usage or repairs of the Product. Buyer is required to receive a written Return Goods Authorization Number before returning any Product and is also responsible for proper packaging and prepaid shipping costs. After reviewing the returned product, if Seller determines that repair or replacement is appropriate, Seller then will ship the repaired or replaced Product to Buyer at no additional cost to the Buyer. Products repaired or replaced while under warranty are warranted only for the remaining portion of the original warranty period applicable to the repaired or replaced Product. After expiration of the applicable warranty period and for repairs not covered by Warranty, Buyer shall be charged at the then current prices for parts, labor, and transportation.
Limitation of Liability
Seller is not responsible or liable for indirect, special or consequential damages arising out of or in connection with the use or performance of the Product or other damages with respect to any economic loss, loss of property, loss of revenue or profits, costs of removal, installation or other consequential damages of any nature whatsoever.
Exclusion of Warranties
THIS WARRANTY EXPRESSLY SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY SELLER AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE LIABLE EXCEPT AS SET FORTH HEREIN.
Where component OEM products are incorporated within Seller’s Product, Buyer must exhaust all warranty claims against any such OEM before making a claim under Seller’s warranties.
License of Patents and Copyrights
Seller provides the End User of Seller’s Products a license to use Seller’s patents and copyrights as embodied within the Products only as part of End User’s normal use of Products in accordance with applicable documentation. No licenses to copyrights or patents are extended for any other purpose. License to Seller’s software and firmware as provided as part of the Products are as stated with the license delivered with such Products and no license for software and firmware is extended for use with non-JACO products.
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