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Choice Wireless Solutions Warranty

  Warranty

By using this product, you agree to the following

provisions which contain limitations on warranties

and liabilities and your remedies.

1. DEFINITIONS.

1.1 Definitions. In this End-User Warranty:

(a) “Date of Purchase” means the date indicated on the

original bill of sale or receipted invoice for the

product.  

(b) “Distributor” means a Choice Wireless authorized

distributor;

(c) “Product” means any product or service of Choice Wireless including but, not limited to telematic devices, cables, sensors, sims, data connectivity, and etc. 

(d) “Choice Wireless” means Choice Wireless Solutions LLC (Also Known as CWS) and any legal entity or entities directly or indirectly

controlling, controlled by, or under common control

with Choice Wireless  “Control” means the right

to exercise, directly or indirectly, more than 50% of

the voting rights attributable to the shares,

partnership interests, membership shares or similar

ownership interest of such controlled entity;

(e) “YOU” and “YOUR” means the individual or entity

who originally purchased the Product; and

(f) “Warranty Period” means the period starting on the

Date of Purchase and ending, if you have not

purchased an extended warranty. 

1.2 Headings. Headings have been inserted in these

provisions for convenience of reference only and will

not affect their construction.

2. WARRANTY

2.1 Warranty. If YOU are the original end-user purchaser

of the Product, Choice Wireless provides YOU

with a personal, non-transferable, warranty that, during

the Warranty Period:

(a) the Product shall be of good quality and free from

defects in design, materials, workmanship and

manufacture under normal use and service for 12 months from the Date of Purchase unless otherwise specified;

(b) all materials, parts, components and other items

incorporated in the Product shall be new and

(c) the Product shall comply with, and perform in accordance

with, the Product specifications current at the

Date of Purchase.

2.2 Warranty Returns. During the Warranty Period, if

YOU wish to return a defective Product, YOU must

first contact Choice Wireless via phone or email. 520-261-8302 or RMA@Choice-Telematics.com

See RMA Policy for more details

You may then return the defective Product, transportation

charges prepaid, accompanied by written proof

of purchase (a bill of sale or receipted invoice or activation

certificate), and YOUR completed RMA submission

form (including the RMA number) to Choice

Wireless at the address set out in the RMA submission

form.

2.3 If Choice Wireless determines that the Product YOU

returned meets the warranty set out in Section 2.1

above (Warranty), Choice Wireless shall, at its

expense:

(a) either:

(i) repair the Product, or

(ii) replace the Product with a new or a rebuilt unit

(which may use refurbished parts of similar

quality and functionality);

(b) ship the repaired or replaced unit back to YOU; and

(c) warrant the repaired or replaced Product for the remainder of the original

Warranty Period.

2.4 Not Covered. This warranty does not cover:

(a) a Product for which YOU are not the original

purchaser;

(b) a Product that is returned after the Warranty Period

has expired;

(c) a Product that has been installed other than per the

Choice Wireless or Manufacturer Installation Guidelines;

(d) a Product that has been maintained, altered or

modified, opened (other than per the 

User Guides) or repaired, other than by

Choice Wireless or by a Choice Wireless authorized

service center;

(e) a Product that has been used outside of its published

maximum ratings or with hardware that is electrically

or mechanically incompatible;

(f) a Product on which the serial number has been

altered, removed or rendered illegible;

(g) a Product that has been physically damaged, other

than by Choice Wireless or a Choice Wireless authorized

service center;

(h) a Product that experiences signal reception

problems, unless caused by a defect in material(s) or

workmanship in the Product;

(i) the cost of installation, removal or reinstallation of the

Product, or the cost of shipping the defective Product

to Choice Wireless;

accidents, failure to follow instructions, use outside

the scope of any other provided documentation (e.g.,

user guide, installation guide, quick start guide),

misuse, abuse, neglect, fire, flood, or acts of God;

(k) technical assistance to install and operate the

Product; or

(l) any warranties provided to YOU by the Distributor.

2.5 Out of Warranty. YOU shall pay Choice Wireless for

all reasonable parts, labor and shipping charges

incurred by Choice Wireless to repair or replace a

defective Product that, per Section 2.4 above (Not

Covered) is not covered by this End-User Warranty.

3. EXCLUSIONS & LIMITATIONS.

3.1 No Other Remedies or Warranties. Your Sole

Remedy Under This End-User Warranty Is Repair Or

Replacement Of The Affected Product. To The

Extent Permitted By Applicable Law, Choice Wireless

Expressly Disclaims All Warranties, Representations

Or Conditions Of Any Kind, Express Or Implied Or

Statutory, Written Or Oral, With Respect To The

Product, Including, But Not Limited To Any Warranty

Of Infringement, Merchantable Quality Or Fitness

For A Particular Purpose.

3.2 Consequential Damages. In No Event Shall Choice

Wireless, Its Directors, Officers, Employees, Suppliers

And Agents, Be Liable For Injury To Persons Or

Property, Or For Any Indirect, Special, Incidental Or

Consequential, Punitive or Exemplary Damages,

Including Loss Of Profits Or Revenues, Lost Or Damaged

Data, Failure To Realize Expected Savings,

Claims Against Them By Third Parties, Or Any Other

Commercial Or Economic Losses Of Any Kind,

Whether Based On Contract, Tort (Including Theories

Of Negligence, Recklessness, Strict Liability, Or

Defective Product Liability) Or Any Other Legal Theory,

Even If Advised Of The Possibility Of Such Damages

Or They are Forseeable, Arising Out Of Your

Use Of or Inability To Use The Product.

3.3 Maximum Liability. The Total Liability Of Choice

Wireless For Failure To Fulfill Its Warranty Obligations,

And Of Choice Wireless, Its Directors, Officers,

Employees, Suppliers And Agents, For Any Other

Liability Under, Or In Connection With This Product,

Regardless Of The Number Of Events, Occurrences

Or Claims Giving Rise To Liability, Shall Be Limited

To The Amount You Paid For The Product.

3.4 Some jurisdictions do not allow the exclusion of

implied warranties and conditions and do not permit

the exclusion or limitation of certain damages. Therefore,

the exclusions set out in this End-User Warranty

may not apply to YOU.

4. GENERAL.

4.1 Governing Law & Disputes. All claims or disputes

arising under or in connection with this End-User

Warranty shall be submitted to arbitration before a

single arbitrator under the rules of The American

Arbitration Association. The laws of the State of Arizona

and the laws of the United States applicable

therein shall govern all such claims or disputes (without

giving effect to principles of conflicts of

laws). The location of the arbitration shall be Phoenix, Arizona.

4.2 Severability. Any provision of this End-User Warranty

which is, or is deemed to be, unenforceable in

any jurisdiction shall be severable from this End-

User Warranty in that jurisdiction, without in any way

invalidating the remaining provisions of this End-

User Warranty and any such unenforceability in that

jurisdiction shall not make that provision unenforceable

in any other jurisdiction.

4.3 Modifications. This End-User Warranty shall not

be modified except by a document signed and made

part of this Agreement by an authorized signing officer

of Choice Wireless.

4.4 Waiver. A waiver of any right, obligation or default

will shall only be effective if it is in writing and signed

by the party against whom the waiver is sought to be

enforced. Any particular waiver of any right, obligation

or default will not be construed as a waiver of

any subsequent or other right, obligation or default.

The remedies of each party shall be cumulative and

not exclusive.

4.5 Notices. All notices shall be in writing, shall be

signed by the party giving notice, and shall be effective

on receipt. If a notice duly signed by the party

giving notice is transmitted to the other party by facsimile

or as a pdf attachment to an e-mail, the facsimile

transmission or pdf attachment will be deemed

an executed original of the notice and of such signature.

4.6 Assignment. YOU may not assign this Agreement,

in whole or in part, without the prior written consent

of Choice Wireless.

4.7 Entire Agreement. This End-User Warranty constitutes

the entire agreement between the YOU and

Choice Wireless on the subject matter and supersedes

any prior agreement or understanding, written

or oral.

Copyright © 2021 Choice Wireless Solutions - All Rights Reserved.

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