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.
