Spotwave Wireless Inc. ("Spotwave") warrants to the original Purchaser that the Spotwave Z1900 System (the "System") is free from defects in material and workmanship under normal use and service for a period of 12 months from the date of shipment from Spotwave (the "Limited Warranty Period").
This Limited Warranty is conditioned upon proper use of the System by the Purchaser. This Limited Warranty does not cover (and will become null and void in the event of): (a) defects or damage resulting from accident, misuse, abuse, neglect, unusual physical, electrical or electromechanical stress, modification of the System or any part thereof, or cosmetic damage; (b) removal, alteration or defacing of the serial number or other identifying marks on the System; (c) all plastic surfaces and other externally exposed components that are scratched or damaged due to normal use; (d) malfunctions resulting from the use of the System in conjunction with accessories, products or (ancillary) or peripheral equipment not provided by Spotwave; or (e) defects or damage from unauthorized or improper testing, operation, maintenance, installation, servicing or adjustment of the System. Any repairs or replacements provided by Spotwave outside of the Limited Warranty Period (including repairs to or replacement after the end of the Warranty Period), or in excess of the services provided during the Limited Warranty Period, will subject to Spotwave's then prevailing rates.
During the Limited Warranty Period, Spotwave will repair or replace, at Spotwave's sole option, without charge to Purchaser, any defective component of the System, provided that the System is returned promptly upon discovery of the defect and during the Limited Warranty Period. To obtain service, Systems must be returned to an authorized service facility in the original packaging or packaging adequate for shipping, accompanied by Purchaser's sales receipt or comparable substitute proof of sale showing the date of purchase and the serial number of the System. A valid RMA is required prior to any return. To locate your nearest authorized service facility, call Spotwave Customer Service at 1-877-610-9586. Spotwave may, at Spotwave's sole option, use rebuilt, reconditioned, or new parts or components when repairing any System or replace a System with a rebuilt, reconditioned or new System. Repaired Systems will be warranted for a period equal to the remainder of the original Limited Warranty Period for the original System or for 90 days, whichever is longer. All replaced parts, components, boards or equipment shall become the property of Spotwave. If Spotwave determines that any System is not covered by this Limited Warranty, the Purchaser must pay the costs for all parts, shipping, and labor charges for the repair or return of such System.
EXCEPT FOR THE WARRANTY IN PARAGRAPH 1, THE SYSTEMS AND ANY ASSOCIATED SERVICES ARE PROVIDED BY SPOTWAVE ON AS 'AS IS' BASIS AND THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH BY SPOTWAVE. SPOTWAVE DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF DURABILITY, MERCHANT ABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SPOTWAVE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEMS WILL MEET ANY OR ALL OF PURCHASERS' PARTICULAR REQUIREMENTS, THAT THE SYSTEMS WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS OR DEFECTS IN THE SYSTEMS CAN BE FOUND TO BE CORRECTED. System performance is dependant upon the performance and availability of services or technology provided by third parties and Spotwave is not responsible for service continuity and reliability, reception, or other performance related limitations associated with use of the Systems. NO AGREEMENTS VARYING OR EXTENDING THE TERMS OF THIS LIMITED WARRANTY WILL BE BINDING ON SPOTWAVE UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF SPOTWAVE THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THE SYSTEM. SPOTWAVE'S MAXIMUM AGGREGATE LIABILITY TO PURCHASER SHALL NOT EXCEED THE AMOUNTS PAID BY PURCHASER FOR THE SYSTEM GIVING RISE TO THE CLAIM. SPOTWAVE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, LOSS OF USE, DATA OR PROFITS, DAMAGES TO PURCHASER'S PROPERTY, OR INJURY TO PURCHASER OR OTHERS ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE ANY SYSTEM, WHETHER OR NOT SUCH DAMAGE ARISES OUT OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR CLAIMS BY A THIRD PARTY, EVEN IF SPOTWAVE HAS BEEN ADVISED OF SUCH DAMAGES OR THEY ARE FORESEEABLE.
This Limited Warranty allocates risk between Purchaser and Spotwave, and the Spotwave System pricing reflects this allocation of risk and the limitations of liability contained in this Limited Warranty. The agents, employees, distributors, dealers or representative of Spotwave are not authorized to make modifications to this Limited Warranty, or make additional warranties binding on Spotwave. Accordingly, additional statements such as advertising or presentations, whether oral or written, do not constitute warranties by Spotwave and should not be relied upon.
The System is protected by Canadian, US and international patent and copyright law and other intellectual property protection laws and treaties. Purchaser acknowledges that Spotwave and its licensors are the owner of all intellectual property, including, without limitation, patents and copyright, relating to the System and the trademarks used in association with the System. Purchaser agrees that it will not (and will not attempt to) modify, prepare derivative works of, reverse engineer, decompile, disassemble, or other attempt to derive the source code of any software contained within the System.
Risk of loss for the System passes to Purchaser upon the delivery to Purchaser or to a carrier for shipment, which ever is earlier. Title to the Systems (excluding any software) will pass upon payment in full for the Systems. Title to any software shall always remain with Spotwave or its licensors. As security for payment, Purchaser grants to Spotwave a purchase money security interest in the Systems (together with any proceeds, including insurance proceeds) and agrees that a copy of this letter of agreement or any other appropriate document may be registered as required to perfect the security interest granted. Systems may be resold by Purchaser in normal course of business, but until paid for in full, Purchaser will not pledge or otherwise encumber the Systems, Purchaser agrees to immediately report to Spotwave, (i) any seizure or attachment of the Systems by creditors; (ii) any petition in bankruptcy, insolvency, receivership or similar proceedings filed by, or against Purchaser; or (iii) any arrangement, composition or similar agreement for the benefit of creditors. Systems held for Purchaser by Spotwave are at Purchaser's sole risk and expense.
These terms and any software license or warranty documentation accompanying the Systems constitute the complete and exclusive statement of the terms and conditions between us regarding the Systems and cannot be altered, amended or modified except in writing executed by Spotwave. This letter of agreement and any disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable is expressly excluded. Any terms and conditions of any purchase order or other instrument issued by Purchaser which are in addition to or inconsistent with the terms and conditions of this letter of agreement shall not be binding and shall not apply, even if accepted by Spotwave.
Product specifications, pricing, packaging, technical support and information ("Specifications") and all claims, features, representations, and/or comparisons provided are correct to the best of our knowledge on the date of publication, but may contain errors or omissions and are subject to change without notice.
INFORMATION IS PROVIDED BY SPOTWAVE WIRELESS INC. ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS OF THE INFORMATION PROVIDED IS ASSUMED BY YOU. WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED FORTY DOLLARS. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. All product, font and company names are trademarks or registered trademarks of their respective owners.