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Terms and Conditions
SMART-AG User Manual Rev 2 11
NovAtel in writing to be confidential and shall not disclose it without NovAtel's prior consent in
writing to any third party or use it other than for the operation and maintenance of any
Equipment provided.
5. GENERAL PROVISIONS: All Purchase Orders are subject to approval and acceptance by
NovAtel. Any Purchase Order or other form from the Purchaser, which purports to expand, alter
or amend these terms and conditions, is expressly rejected and is and shall not become a part
of any agreement between NovAtel and the Purchaser. This agreement shall be interpreted
under the laws of the Province of Alberta.
6. LIMITED WARRANTY AND LIABILITY: Warranty Period: Products - 1 year; Accessories -
90 days (in each case from the date of invoice). NovAtel warrants that during the Warranty
Period that (a) the Product will be free from defects in material and workmanship and conform
to NovAtel specifications; (b) the software will be free from error which materially affect
performance; and (c) if applicable as defined in the User’s Manual, be eligible for access to post
contract support and software updates when available. THESE WARRANTIES ARE
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOVATEL SHALL IN
NO EVENT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE.
Purchaser’s exclusive remedy for a claim under this warranty shall be limited to the repair or
replacement at NovAtel’s option and at NovAtel’s facility, of defective or nonconforming
materials, parts or components or in the case of software, provision of a software revision for
implementation by the Buyer. All material returned under warranty shall be returned to
NovAtel prepaid by the Buyer and returned to the Buyer, prepaid by NovAtel. The foregoing
warranties do not extend to (i) nonconformities, defects or errors in the Products due to
accident, abuse, misuse or negligent use of the Products or use in other than a normal and
customary manner, environmental conditions not conforming to NovAtel’s specifications, or
failure to follow prescribed installation, operating and maintenance procedures, (ii) defects,
errors or nonconformities in the Products due to modifications, alterations, additions or
changes not made in accordance with NovAtel’s specifications or authorized by NovAtel, (iii)
normal wear and tear, (iv) damage caused by force of nature or act of any third person, (v)
shipping damage, (vi) service or repair of Product by the Purchaser without prior written