32 Section 3D. Novatel Wireless Limited Warranty and Liability
Section 3D
Novatel Wireless Limited Warranty and
Liability
Novatel Wireless warrants for the 12 month period immediately following
receipt of the Product by Purchaser that the Product will be free from
defects in material and workmanship under normal use. 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.
The exclusive remedy for a claim under this warranty shall be limited to
the repair or replacement, at Novatel Wireless’ option, of defective or non-
conforming materials, parts or components. The foregoing warranties do
not extend to (I) non conformities, 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 Wireless’ specification, of failure to follow
prescribed installation, operating and maintenance procedures, (II)
defects, errors or nonconformity’s in the Product due to modifications,
alterations, additions or changes not made in accordance with Novatel
Wireless’ specifications or authorized by Novatel Wireless, (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 consent from Novatel Wireless’ (VII)
products designated by Novatel Wireless as beta site test samples,
experimental, developmental, reproduction, sample, incomplete or out of
specification Products, or (VIII) returned products if the original
identification marks have been removed or altered.