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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.