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172 Section 5B: Terms and Conditions
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.