Livingston Enterprises Warranty Policy 1. dba Distracted Driving Device
Distracted Driving Device’s warranty obligations are limited to the terms set forth below: Distracted Driving Device, as defined below, warrants its Distracted Driving Device-branded hardware products against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of original retail purchase (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, DISTRACTED DRIVING DEVICE AT ITS SOLE OPTION AND DISCRETION will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, or (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product (see Section 4.1.1). Distracted Driving Device may request that Customer replace defective parts with new or refurbished Customer-installable parts that Distracted Driving Device provides in complete fulfillment of its warranty obligation. A replacement product or part, including a Customer- installable part that has been installed in accordance with instructions provided by Distracted Driving Device, assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for Customer. When a product or part is exchanged, any replacement item becomes Customer’s property and the replaced item becomes Distracted Driving Device’s property. Parts provided by Distracted Driving Device in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. If repair or replacement as termed herein requires that Customer have the Vehicle brought to an appropriate venue (e.g. Dealership that sold Vehicle), Customer must assist fully in requiring Consumer to comply with this need.
After Distracted Driving Device receives a warranty claim, it conducts a thorough test of the hardware to determine if the hardware is defective. If the hardware is deemed to be non-defective or otherwise falls outside the Distracted Driving Device warranty, Distracted Driving Device has the right to recover the costs associated with this testing (including shipping and other costs) from Customer, as detailed herein. These Fees, if applicable, are assessed for service and handling of hardware devices outside of the valid warranty claims.
DEVICES within the Warranty Period:
1.1.1. If the hardware is found to be defective and the hardware is within the valid warranty period,
Distracted Driving Device will repair or replace the hardware as mentioned above at Distracted Driving Device’s expense and shall ship units back to Customer free of charge. (Customer is still responsible for cost of shipping units to Distracted Driving Device). (Subject to the terms of Sec. 4.2.2)
1.1.2. If the hardware is found to NOT be defective and is within the valid warranty period, Distracted Driving Device will charge Customer $25.00 per device in addition to any applicable return shipping charges. (Subject to the terms of Sec. 4.2.2)
DEVICES outside the Warranty Period: 1.1.3. Any device outside of the valid warranty period shall not be covered by any warranty per this agreement. However, Distracted Driving Device may, at its sole discretion, choose to refurbish devices outside the valid warranty period and offer, at its sole discretion, refurbished devices for sale to the original purchaser for a charge to be determined by Distracted Driving Device.
1.2 EXCLUSIONS AND LIMITATIONS
1.2.1. The Limited Warranty applies only to hardware products manufactured by or for Distracted Driving Device that can be identified by the “Distracted Driving Device” trademark, trade name, or logo affixed to them (and/or the trademark, trade name, or logo of any of Distracted Driving Device’s products). The Limited Warranty does not apply to any non-Distracted Driving Device products or any software, even if packaged or sold with Distracted Driving Device hardware. Manufacturers, suppliers, or publishers, other than Distracted Driving Device, may provide their own warranties to the Consumer purchaser, but Distracted Driving Device, in so far as permitted by law, provides their products “as is”.
1.2.2. This warranty DOES NOT apply: (a) to damage caused by use with non-Distracted Driving Device products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) damage caused by operating the product outside the permitted or intended uses described by Distracted Driving Device, including but not limited to instances of improper installation and (d) to a product or
Proprietary and Confidential GHSAV1.9 HC v1.9 (c) 2007-2016 Livingston Enterprises, LLC. All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, internet or website, or otherwise, without prior written permission of Livingston Enterprises. or Distracted Driving Device®
Distracted Driving Device Warranty Policy 2
a part that has been modified to significantly alter functionality or capability without written permission of Distracted Driving Device; (e) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; or (f) if any Distracted Driving Device serial number has been removed or defaced; (g) if any Distracted Driving Device seals are broken.
1.2.3. To the extent permitted by law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. As permitted by applicable law, Distracted Driving Device specifically disclaims any and all statutory or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose and warranties against hidden or latent defects. If Distracted Driving Device cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by Distracted Driving Device in its sole discretion. No Distracted Driving Device reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty – AND ANY ATTEMPT TO DO SO SHALL BE DEEMED VOID AS A MATTER OF LAW.
1.2.4. Except as provided in this warranty and to the extent permitted by law, Distracted Driving Device is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of opportunity; loss of goodwill; loss of reputation; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, punitive damages, any costs of recovering, programming, or reproducing any program or data stored or used with Distracted Driving Device products and any failure to maintain the confidentiality of data stored on the product. The foregoing limitation shall not apply to death or personal injury claims. Distracted Driving Device disclaims any representation that it will be able to repair any product under this warranty or make a product exchange without risk to or loss of the programs or data.
1.3 OBTAINING WARRANTY SERVICE
1.3.1. To request a warranty return Customer must FIRST speak with a Distracted Driving Device representative at provided phone number to obtain a case number/return authorization number (RA #). Any/All returns must include the Return Merchandise Form. A warranty received by Distracted Driving Device without a Return Merchandise Form WILL NOT be processed until the form is received by Distracted Driving Device. Customer must pay costs of shipping warranty units to Distracted Driving Device. Distracted Driving Device will ship warranty back to Customer at no cost, provided unit(s) is found to be defective and within the warranty period. Provided that Customer has included a RMA form with their warranty request, Distracted Driving Device will use commercially reasonable efforts to process each warranty claim within thirty (30) days of receiving the shipment from Customer.
1.3.2. Warranty Units must be received by Distracted Driving Device PRIOR to any exchange or replacement. Units will not be replaced or removed from Customer’s inventory until they are received and complete testing by Distracted Driving Device.
1.3.3. Distracted Driving Device makes no warranty that the wireless service will meet Customer’s requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does Distracted Driving Device make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.
1.3.4. Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at Customer’s own discretion and risk and that Customer will be solely responsible for any damage to Customer’s computer system or loss of data that results from the download of such material and/or data.
1.3.5. No advice or information, whether oral or written, obtained by Customer from Distracted Driving Device or through the service shall create any warranty not expressly made herein.
Proprietary and Confidential GHSAV1.9 HC v1.9 (c) 2007-2016 Livingston Enterprises, LLC. All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, internet or website, or otherwise, without prior written permission of Livingston Enterprises, LLC or Distracted Driving Device ®