1 WARRANTY OBLIGATIONS
Distracted Driving Device, LLC, a Florida limited liability company (“DDD”) warrants the Distracted Driving Device (the “Device”) against defects in materials and workmanship under normal use for a period of one (1) year from the date of original purchase (the “Warranty Period”) by Customer. If a hardware defect arises and a valid claim is received within the Warranty Period, DDD 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. DDD may request that you replace defective parts with new or refurbished Customer-installable parts that DDD 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 DDD, assumes the remaining warranty of the original product for ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes DDD’s property. Parts provided by DDD 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. the dealership that sold the Device), Customer must comply with this requirement.
2.1 After DDD 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 DDD warranty, DDD has the right to recover the costs associated with this testing (including shipping and other costs) from you, as detailed herein (“Fees”). These Fees, if applicable, are assessed for service and handling of hardware devices outside of the valid warranty claims.
3 WARRANTY SERVICE
3.1 Within the Warranty Period
If the hardware is found to be defective and the hardware is within the Warranty Period, DDD will repair or replace the hardware as mentioned above at DDD’s expense and shall ship units back to Customer free of charge. (Customer is still responsible for cost of shipping units to DDD’s warranty service center (the “Warranty Service Center”). If the hardware is found to NOT be defective and is within the valid warranty period, DDD will charge Customer $25.00 per device in addition to any applicable return shipping charges.
3.2 Outside the Warranty Period
Any Device outside of the Warranty Period shall not be covered by any warranty per this agreement. However, DDD 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 DDD.
4 EXCLUSIONS AND LIMITATIONS
4.1 This Limited Warranty applies only to Devices manufactured for DDD by or for Gordon*Howard Associates, Inc., a Colorado corporation doing business as PassTime GPS Tracking Solutions (“PASSTIME”) and any accompanying software sold to DDD by PASSTIME (collectively PASSTIME Products”). The Limited Warranty does not apply to any non-PASSTIME Products or any software.
4.2 This Limited Warranty does not apply: (a) to damage caused by use with non-PASSTIME Products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) damage caused by operating the Device outside the permitted or intended uses described by DDD, including but not limited to instances of improper installation and tampering; (d) to a product or a part that has been modified to significantly alter functionality or capability without written permission DDD; (e) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; or (f) if any PASSTIME serial number has been removed or defaced; (g) if any PASSTIME hardware seals are broken.
4.3 To the extent permitted by law, this Limited 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, DDD 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 DDD 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 DDD in its sole discretion. No DDD reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty, and any attempt to do so shall be deemed void as a matter of law.
4.4 Except as provided in this Limited Warranty and to the extent permitted by law, DDD 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 DDD products and any failure to maintain the confidentiality of data stored on the product. DDD disclaims any representation that it will be able to repair any product under this Limited Warranty or make a product exchange without risk to or loss of the programs or data.
5 OBTAINING WARRANTY SERVICE
5.1 To request a warranty return Customer must first speak with a DDD representative at 1-800-579-9077 to obtain a case number/return authorization number (RA #) for use on return documentation as provided by DDD (“Return Merchandise Form”). Any and all returns must include the Return Merchandise Form and RA #. Returns received by the Warranty Service Center without a Return Merchandise Form and RA # will not be processed until the form is received by the Warranty Service Center. Customer must pay costs of shipping warranty units to DDD. the Warranty Service Center will pay to ship warranty units back to Customer, provided unit(s) is(are) found to be defective and within the Warranty Period. Provided that Customer has included a Return Merchandise Form with their warranty request, DDD will use commercially reasonable efforts to process each warranty claim within thirty (30) days of receiving the shipment from Customer.
5.2 Devices must be received by the Warranty Service Center prior to any exchange or replacement. Units will not be replaced until they are received and testing completed by the Warranty Service Center.
5.3 DDD makes no warranty that the wireless service (the “Service”) with which the Device is operated will meet Customer’s requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does DDD 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.
5.4 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.
5.5 No advice or information, whether oral or written, obtained by Customer from DDD or through the Service shall create any warranty not expressly made herein.