By using this product, you agree to the following provisions which contain limitations on warranties and liabilities and your remedies.
1.1 Definitions. In this End-User Warranty:
(a) “Date of Purchase” means the date indicated on the original bill of sale or receipted invoice for the
(b) “Distributor” means a Choice Wireless authorized
(c) “Product” means any product or service of Choice Wireless including but, not limited to telematic devices, cables, sensors, sims, data connectivity, and etc.
(d) “Choice Wireless” means Choice Wireless Solutions LLC (Also Known as CWS) and any legal entity or entities directly or indirectly controlling, controlled by, or under common control with Choice Wireless “Control” means the right
to exercise, directly or indirectly, more than 50% of the voting rights attributable to the shares, partnership interests, membership shares or similar ownership interest of such controlled entity;
(e) “YOU” and “YOUR” means the individual or entity who originally purchased the Product; and
(f) “Warranty Period” means the period starting on the Date of Purchase and ending, if you have not purchased an extended warranty.
1.2 Headings. Headings have been inserted in these provisions for convenience of reference only and will
not affect their construction.
2.1 Warranty. If YOU are the original end-user purchaser of the Product, Choice Wireless provides YOU with a personal, non-transferable, warranty that, during the Warranty Period:
(a) the Product shall be of good quality and free from defects in design, materials, workmanship and
manufacture under normal use and service for 12 months from the Date of Purchase unless otherwise specified;
(b) all materials, parts, components and other items incorporated in the Product shall be new and
(c) the Product shall comply with, and perform in accordance with, the Product specifications current at the Date of Purchase.
2.2 Warranty Returns. During the Warranty Period, if YOU wish to return a defective Product, YOU must
first contact Choice Wireless via phone or email. 520-261-8302 or RMA@Choice-Telematics.com. See RMA Policy for more details You may then return the defective Product, transportation charges prepaid, accompanied by written proof of purchase (a bill of sale or receipted invoice or activation certificate), and YOUR completed RMA submission form (including the RMA number) to Choice Wireless at the address set out in the RMA submission form.
2.3 If Choice Wireless determines that the Product YOU returned meets the warranty set out in Section 2.1 above (Warranty), Choice Wireless shall, at its expense:
(i) repair the Product, or
(ii) replace the Product with a new or a rebuilt unit
(which may use refurbished parts of similar
quality and functionality);
(b) ship the repaired or replaced unit back to YOU; and
(c) warrant the repaired or replaced Product for the remainder of the original
2.4 Not Covered. This warranty does not cover:
(a) a Product for which YOU are not the original purchaser;
(b) a Product that is returned after the Warranty Period has expired;
(c) a Product that has been installed other than per the Choice Wireless or Manufacturer Installation Guidelines;
(d) a Product that has been maintained, altered or modified, opened (other than per the User Guides) or repaired, other than by Choice Wireless or by a Choice Wireless authorized service center;
(e) a Product that has been used outside of its published maximum ratings or with hardware that is electrically or mechanically incompatible;
(f) a Product on which the serial number has been altered, removed or rendered illegible;
(g) a Product that has been physically damaged, other than by Choice Wireless or a Choice Wireless authorized service center;
(h) a Product that experiences signal reception problems, unless caused by a defect in material(s) or workmanship in the Product;
(i) the cost of installation, removal or reinstallation of the Product, or the cost of shipping the defective Product
to Choice Wireless; accidents, failure to follow instructions, use outside the scope of any other provided documentation (e.g., user guide, installation guide, quick start guide), misuse, abuse, neglect, fire, flood, or acts of God;
(k) technical assistance to install and operate the Product; or
(l) any warranties provided to YOU by the Distributor.
2.5 Out of Warranty. YOU shall pay Choice Wireless for all reasonable parts, labor and shipping charges incurred by Choice Wireless to repair or replace a defective Product that, per Section 2.4 above (Not Covered) is not covered by this End-User Warranty.
3. EXCLUSIONS & LIMITATIONS.
3.1 No Other Remedies or Warranties. Your Sole Remedy Under This End-User Warranty Is Repair Or Replacement Of The Affected Product. To The Extent Permitted By Applicable Law, Choice Wireless Expressly Disclaims All Warranties, Representations Or Conditions Of Any Kind, Express Or Implied Or Statutory, Written Or Oral, With Respect To The Product, Including, But Not Limited To Any Warranty Of Infringement, Merchantable Quality Or Fitness For A Particular Purpose.
3.2 Consequential Damages. In No Event Shall Choice Wireless, Its Directors, Officers, Employees, Suppliers And Agents, Be Liable For Injury To Persons Or Property, Or For Any Indirect, Special, Incidental Or Consequential, Punitive or Exemplary Damages, Including Loss Of Profits Or Revenues, Lost Or Damaged Data, Failure To Realize Expected Savings, Claims Against Them By Third Parties, Or Any Other Commercial Or Economic Losses Of Any Kind, Whether Based On Contract, Tort (Including Theories Of Negligence, Recklessness, Strict Liability, Or Defective Product Liability) Or Any Other Legal Theory, Even If Advised Of The Possibility Of Such Damages Or They are Forseeable, Arising Out Of Your Use Of or Inability To Use The Product.
3.3 Maximum Liability. The Total Liability Of Choice Wireless For Failure To Fulfill Its Warranty Obligations, And Of Choice Wireless, Its Directors, Officers, Employees, Suppliers And Agents, For Any Other Liability Under, Or In Connection With This Product, Regardless Of The Number Of Events, Occurrences Or Claims Giving Rise To Liability, Shall Be Limited To The Amount You Paid For The Product.
3.4 Some jurisdictions do not allow the exclusion of implied warranties and conditions and do not permit the exclusion or limitation of certain damages. Therefore, the exclusions set out in this End-User Warranty may not apply to YOU.
4.1 Governing Law & Disputes. All claims or disputes arising under or in connection with this End-User Warranty shall be submitted to arbitration before a single arbitrator under the rules of The American Arbitration Association. The laws of the State of Arizona and the laws of the United States applicable therein shall govern all such claims or disputes (without
giving effect to principles of conflicts of laws). The location of the arbitration shall be Phoenix, Arizona.
4.2 Severability. Any provision of this End-User Warranty which is, or is deemed to be, unenforceable inany jurisdiction shall be severable from this End-User Warranty in that jurisdiction, without in any way invalidating the remaining provisions of this End-User Warranty and any such unenforceability in that jurisdiction shall not make that provision unenforceable
in any other jurisdiction.
4.3 Modifications. This End-User Warranty shall not be modified except by a document signed and made
part of this Agreement by an authorized signing officer of Choice Wireless.
4.4 Waiver. A waiver of any right, obligation or default will shall only be effective if it is in writing and signed
by the party against whom the waiver is sought to be enforced. Any particular waiver of any right, obligation
or default will not be construed as a waiver of any subsequent or other right, obligation or default. The remedies of each party shall be cumulative and not exclusive.
4.5 Notices. All notices shall be in writing, shall be signed by the party giving notice, and shall be effective
on receipt. If a notice duly signed by the party giving notice is transmitted to the other party by facsimile
or as a pdf attachment to an e-mail, the facsimile transmission or pdf attachment will be deemed
an executed original of the notice and of such signature.
4.6 Assignment. YOU may not assign this Agreement, in whole or in part, without the prior written consent
of Choice Wireless.
4.7 Entire Agreement. This End-User Warranty constitutes the entire agreement between the YOU and
Choice Wireless on the subject matter and supersedes any prior agreement or understanding, written