Terms and Conditions
NovAtel in writing to be confidential and shall not disclose it without NovAtel's prior consent in writing to any third party or use it other than for the operation and maintenance of any Equipment provided.
5.GENERAL PROVISIONS: All Purchase Orders are subject to approval and acceptance by NovAtel. Any Purchase Order or other form from the Purchaser, which purports to expand, alter or amend these terms and conditions, is expressly rejected and is and shall not become a part of any agreement between NovAtel and the Purchaser. This agreement shall be interpreted under the laws of the Province of Alberta.
6.LIMITED WARRANTY AND LIABILITY: Warranty Period: Products - 1 year; Accessories -
90days (in each case from the date of invoice). NovAtel warrants that during the Warranty Period that (a) the Product will be free from defects in material and workmanship and conform to NovAtel specifications; (b) the software will be free from error which materially affect performance; and (c) if applicable as defined in the User’s Manual, be eligible for access to post contract support and software updates when available. 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. NOVATEL SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE.
Purchaser’s exclusive remedy for a claim under this warranty shall be limited to the repair or replacement at NovAtel’s option and at NovAtel’s facility, of defective or nonconforming materials, parts or components or in the case of software, provision of a software revision for implementation by the Buyer. All material returned under warranty shall be returned to NovAtel prepaid by the Buyer and returned to the Buyer, prepaid by NovAtel. The foregoing warranties do not extend to (i) nonconformities, 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’s specifications, or failure to follow prescribed installation, operating and maintenance procedures, (ii) defects, errors or nonconformities in the Products due to modifications, alterations, additions or changes not made in accordance with NovAtel’s specifications or authorized by NovAtel, (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
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