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.
