Accessory Limited Warranty

Accessory Limited Warranty

 

The accessory provided to YOU and intended for use in conjunction with YOUR specific model of Debit Tracker (the “Accessory”), will be free from defects in workmanship and materials for a period that is the shorter of: (a) one (1) year from the date that the Accessory was first purchased by YOU as an original end-user (“YOU”) and (b) the period ending upon: (1) YOUR breach or termination of the Debit Tracker End-User/Software License Agreement (the “License Agreement”) entered into between YOU and Debit Tracker, Inc. (“Debit Tracker”), or (2) YOUR breach of: (i) this Limited Warranty, (ii) the Limited Warranty provided with the Debit Tracker, (iii) any limited warranty provided with any Debit Tracker accessories or external batteries, or (iv) the safety information provided with the Accessory and/or the Debit Tracker (the “Warranty Period”). This Limited Warranty is not transferable. During the Warranty Period, the Accessory will be repaired or replaced at Debit Tracker’s option, without charge to YOU for either parts or labor. If the Accessory is repaired or replaced during the Warranty Period, the Warranty Period will expire, upon the later of the 91st day after repair or replacement or one year from the date of original purchase. This Limited Warranty does not apply to normal wear and tear or if the Accessory or any component thereof is opened or repaired by someone not authorized by

Debit Tracker, and does not cover repair or replacement of any Accessory damaged by: misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect, misapplication, or defects due to repairs or modifications made by anyone other than Debit Tracker. This Limited Warranty does not cover physical damage to the surface of the Accessory. This Limited Warranty does not apply to any equipment other than the Accessory. This Limited Warranty also does not apply if the malfunction results from the use of the Accessory in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by Debit Tracker, and where it is determined by Debit Tracker that such malfunction is not the fault of the Accessory itself. Additionally, if malfunction results from the failure of the user to abide by the Safety Information provided with the Accessory or provided with any component of the Debit Tracker, which comprises the Debit Tracker Handheld, any Debit Tracker accessories, including external batteries and SIM cards, the Debit Tracker Desktop

Software, and the associated documentation, the Limited Warranty may be void, and if it is not void, it shall not apply. Please consult the documentation provided with the Accessory for instructions on how to obtain customer support for YOUR Accessory. Any repair or replacement pursuant to this limited warranty could be requested by You from Debit Tracker.

 

REPAIR OR REPLACEMENT OF THE ACCESSORY AS PROVIDED HEREIN IS THE EXCLUSIVE REMEDY PROVIDED TO YOU. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND EXCEPT AS SET OUT HEREIN ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. DEBIT TRACKER SHALL NOT BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE LIKE AND PERSONAL INJURY OR WRONGFUL DEATH DAMAGES) ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ACCESSORY, EVEN IF DEBIT TRACKER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT (INCLUDING NEGLIGENCE) OR CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. IN NO EVENT SHALL DEBIT TRACKER’S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE ACCESSORY YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE ACCESSORY, WHICHEVER IS GREATER.

 

Waiver by Debit Tracker of any default will not be deemed a continuing waiver of such default or a waiver of any other default. This Limited Warranty is to be construed under the laws of the State of Indiana, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. Any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and binding arbitration to be conducted in by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association. No dispute between the parties, or involving any person but YOU, may be joined or combined together, without the prior written consent of Debit Tracker. If a provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Limited Warranty, but rather (unless a failure of consideration would result therefrom) the Limited Accessory Limited Warranty.