Handheld Limited Warranty

 

Debit Tracker Handheld Limited Warranty

 

The Debit Tracker Handheld, and any other Debit Tracker hardware accessories, excluding external batteries and SIM cards, which are provided to YOU concurrently and in conjunction with the Debit Tracker Handheld specifically for use with YOUR particular model of Debit Tracker Handheld (which together comprise the Debit Tracker Hardware), will be free from defects in workmanship and materials for a period that is the shorter of (i) one (1) year from the date that the new Debit Tracker Handheld was first purchased by YOU as an original end user (“YOU”) and (ii) the period ending upon YOUR breach of the Debit Tracker End User/Software License Agreement (the “License Agreement”) entered into between YOU and Debit Tracker, Inc. (“Debit Tracker”). This Limited Warranty is not transferable. During the Warranty Period, the Debit Tracker Hardware, or one or more of the Debit Tracker Hardware components, will be repaired or replaced at Debit Tracker’s option, without charge to YOU for either parts or labor. If the Debit Tracker Hardware (or component thereof) 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 any component of the Debit Tracker hardware is opened or repaired by someone not authorized by Debit Tracker, and does not cover repair or replacement of any Debit Tracker Hardware 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 Debit Tracker Hardware, including cracks or scratches on the LCD screen. This Limited Warranty does not apply to any equipment other than the Debit Tracker Hardware as defined in this Limited Warranty – for example, it does not apply to any external battery or SIM Card provided with YOUR purchase of the Debit Tracker Hardware, or any damage caused by the leakage or any other malfunction of an external battery, SIM Card, or any other accessory or peripheral equipment. This Limited Warranty also does not apply if the malfunction results from the use of the Debit Tracker Hardware in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by Debit Tracker specifically for use with YOUR particular model of Debit Tracker Handheld, and where it is determined by Debit Tracker that such malfunction is not the fault of the Debit Tracker Hardware itself. Additionally, if malfunction results from the failure of the user to abide by the Safety Information contained in the package with the Debit Tracker Hardware, 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. Data backup is presumed to be the responsibility of the user of the Debit Tracker Hardware. Debit Tracker is not responsible for data that may be damaged or lost at any time, including, without limitation data lost or damaged during the servicing of the Debit Tracker Hardware, or through the use of synchronization software. Any repair or replacement pursuant to this limited warranty could be requested by you from Debit Tracker.

 

REPAIR OR REPLACEMENT OF THE DEBIT TRACKER HARDWARE, 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, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND/OR QUALITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE AND/OR ANY IMPLIED WARRANTY OR CONDITION OF NON-INFRINGEMENT. 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 DEBIT TRACKER HARDWARE, 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. ANY EXTERNAL BATTERIES PROVIDED WITH THE DEBIT TRACKER HARDWARE ARE PROVIDED “AS IS” OR ARE SUBJECT TO THE LIMITED WARRANTY SPECIFICALLY APPLICABLE TO SUCH BATTERIES, IF ANY, AND ANY SIM CARDS PROVIDED WITH THE DEBIT TRACKER HARDWARE ARE PROVIDED AS IS, AND NEITHER EXTERNAL BATTERIES NOR SIM CARDS ARE, FOR PURPOSES OF THIS WARRANTY, PART OF THE DEBIT TRACKER HARDWARE. YOU ASSUME THE RISK OF USING ANY ACCESSORY NOT PROVIDED AS PART OF THE DEBIT TRACKER SOLUTION. 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 DEBIT TRACKER HARDWARE YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE DEBIT TRACKER HARDWARE, WHICHEVER IS GREATER. THE LIMITED WARRANTY WITH RESPECT TO THE DEBIT TRACKER DESKTOP SOFTWARE, TO ALL DOCUMENTATION AND TO ANY FIRMWARE RESIDING ON THE DEBIT TRACKER HARDWARE IS SET FORTH IN THE LICENSE AGREEMENT.

 

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 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 Warranty shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of each party shall be construed and enforced accordingly.