IMPORTANT: BY USING YOUR SAFETRACKS™-BRANDED HARDWARE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE SAFETRACKS™ ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD AND ACCORDING TO INSTRUCTIONS STATED IN SAFETRACKS' GENERAL TERMS & CONDITIONS OF SALE (https://www.safetracksgps.ca/terms-of-use) FOR A REFUND.
SafeTracks™ Product One (1) Year Limited Warranty
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE, STATE TO STATE, OR REGION TO REGION. OTHER THAN AS PERMITTED BY LAW, SAFETRACKS™ DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR PROVINCE. SafeTracks™ warrants to the original end-use purchaser of a new SafeTracks™ product (“YOU” or “YOUR”) that the hardware manufactured by or on behalf of SafeTracks™ will be free from defect in material and workmanship for a normal use for a period that concludes one (1) year from the date that the SafeTracks™ product was originally purchased by you (or as provided below), subject to the complete terms and conditions below.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
APPLICABLE TO ALL OF CANADA: TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. SAFETRACKS™ DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, SAFETRACKS™ LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT SAFETRACKS' OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED AND NOT COVERED BY THIS WARRANTY?
SafeTracks GPS Canada Inc. (“SafeTracks™”) warrants the SafeTracks™-branded hardware product and SafeTracks™-branded accessories contained in the original packaging (“SafeTracks™ product”), excluding external batteries and SIM cards, will be free from defects in workmanship and materials for a period that is the shorter of (i) one (1) year from the date of purchase of the SafeTracks™ product first purchased by YOU as an original end-user, and (ii) the period ending upon YOUR breach of the SafeTracks™ License and Service Agreement (the "License Agreement") entered into between YOU and SafeTracks and/or its affiliated group of companies' in connection with the SafeTracks™ product (the "Warranty Period"). This Limited Warranty is not transferable. During the Warranty Period, the SafeTracks™ product, or one or more of the SafeTracks™ product components that fail in normal use, will be repaired or replaced at SafeTracks’ sole option after a period of evaluation by SafeTracks™, without charge to YOU for either parts or labor (provided that YOU will be responsible for transportation cost). If the SafeTracks™ product (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. Based on an agreement between SafeTracks™ and the SafeTracks™ Solution Provider (defined below), this Limited Warranty for the Warranty Period shall be honored by either SafeTracks™ or the SafeTracks™ Solution Provider. This Limited Warranty does not apply to normal wear and tear or if any component of the SafeTracks™ product is opened, altered or repaired by someone not authorized by SafeTracks™, and does not cover repair or replacement of any SafeTracks™ product 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 SafeTracks™. This Limited Warranty does not cover damage incurred in shipping and handling. This Limited Warranty does not cover physical damage to the surface of the SafeTracks™ product, including cracks or scratches on the screen. This Limited Warranty does not apply to any equipment other than the SafeTracks™ product as defined in this Limited Warranty - for example, it does not apply to any external battery or SIM Card provided with YOUR purchase, rental, lease or other means of acquiring the SafeTracks™ product, 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 SafeTracks™ product in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by SafeTracks™ specifically for use with YOUR particular model of SafeTracks™ product, and where it is determined by SafeTracks™ that such malfunction is not the fault of the SafeTracks™ product itself. Additionally, if malfunction results from the failure of the user to abide by the safety information contained in the package with the SafeTracks™ product (or provided by SafeTracks™), the software licensed, and/or the associated wireless data service and documentation (the "SafeTracks™ Solution"), the Limited Warranty may be void, and if it is void, it shall not apply. Neither SafeTracks™ nor the reseller or distributor through whom YOU purchased the SafeTracks™ product or SafeTracks™ Solution (the " SafeTracks Solution Provider") is responsible for data that may be damaged or lost at any time, including, without limitation data lost or damaged during the servicing of the SafeTracks™ product, or through the use of updating or synchronizing the software. As the SafeTracks™ product is provided in conjunction with certain wireless data services provided by third party providers, we cannot guarantee or warrant that YOUR wireless data service will always be available or will always function properly. For this and other reasons, the SafeTracks™ Solution should not be relied upon for the transmission of data relating to emergency or life-threatening or mission critical situations, and SafeTracks™ disclaims any liability on its behalf, on behalf of the SafeTracks™ Solution Provider, and on behalf of the third party provider of YOUR airtime service for events or damages resulting from such reliance or the failure of the wireless data service to perform or to be available for YOUR use of the SafeTracks™ Solution, including, without limitation, the lack of service coverage in the area in which YOU wish to use the SafeTracks™ Solution. SafeTracks™ will not be responsible for any warranties or guaranties provided by the SafeTracks™ Solution Provider or any other party.
TO OBTAIN WARRANTY SERVICE
Any repair or replacement pursuant to this limited warranty could be requested by You from the SafeTracks™ Solution Provider. To obtain warranty service, contact your local SafeTracks™ authorized dealer or call SafeTracks™ Product Support for shipping instructions and an RMA tracking number. The unit should be securely packed with the tracking number clearly written on the outside of the package. The unit should then be sent, freight charges prepaid, to any SafeTracks™ warranty service station. A copy of the original sales receipt from the original retailer is required as proof of purchase for warranty repairs. Products purchased through online auctions are not accepted for warranty. Warranties are only valid in the area of intended distribution.
SafeTracks™ retains the exclusive right to repair or replace the unit or software or offer a full refund of the purchase price at its sole discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.
Important: Do not attempt to open the SafeTracks™ Product or remove any protective caps attached to the SafeTracks™ product. Opening the SafeTracks™ product or removing protective caps may cause damage that is not covered by this Warranty. Only SafeTracks™ or an authorized SafeTracks™ agent should perform service on this SafeTracks™ Product.
THIS LIMITED WARRANTY AND REMEDIES CONTAINED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY 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 PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED.
LIMITATION OF LIABILITY
NEITHER SAFETRACKS™ NOR ANY SAFETRACKS™ SOLUTION PROVIDER SHALL IN ANY WAY 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 SAFETRACKS™ PRODUCT, EVEN IF SAFETRACKS™ OR A SAFETRACKS™ SOLUTION PROVIDER ARE 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 SAFETRACKS™ PRODUCT 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 SAFETRACKS™ PRODUCT ARE PROVIDED AS IS, AND NEITHER EXTERNAL BATTERIES NOR SIM CARDS ARE, FOR PURPOSES OF THIS WARRANTY, PART OF THE SAFETRACKS™ PRODUCT. YOU ASSUME THE RISK OF USING ANY ACCESSORY NOT PROVIDED AS PART OF THE SAFETRACKS™ SOLUTION. Some states/provinces may not allow the exclusion of incidental or consequential damages, so the above limitations may not apply to you.
NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL SAFETRACKS’ LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE SAFETRACKS™ PRODUCT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE SAFETRACKS™ PRODUCT, WHICHEVER IS GREATER. THE LIMITED WARRANTY WITH RESPECT TO THE SAFETRACKS™ SOFTWARE AND APPLICATIONS, TO ALL DOCUMENTATION AND TO ANY FIRMWARE RESIDING ON THE SAFETRACKS™ PRODUCT IS SET FORTH IN THE LICENSE AND SERVICE AGREEMENT OR OTHER DOCUMENTS PROVIDED BY SAFETRACKS™ WITH THE PRODUCT OR ON ITS WEBSITE.
Waiver by SafeTracks™ of any default will not be deemed a continuing waiver of such default or a waiver of any other default.
If YOU reside in Canada this Limited Warranty is to be construed under the laws of the Province of Alberta. Otherwise, this Limited Warranty is to be construed under the laws of the State of New York, 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 in a Court of law of the District of Red Deer of Alberta, Canada. No dispute between the parties, or involving any person but YOU, may be joined or combined together, without the prior written consent of SafeTracks™.
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.
It is the express will of the parties that this Limited Warranty and any and all related documents be drawn up in English.
If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the SafeTracks™ product, the provisions of this Limited Warranty shall apply to the extent of such inconsistency.
For those jurisdictions where the legal minimum warranty exceeds the term herein, this warranty will be equally extended to meet such legal minimum requirement.
Any agents, dealers or employees of SafeTracks™ are not authorized to make any modifications to this warranty or to make any additional warranties that are binding on SafeTracks™. Accordingly, statements by such individuals, whether oral or written, do not constitute warranties of SafeTracks™ and should not be relied upon.