Date: June 1, 2017
The warranty obligations of Tracmo, Inc. (the “Tracmo”, “we”, “us”) for tracMo device are limited to the terms set forth below:
Tracmo warrants that the tracMo device ("the Product") will be free from defects in materials and workmanship for period of one (1) year from the original date of purchase of the Product from Tracmo or authorized distributors ("the Warranty Period"). If a defect in the Product arises within the Warranty Period, we will, at its sole discretion, repair or replace it with a new or refurbished product. We reserve the right to send you a replacement product that is the same or of a similar style, or a substitute equivalent that may not be of like kind (depending on availability). The replacement product is warranted as above for the remainder of the original applicable product Warranty Period, dated from the original date of purchase of the Product. This limited hardware warranty is transferrable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
This limited hardware warranty covers defects in components and factory workmanship under normal use and service within the Warranty Period.
This limited hardware warranty shall be null and void, if: (i) the product is subjected to repair work or alteration by a person or facility other than those authorized by us; (ii) the damage, deterioration or malfunction of Products resulting from: (a) misuse, abuse, accident or neglect; (b) improper or unreasonable maintenance or repairs; (c) improper packing, handling, storage, and shipping; (d) any alteration or modification; (e) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; (f) exposure to inclement weather conditions, or other acts of nature, including lightning, flood, tornado, earthquake, or hurricane; (g) and any other causes which do not relate directly to a defect in components and/or factory workmanship of this product and beyond our reasonable control; (iii) the Product is used with a jailbroken or rooted mobile device; (iv) the Products marked as “sample” or sold “AS IS”.
This limited hardware warranty does not cover batteries, cartons, and any accessories used in conjunction with this product, even if packaged with or sold with the Product.
We recommend that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product performance and may invalidate this limited hardware warranty.
DISCLAIMER OF WARRANTIES EXCEPT AS STATED ABOVE IN THIS LIMITED HARDWARE WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACMO DISCLAIMS ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, RESPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, IMPLIED WARRANTY OF NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACMO ALSO LIMITS THE DURATION OF ANY IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS TO THE DURATION OF THIS LIMITED HARDWARE WARRANTY.
LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL TRACMO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED HARDWARE WARRANTY OR THE PRODUCT, AND TRACMO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED HARDWARE WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND TRACMO GOVERNING YOUR USE OF THE PRODUCT AND THEY APPLY WITHOUT REGARD TO WHETHER THE TERMS OF THIS LIMITED HARDWARE WARRANTY HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
VARIATIONS THAT MIGHT APPLY TO THIS LIMITED HARDWARE WARRANTY
Some jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions/limitations on incidental or consequential damages, so the above limitations may not apply to you. If any provision of this limited hardware warranty should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this limited hardware warranty legal and enforceable to the maximum extent permitted under applicable law.
If you have any issue with the Product, please visit our Support here or you can also contact our team at firstname.lastname@example.org for technical assistance. If your Product is covered by our warranty and our team is unable to resolve the issue, we will gladly provide instructions to repair or replace it with a new or refurbished product. We will request a few details regarding your order and the issue you encountered. Once you provide the requested information and your warranty claim has been authorized, we will send you an RMA (Return Merchandise Authorization) number, and instructions on how to return and exchange your unit. When you return the unit to our designated address, you are responsible for all fees imposed during the shipping, including insurance and shipping charges prepaid. Please be aware that all returns must include a Return Merchandise Authorization (RMA) number. Once the returned unit is received and examined, we will send you a new or refurbished product and details regarding your replacement shipment. We will have no warranty obligations with respect to exchange the unit if it determines, in its reasonable discretion after examination of the returned unit, that the returned unit’s damage is not covered by this limited hardware warranty.