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I. WARRANTIES Receivers
All receivers manufactured by Lotek are warranted to be free of defects in
materials and workmanship under normal use for a period of two years from
date of shipment, subject to the conditions and limitations as outlined
below.
Transmitters
All transmitters manufactured by Lotek are warranted, for the operating life
specified, to be free from defects in materials and workmanship under normal
use and to meet the specifications in effect at time of shipment, subject to
the conditions and limitations as outlined below.
Archival Tags
All archival tags manufactured by Lotek are warranted to be free from defects
in materials and workmanship under normal use for a period of one year from
date of shipment, subject to the conditions and limitations as outlined below.
GPS
All GPS units manufactured by Lotek are warranted to be free from defects in
materials and workmanship under normal use for a period of one year from date
of shipment, subject to the conditions and limitations as outlined below.
Accessories
Many of the items supplied by Lotek as accessories, such as antennas, cables,
headsets, etc., are manufactured by third party manufacturers. The purchaser
is invited to contact Lotek in the event of a warranty claim on an accessory.
The limitations of liability described in this warranty document also apply
to warranties of third party manufacturers. II. CONDITIONS Limitations
and Claims Procedure
1. The foregoing warranties will cease to apply, if:
(a) The equipment has been previously altered, modified, repaired or serviced
by anyone other than Lotek.
(b) The equipment has been subject to accident, misuse, abuse or operation
outside of specification including environmental conditions or contrary to
the instructions contained in the support documentation or manuals and Lotek's
determination of such circumstances shall be final and binding on all parties.
2. The purchaser must initiate a warranty claim by contacting Lotek to request
a Return Material Authorization (RMA) number. The equipment shall be shipped,
at the purchaser's expense, or delivered to Lotek's plant in either its original
package or similar package affording an equal degree of protection and with
a proper return shipping address. Lotek will pay for the return shipment of
the repaired equipment.
3. Any equipment, or part thereof, replaced or repaired by Lotek shall be warranted
by Lotek for the remainder of the original warranty period only. All replacements
or repairs necessitated by any cause other than defects in materials and workmanship
shall be undertaken at the sole option of Lotek and at the purchaser's expense.
4. Lotek shall not be obligated to pay any costs or third party charges incurred
by the purchaser, or any other party, except as may be agreed upon in writing,
in advance, by an authorized Lotek representative.
5. Any implied warranties and/or conditions including the implied warranties
and/or conditions of merchantability and fitness for a particular purpose are
limited in duration to the specific warranty periods described above.
6. The Purchaser agrees that the use of all equipment supplied by Lotek is
at the purchaser's sole risk.
7. No oral or written advice or information supplied by Lotek or a Lotek authorized
representative shall create warranties and/or conditions or in any way increase
the scope or duration of the warranties set forth above.
8. Under no circumstances, including negligence, will Lotek be liable for damages
caused by delay in performance including delay in the performance of any repairs
undertaken pursuant to this Warranty. The sole and exclusive remedy shall be
limited to repair or replacement under the Lotek standard warranties set forth
herein. In no case shall Lotek's liability exceed the price to the purchaser
of the specified goods manufactured by Lotek. In no event shall Lotek's liability
extend to include incidental or consequential damages even if Lotek or an authorized
Lotek representative has been advised of the possibility of such damages.
9. This Warranty shall be governed by and construed in accordance with the
laws of the province of Ontario, Canada. If any provision of this Warranty
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this warranty and shall not effect the validity
and enforceability of any remaining provisions. This is the entire Warranty
agreement between the parties relating to the subject matter herein and shall
not be modified except in writing and unless signed by both parties.
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