ComNav Commander P2 - Customer Remedies and Defect Notification

ComNav Commander P2 & P2VS Installation & Operation Warranty Information
Document PN 29010074 V4.1 - 209 -
CUSTOMER REMEDIES
ComNav’s entire liability and the Purchaser’s exclusive remedy against ComNav for the defective
Equipment shall be, at ComNav’s option, either: (a) repair or replacement of the defective Equipment
under the warranties set forth in this Agreement, or, (b) refund of the purchase price of the defective
Equipment, all pursuant to and in accordance with the conditions set forth below:
1. If the Equipment, or any part thereof, proves to be defective within the relevant warranty period, the
Purchaser shall do the following:
a. contact ComNav by phoning 604-207-1600 to discuss the nature of the problem and obtain
shipping instructions (many times a satisfactory solution can be reached without returning the
item);
and
b. prepare a detailed written statement of the nature of the circumstances of the defect, to the
best of the Purchaser’s knowledge, including the date of purchase of the Equipment, the place
of purchase, the name and address of the installer, and the Purchaser’s name, address and
telephone number to be sent, along with proof of purchase, to ComNav;
2. If upon examination by either ComNav or an authorized ComNav Dealer, the defect is determined to
result from defective workmanship or material and if the defect has occurred within the relevant
warranty period set forth above, the Equipment or the defective parts thereof shall be repaired or
replaced, at ComNav’s sole option, without charge, and shall be returned to the Purchaser at ComNav’s
expense. Return delivery will be by the most economical means. Should the Purchaser require that the
Equipment be returned by a faster method, the costs incurred by the expedient delivery will be pre-paid
by the Purchaser;
3. No refund of the purchase price for the Equipment will be made to the Purchaser unless ComNav is
unable to remedy the defect after having a reasonable number of opportunities to do so. Prior to the
refund of the purchase price, the Purchaser must submit a statement in writing from an Authorized
ComNav Dealer that the installation instructions in the manual have been complied with in full and that
the defect remains;
4. Warranty service shall be performed only by ComNav or an Authorized ComNav Dealer. Any attempts
to remedy the defect by anyone else shall render the warranties set forth in this Agreement void;
5. Charges for overtime, standby, holiday and per diem will not be paid by ComNav and are specifically
excluded from the warranties set forth in this Agreement. ComNav may, under special circumstances,
and with ComNav’s PRIOR approval, pay ONE TIME travel costs. Any cost of ferry, boat hire, or other
special means of transportation must have prior approval from ComNav. ComNav reserves the right to
refuse service charges in excess of one hour if the technician has not contacted ComNav’s service
department for assistance. Travel cost allowance to service certain Equipment with a suggested retail
price of below $2,500.00 (Canadian funds or equivalent) is not authorized. If repairs are necessary,
these products must be forwarded to ComNav or an authorized ComNav Dealer at Purchaser’s
expenses and will be returned as set out in CUSTOMER REMEDIES, Item 2;
6. There shall be no warranty for defects in, or damages to, the Equipment caused by:
a. faulty installation or hook-up of the Equipment;
b. abuse, misuse or use of the Equipment in violation of the instructions set forth in the Manual;
c. shipping, alterations, incorrect and/or unauthorized service;
d. accident, exposure of the Equipment to excessive heat, fire, lightning, salt or fresh water spray,
or water immersion except for Equipment specifically designed as, and stated in the Manual to
be, waterproof. Water damage to the Equipment due to failure to cover unused receptacles is
specifically excluded from any warranty set forth in this Agreement; and
e. improper or inadequate ancillary or connected equipment;
7. This warranty does not cover routine system checkouts, alignment, or calibration unless the service has
been authorized in writing by ComNav PRIOR to its commencement;
and
8. No Equipment shall be repaired or replaced under warranty if the serial number of that Equipment has
been removed, altered or mutilated.