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Outback S3 - Page 101

Outback S3
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Warranty Notice
COVERED PRODUCTS: This warranty covers all products manufactured by Hemisphere GPS and purchased by the end
purchaser (the "Products"), unless otherwise specifically and expressly agreed in writing by Hemisphere GPS.
LIMITED WARRANTY: Hemisphere GPS warrants solely to the end purchaser of the Products, subject to the exclusions
and procedures set forth below, that the Products sold to such end purchaser and its internal components shall be free,
under normal use and maintenance, from defects in materials, and workmanship and will substantially conform to
Hemisphere GPS’s applicable specifications for the Product, for a period of 12 months from delivery of such Product to
such end purchaser (the ”Warranty Period”). Repairs and replacement components for the Products are warranted, subject
to the exclusions and procedures set forth below, to be free, under normal use and maintenance, from defects in material
and workmanship, and will substantially conform to Hemisphere GPS’s applicable specifications for the Product, for 90
days from performance or delivery, or for the balance of the original Warranty Period, whichever is greater.
EXCLUSION OF ALL OTHER WARRANTIES. The LIMITED WARRANTY shall apply only if the Product is properly and
correctly installed, configured, interfaced, maintained, stored, and operated in accordance with Hemisphere GPS’s relevant
Users Manual and Specifications, AND the Product is not modified or misused. The Product is provided “AS IS” and the
implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE and ALL OTHER WARRANTIES,
express, implied or arising by statute, by course of dealing or by trade usage, in connection with the design, sale,
installation, service or use of any products or any component thereof, are EXCLUDED from this transaction and shall not
apply to the Product. The LIMITED WARRANTY is IN LIEU OF any other warranty, express or implied, including but not
limited to, any warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE, title, and non-infringement.
LIMITATION OF REMEDIES. The purchasers EXCLUSIVE REMEDY against Hemisphere GPS shall be, at Hemisphere
GPS’s option, the repair or replacement of any defective Product or components thereof. The purchaser shall notify
Hemisphere GPS or a Hemisphere GPS’s approved service center immediately of any defect. Repairs shall be made
through a Hemisphere GPS approved service center only. Repair, modification or service of Hemisphere GPS products by
any party other than a Hemisphere GPS approved service center shall render this warranty null and void. The remedy in
this paragraph shall only be applied in the event that the Product is properly and correctly installed, configured, interfaced,
maintained, stored, and operated in accordance with Hemisphere GPS’s relevant Users Manual and Specifications, AND
the Product is not modified or misused. NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR
PROPERTY, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO PURCHASER, even if
Hemisphere GPS has been advised of the possibility of such damages. Without limiting the foregoing, Hemisphere GPS
shall not be liable for any damages of any kind resulting from installation, use, quality, performance or accuracy of any
Product.
HEMISPHERE IS NOT RESPONSIBLE FOR PURCHASER’S NEGLIGENCE OR UNAUTHORIZED USES OF THE
PRODUCT. IN NO EVENT SHALL HEMISPHERE GPS BE IN ANY WAY RESPONSIBLE FOR ANY DAMAGES RESULTING
FROM PURCHASER’S OWN NEGLIGENCE, OR FROM OPERATION OF THE PRODUCT IN ANY WAY OTHER THAN AS
SPECIFIED IN HEMISPHERE GPS’S RELEVANT USER’S MANUAL AND SPECIFICATIONS. Hemisphere GPS is NOT
RESPONSIBLE for defects or performance problems resulting from (1) misuse, abuse, improper installation, neglect of
Product; (2) the utilization of the Product with hardware or software products, information, data, systems, interfaces or
devices not made, supplied or specified by Hemisphere GPS; (3) the operation of the Product under any specification other
than, or in addition to, the specifications set forth in Hemisphere GPSs relevant User’s Manual and Specifications; (4)
damage caused by accident or natural events, such as lightning (or other electrical discharge) or fresh/salt water
immersion of Product; (5) damage occurring in transit; (6) normal wear and tear; or (7) the operation or failure of operation
of any satellite-based positioning system or differential correction service; or the availability or performance of any
satellite-based positioning signal or differential correction signal.
THE PURCHASER IS RESPONSIBLE FOR OPERATING THE VEHICLE SAFELY. The purchaser is solely responsible
for the safe operation of the vehicle used in connection with the Product, and for maintaining proper system control
settings. UNSAFE DRIVING OR SYSTEM CONTROL SETTINGS CAN RESULT IN PROPERTY DAMAGE, INJURY, OR DEATH.
The purchaser is solely responsible for his/her safety and for the safety of others. The purchaser is solely responsible for
maintaining control of the automated steering system at all times. THE PURCHASER IS SOLELY RESPONSIBLE FOR
ENSURING THE PRODUCT IS PROPERLY AND CORRECTLY INSTALLED, CONFIGURED, INTERFACED, MAINTAINED,
STORED, AND OPERATED IN ACCORDANCE WITH HEMISPHERE GPS’S RELEVANT USER’S MANUAL AND
SPECIFICATIONS. Hemisphere GPS does not warrant or guarantee the positioning and navigation precision or accuracy
obtained when using Products. Products are not intended for primary navigation or for use in safety of life applications.
The potential accuracy of Products as stated in Hemisphere GPS literature and/or Product specifications serves to provide
only an estimate of achievable accuracy based on performance specifications provided by the satellite service operator (i.e.
US Department of Defense in the case of GPS) and differential correction service provider. Hemisphere GPS reserves the
right to modify Products without any obligation to notify, supply or install any improvements or alterations to existing
Products.
GOVERNING LAW. This agreement and any disputes relating to, concerning or based upon the Product shall be
governed by and interpreted in accordance with the laws of the State of Arizona.
OBTAINING WARRANTY SERVICE. In order to obtain warranty service, the end purchaser must bring the Product to a
Hemisphere GPS approved service center along with the end purchaser's proof of purchase. Hemisphere GPS does not
warrant claims asserted after the end of the warranty period. For any questions regarding warranty service or to obtain
information regarding the location of any of Hemisphere GPS approved service center, contact Hemisphere GPS at the
following address:
Hemisphere GPS
8444 N. 90th Street, Suite 130
Scottsdale, AZ 85258
Phone: 480-348-9919 Fax: 480-348-6370
ground@hemispheregps.com
www.hemispheregps.com

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