Intelligent Mechatronic Systems Inc. (hereafter referred to as “IMS”) provides the following limited warranty to the original purchaser (“you”) of DriveSync and, except as provided herein, its included vehicle-based components (the “product”) when sold or distributed by an authorized DriveSync retailer or distributor. IMS warrants that during the period of time commencing on the date of purchase and for one (1) year thereafter (the “warranty period”), the product shall be free, under normal use and maintenance and when installed and used in accordance with the product documentation that accompanies this limited warranty, from any defects in material and workmanship. This warranty is non-transferable and is valid only if the product has been sold by an authorized DriveSync retailer or distributor. Should this product fail to conform to the foregoing warranty, IMS agrees that it shall repair or replace the defective product (inclusive of affected accessories).
This warranty does not apply or cover the DriveSync client software distributed together with the product. DriveSync client software is provided subject to the terms and conditions of the DriveSync software license agreement provided together with such software.
This warranty does not apply to or cover any product related reporting or other services provided or made available by IMS, directly or indirectly, through the DriveSync web portal or otherwise, and such services are governed by the terms and conditions set out on the DriveSync web portal. This warranty shall not apply to: 1. Any defects caused or repairs required as a result of abusive operation, negligence, accident, improper installation or inappropriate use, including as may be described in the product documentation, or any other causes not arising out of defects in material or construction. 2. Any product tampered with, modified, adjusted or repaired by any party other than IMS or service facilities that have been authorized by IMS to render such services. 3. Damage caused or repairs required as a result of the use with items not specified or approved by IMS, including software and all vehicle components. 4. Damage to the product caused by improper installation or removal of the unit by any person other than IMS or its authorized agents. 5. Any cosmetic damage to the surface or defacing of the exterior that has been caused by normal wear and tear, and any parts wearing out due to excessive wear and tear. 6. Any damage caused by external or environmental conditions (other than external or environmental conditions arising in the normal course of operating a motor vehicle), including but not limited to, automobile power voltage, liquid spillage, dirt, rain, extreme heat or food. 7. Any product returned with a date code or serial number that is defaced, missing or altered. Any product returned with a date code or serial number that is defaced, missing or altered. 8. Any products used for unintended commercial or rental purposes, or for abnormal purposes or under abnormal conditions. 9. Any changes in installation, setup and/or programming (as determined by using a third party to undertake these tasks). 10. Any damage to, loss of, or recovery of any data or other information stored within the product, or on any non-DriveSync product or part not covered by this warranty. 11. Costs of returning defective products to IMS for repair or replacement, including any losses due to products that are lost in transit.12. Other acts that are not the fault of IMS.
OBTAINING WARRANTY SERVICE AND CONDITIONS
Before seeking warranty service, please first review the online help resources as specified in the product documentation. If the product is still not functioning properly, obtain warranty service from IMS by:
Delivery of the product to IMS at the Warranty Return Address specified at www.drivesync.net. You are responsible for the costs and expenses associated with product return, including removal costs, shipping and transportation costs and insurance costs. The product must be returned in either its original packaging or similar packaging offering an equal degree of protection.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IMS EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR ANY CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ANY WARRANTY WITH RESPECT TO THE FUNCTIONALITY, OPERATION OR USE OF THE PRODUCT OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL DEFECTS WILL BE CORRECTABLE BY IMS. IMS’ SOLE AND EXCLUSIVE LIABILITY AND OBLIGATION, AND YOUR EXCLUSIVE REMEDY, UNDER THIS WARRANTY SHALL BE TO REPAIR OR REPLACE PRODUCTS AS DESCRIBED IN THIS LIMITED WARRANTY AND UNDER NO CIRCUMSTANCES SHALL IMS BE LIABLE IN THE AGGREGATE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, BY STATUTE OR OTHERWISE), THAT EXCEEDS THE LIMITATION OF LIABILITY SPECIFIED IN THE MASTER AGREEMENT BETWEEN YOU AND IMS AND IN NO EVENT SHALL IMS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING IN RESPECT OF LOSS OF DATA OR SOFTWARE AND ANY COSTS OF RECOVERING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE PRODUCT). IMS DISCLAIMS AND SHALL HAVE NO LIABILITY TO YOU FOR ANY AND ALL ACTS OF THIRD PARTIES INCLUDING ITS AUTHORIZED DEALERS AND RETAILERS. NO OTHER PERSON (INCLUDING ANY IMS DEALER, RETAILER OR THEIR RESPECTIVE EMPLOYEES AND AGENTS) IS AUTHORIZED TO EXTEND, VARY OR TRANSFER THIS WARRANTY ON BEHALF OF IMS. THE LEGAL RIGHTS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES AVAILABLE TO YOU UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.