COVERED PRODUCTS. This warranty covers all physical products manufactured by Swift Navigation and purchased by the end purchaser (the "Products"), unless otherwise specifically and expressly agreed in writing by Swift Navigation.
LIMITED WARRANTY. Swift Navigation 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 Swift Navigation’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 Swift Navigation’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.
WARRANTY EXCLUSIONS. This warranty shall be void in the event of any of the following: (A) improper or unauthorized installation, alteration or repair made to the equipment or associated wiring and parts; (B) damage, malfunction, or degradation of electrical output caused by failure to properly operate or maintain the equipment, power failure surges, lightning, flood, fire, accidental breakage or damage, malfunction, or degradation of electrical output resulting from abuse, accident, alteration, improper use, negligence, or vandalism; (C) product part identification labels are missing or unrecognizable; (D) the equipment was damaged by environmental or atmospheric disturbance or external forces such as power line disturbances, host computer malfunction, incorrect cabling or plugging the board in under power; the components in the construction base on which the equipment is mounted are defective; (F) and Force Majeure events, including without limit, any act or event which is unforeseeable, or being foreseeable, unavoidable and outside the control of Swift Navigation, including, without limit, Acts of God.
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 Swift Navigation product documentation, 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 in 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 purchaser’s EXCLUSIVE REMEDY against Swift Navigation shall be, at Swift Navigation’s option, the repair or replacement of any defective Product or components thereof. The purchaser shall notify Swift Navigation or a Swift Navigation’s approved service center immediately of any defect. Repairs shall be made through a Swift Navigation approved service center only. Repair, modification or service of Swift Navigation products by any party other than a Swift Navigation 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 Swift Navigation’s product documentation, 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 Swift Navigation has been advised of the possibility of such damages. Without limiting the foregoing, Swift Navigation shall not be liable for any damages of any kind resulting from installation, use, quality, performance or accuracy of any Product.
Swift Navigation IS NOT RESPONSIBLE FOR PURCHASER’S NEGLIGENCE OR UNAUTHORIZED USES OF THE PRODUCT. IN NO EVENT SHALL Swift Navigation 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 SWIFT NAVIGATION’S product documentation. Swift Navigation is NOT RESPONSIBLE for defects or performance problems resulting from (1) misuse, abuse, improper installation, neglect of the Product; (2) the utilization of the Product with hardware or software products, information, data, systems, interfaces or devices not made, supplied or specified by Swift Navigation; (3) the operation of the Product under any specification other than, or in addition to, the specifications set forth in Swift Navigation’s product documentation; (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 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 SWIFT NAVIGATION’S PRODUCT DOCUMENTATION. Swift Navigation does not warrant or guarantee the positioning and navigation precision or accuracy obtained when using Products. Products are not intended for use in safety of life applications. The potential accuracy of Products as stated in Swift Navigation 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. Swift Navigation 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 Delaware.
OBTAINING WARRANTY SERVICE. To obtain warranty service, the end purchaser must enter a support request and follow the instructions provided by the support staff. Swift Navigation does not warrant claims asserted after the end of the warranty period.