LIMITED PRODUCT WARRANTY
UTECH GLOBAL LLC. warrants to Customer that any Hardware shall be free of defects in materials and workmanship, for the duration of one (1) year from delivery date.
This Limited Hardware Warranty is null and void in the event that Hardware has been (a) altered or modified, (b) used in a way that does not substantially conform with instruction manuals and other information provided by UTECH GLOBAL LLC., posted to its website, or set forth in the Terms of Service, (c) tampered with, abused, improperly maintained, or otherwise damaged in a way outside of UTECH GLOBAL LLC’s control, (d) installed or de-installed without following UTECH GLOBAL LLC’s written instructions, (e) used with the Services not in the ordinary course of Customer’s business operations, (f) connected to an improper voltage supply, (g) used with accessories and/or devices which are not expressly approved by UTECH GLOBAL LLC., or (h) used with incorrect or unauthorized Cables.
The Limited Hardware Warranty will only apply to the extent that Customer is paying for its recurring subscription fees. In the event that Customer stops paying its recurring subscription service fees, this Limited Hardware Warranty will terminate.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THE LIMITED HARDWARE WARRANTY, UTECH GLOBAL LLC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS (A) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE HARDWARE, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND NON-INFRINGEMENT, (II) ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR (III) THAT THE HARDWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED. THE HARDWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER IS SOLELY RESPONSIBLE FOR (AND UTECH GLOBAL LLC DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RELATING TO OR ARISING FROM CUSTOMER’S INSTALLATION OF THE HARDWARE, CUSTOMER’S VEHICLES, AND INTERNET CONNECTIVITY.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND HARDWARE ARE A DRIVER AID ONLY. THE SERVICES AND HARDWARE ARE NOT A SUBSTITUTE FOR A SAFE, CONSCIENTIOUS DRIVER. THE SERVICES AND HARDWARE CANNOT COMPENSATE FOR A DRIVER THAT IS DISTRACTED, INATTENTIVE, OR IMPAIRED BY FATIGUE, DRUGS, ALCOHOL, OR OTHERWISE. THE DRIVER IS RESPONSIBLE TO AVOID AN ACCIDENT. CUSTOMER’S DRIVERS SHOULD NEVER WAIT FOR THE SERVICES AND HARDWARE TO PROVIDE A WARNING BEFORE TAKING MEASURES TO AVOID AN ACCIDENT. FAILURE OR A DRIVER TO TAKE FULL RESPONSIBILITY FOR THE OPERATION OF A VEHICLE AT ALL TIMES CAN RESULT IN SERIOUS PERSONAL INJURY OR PROPERTY DAMAGE.
LIMITATION OF LIABILITY
IN NO EVENT WILL UTECH GLOBAL LLC’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED HARDWARE WARRANTY OR FROM THE USE OF OR INABILITY TO USE THE HARDWARE EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY UTECH GLOBAL LLC FROM CUSTOMER FOR THE HARDWARE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UTECH GLOBAL LLC AND CUSTOMER.
TO THE FULLEST EXTENT PERMITTED BY LAW, UTECH GLOBAL LLC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS DISCLAIM AND WILL NOT BE LIABLE TO CUSTOMER UNDER THIS LIMITED HARDWARE WARRANTY OR FOR LIABILITY ARISING FROM OR RELATED TO THE HARDWARE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR (B) LOSS OF USE, DATA, BUSINESS, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), OR (C) DAMAGES FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE, REGARDLESS OF THE LEGAL THEORY AND REGARDLESS OF WHETHER UTECH GLOBAL LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Customer is solely responsible for determining whether or not the Services and Hardware are compatible with any vehicles utilizing the Services and Hardware. Customer agrees that UTECH GLOBAL LLC is not responsible for any cost, expense or damage arising from compatibility issues.