GPS Device Warranty
This Limited Warranty (“Warranty”) is subject to terms and conditions as set out in Satmap Terms and Conditions and is granted by Satmap Systems Ltd of New Vernon House, Vernon Ave, Beeston, Nottingham NG9 2NS.
(“Satmap” or “SSL”) to the purchaser, (the “Licensee” or “you”) from new, of a Satmap GPS Device, strictly for private use only. This warranty agreement is effective from 1st November 2013.
Satmap Terms and Conditions have the following definitions: Products, GPS device, MapCard, Software, Online App, Downloadable App and Website that shall apply to this Warranty document for consistency.
Cover provided by this Warranty. Satmap warrants that the GPS Device will be free from defects in workmanship and materials, under conditions of normal use, for a Warranty Period of one year. The Warranty Period takes effect from the date the GPS Device was purchased as new from: Satmap, an approved and authorised retailer or distributor.
This Warranty only applies to GPS Device. The software is supplied under license, please see the EULA that includes software warranty details.
During the Warranty Period, the GPS Device will be repaired or, at the discretion of Satmap, replaced with new GPS Device, at no cost to you.
Satmap Active Refurbished units: Satmap also warrants that a Refurbished GPS Device will be free from defects in workmanship and materials, under conditions of normal use, for a Warranty Period of one year. The Warranty Period takes effect from the date the GPS Device was purchased from Satmap Systems Ltd, the official Satmap eBay account or an approved and authorised retailer.
During the Warranty Period, the GPS Device will be repaired or, at the discretion of Satmap, replaced with newly overhauled GPS Device, at no cost to you for either labour or parts.
Exclusions from this Warranty:
This Warranty does not apply to normal wear and tear sustained in conditions of normal use, and therefore does not cover the repair or replacement of any product, or part thereof, resulting from abuse, misuse, misapplication, faulty operation and failure to comply with the instructions for use, including but not limited to the incorrect insertion of batteries, the use of incorrect battery types, the use of incorrect battery chargers, and the incorrect insertion of MapCards, USB cables and headphones.
The Warranty does not cover damaged sustained by accident, neglect, exposure to damaging liquids, abrasive substances, and extremes of heat.
Physical damage to the surface of the GPS Device is not covered by this Warranty.
Damage caused by the ingress of moisture, dust and dirt following the exposure of GPS Device to these factors, or following the incorrect closure of the watertight seals on the SD Card door, USB door and battery compartment, is not covered by this Warranty.
Second hand goods: There is no warranty on second hand goods. The warranty only applies to the original purchaser: we cannot transfer that warranty as we do not know how that product has been treated. However, if you have purchased a second hand GPS Device, this can be returned for a general service and we will endeavour to ensure the unit is returned to you thoroughly tested, repaired if necessary and upgraded where applicable. Please note: there will be a charge for this service.
Online auction purchases: Products purchased through online auctions (this does not apply to purchases made on satmap.com, or via the official Satmap EBay account) are not eligible for warranty coverage. Online auction confirmations are not accepted for warranty verification. To obtain warranty service, an original or copy of the sales receipt from the original retailer is required. Satmap will not replace missing components from any package purchased through an online auction.
Out of warranty repairs: If the Warranty Period has expired, the repair undertaken will be subject to a new Warranty, lasting for a period of ninety (90) days from the date of the repair, and at a cost to you determined by Satmap.
Making a claim under Warranty: If during normal use you encounter a fault or defect with the GPS Device please immediately contact Satmap. You must return the GPS Device, in accordance with the shipping and packing procedures as stipulated by Satmap, within the Warranty Period to Satmap for assessment.
The GPS Device must be accompanied by a clear, written explanation of the nature of the defect, information on the date and point of purchase of the Hardware, and the circumstances in which the defect arose. If a defect that is a valid claim under the terms of this Warranty arises after the first ninety (90) days of the Warranty Period, Satmap reserves the right to charge shipping and handling charges in respect of any remedial actions undertaken to resolve the claim.
- a) This Warranty and any other addendum or amendment supplied either within the packaging or on Satmap website is the only express warranty made to you in respect of GPS Device, and any other warranties received from other sources are not binding on Satmap. It only applies to GPS Device purchased new from approved and authorised retailers and distribution channels and it cannot be transferred to any other person.
- b) Satmap delivers high quality GPS Device. Satmap does not warrant that the GPS Device supplied is without errors in operation.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR THE WARRANTY AS TO THE GPS DEVICE EXPLICITLY PROVIDED HEREIN BY SATMAP, AND THE WARRANTY FOR THE SOFTWARE SET FORTH IN THE EULA, SATMAP AND ITS LICENSORS PROVIDES THE GPS DEVICE, “AS IS.”
SATMAP AND ITS LICENSORS DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE GPS DEVICE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
- c) Except for the Warranty as to the GPS Device explicitly provided herein by Satmap, the entire risk as to satisfactory quality, performance, effort, and accuracy is with you.
- d) GPS Devices are protected in full by copyrights, trademarks and patents owned by Satmap and/or its suppliers and by applicable law and treaties. Neither you nor any other persons or organisation are permitted to modify the Software or the Hardware under any circumstances. You will not, nor will you permit any other person or organisation to, engage in any activities aimed at dissembling the Software or Hardware, either in whole or in part, in order to analyse for any purpose, including attempts to undertake any reverse engineering, unauthorised modifications, or to make products derived from it. Satmap reserves the right to discontinue, update or upgrade the services and products supplied to you or made available to you through Satmap, with or without notice.
- e) Your attention is particularly drawn to the fact that the Hardware relies on the correct operation of the Global Satellite positioning constellations, over which Satmap has no control whatsoever.
- f) Satmap cannot accept any responsibility for any errors in third party Software products, including, but not limited to, map data. Any depiction of road, path, or track on mapping in the data is no indication of a right of way, and Satmap and its suppliers exclude all liability for such depiction.
- g) Satmap cannot and does not warrant any GPS Device supplied as pre-used or bought as second-hand, or purchased as new from a non-authorized or non-approved distributor including online auctions
- h) Satmap products MUST NOT, under any circumstances, be used with any equipment other than that designed, developed or supplied by Satmap. You expressly acknowledge that any attempts to do so may result in damage to some or all of the products involved, and may be dangerous.
- i) If you should breach any of the terms and conditions of the Warranty it will be deemed to have expired automatically on the date of such breach.
- j) If any section or part thereof, of this Warranty is held to be void, illegal, invalid or unenforceable, the remaining terms of this Warranty shall remain in full force and effect.
Limitation of Liability:
- a) If you are unsure on the operation of the Satmap GPS Device, you are strongly advised to read the Full User Guide available at www.satmap.com and use the Knowledge Centre at Satmap.com.
- b) Satmap shall not be liable for any fraud or fraudulent misrepresentation perpetrated by any of its employees of agents.
- c) EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING FROM USE OF THE GPS DEVICE IS TO DISCONTINUE USE OF THE PRODUCTS.
SATMAP AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS (THE “SATMAP PARTIES”) SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE (“EXCLUDED DAMAGES”), EVEN IF ANY PARTY WAS ADVISED OF THE POSSIBILITY OF ANY EXCLUDED DAMAGES OR ANY EXCLUDED DAMAGES WERE FORESEEABLE.
IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF THE EXCLUSIVE REMEDY, THE LIABILITY OF THE SATMAP PARTIES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GPS DEVICE.
YOU HEREBY EXPRESSLY RELEASE THE SATMAP PARTIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THE USE OF THE GPS DEVICE.
The above disclaimer of warranty and liability constitutes an essential part of this Warranty and you acknowledge that your use of the GPS Device reflects your acceptance of this disclaimer of warranty and liability.
Export Restrictions: In accepting this Warranty, you acknowledge that the Software and Hardware are subject to export restrictions by the U.S and the European Union, and that you will comply with all applicable national and international laws in respect of the GPS Device including end-user, end-use and destination restrictions.
Governing Law: This Warranty is governed by English Law and all disputes shall be settled exclusively in the courts of England. The terms of the UN Convention on Contracts for the International Sales of Goods are agreed by all parties to be excluded from this agreement.