This warranty applies to (a) products sold directly by Novatel Wireless, unless a different warranty is specified in a written agreement between Novatel Wireless and the purchaser; and (b) products sold to end users through a distributor authorized by Novatel Wireless, but only where the authorized distributor does not provide a separate warranty on such products and Novatel Wireless has agreed to provide this warranty to such end users. No warranty is provided to any other purchaser of Novatel Wireless products. If you purchased the product from an authorized distributor, please check whether this warranty from Novatel Wireless, or a separate warranty from the distributor, applies to your purchase. This warranty does not apply to any (i) accessories or batteries for the products; or (ii) demonstration samples or prototypes of the products. Unless otherwise provided in a written agreement between Novatel Wireless and the purchaser, all such accessories, batteries, samples or prototypes are provided by Novatel Wireless AS IS without any warranty of any kind.
Novatel Wireless warrants to the original purchaser of the product from Novatel Wireless or its authorized distributor (as applicable) that, for a period of one (1) year from the date of shipment of the product from Novatel Wireless, the product hardware will be substantially free from defects in material or workmanship that results in such Product’s failure to function under normal operation, and the product firmware will perform substantially in accordance with the product documentation provided by Novatel Wireless. Novatel Wireless does not warrant that (a) the product hardware or firmware will meet the purchaser's requirements; (b) the operation of the product hardware or firmware will be uninterrupted or error-free; or (c) the product, when integrated in, or combined with, other products or software not supplied by Novatel Wireless, will continue to perform substantially in accordance with the product documentation. This limited warranty is for the benefit of the original purchaser, and is not transferable.
During the warranty period, Novatel Wireless, at its expense and in its sole discretion, will repair the product, or replace the product with a corresponding or equivalent product, if it is determined to have a covered defect, provided that the purchaser first notifies Novatel Wireless (directly or through its authorized distributor from which the product was purchased) of any such defect, furnishes Novatel Wireless with a proof of purchase (if required), requests and obtains a return merchandize authorization (RMA) number from Novatel Wireless, and returns the product under that RMA to Novatel Wireless (or, at Novatel Wireless's option, to its authorized distributor), with the shipping charges being prepaid by purchaser. If, upon reasonable examination of the returned product, Novatel Wireless does not substantiate the defect claimed by purchaser, or determines that the defect is not covered under this limited warranty, Novatel Wireless will not be required to repair or replace the product, but may instead reship the product to the purchaser (or, at Novatel Wireless's option, to its authorized distributor where the product can be made available to purchaser), in which case the purchaser shall be responsible for paying Novatel Wireless's cost for reshipping the product to purchaser (or to Novatel Wireless's authorized distributor), and Novatel Wireless's usual charges for unpacking, testing, and repacking the product for reshipment to purchaser (or to Novatel Wireless's authorized distributor). Purchaser shall bear the risk of loss or damage in transit to any product returned by purchaser to Novatel Wireless, or any returned product not found to be defective or covered under this warranty, and reshipped by Novatel Wireless to purchaser (or to Novatel Wireless's authorized distributor). In the event Novatel Wireless repairs or replaces a defective product covered by this limited warranty, the repaired or replacement product will be covered under this limited warranty for the remainder of the original warranty period on the defective product, or a period of ninety (90) days, whichever is longer. If Novatel Wireless is unable to repair or replace a defective product covered by this limited warranty, Novatel Wireless will provide to purchaser a credit or a refund (at Novatel Wireless's option) of the original purchase price (excluding taxes and shipping charges). Any returned and replaced product, or any product for which Novatel Wireless has furnished a credit or a refund, becomes the property of Novatel Wireless.
Novatel Wireless shall not have any obligation to provide any firmware bug fixes, upgrades or new releases except as may be necessary to correct any covered defect of which purchaser notifies Novatel Wireless in writing during the warranty period. Novatel Wireless, from time to time and in its sole discretion, may make available for download on its website (www.novatelwireless.com), or may provide via email, certain firmware bug fixes, upgrades or new releases for the product. Download and use of any such bug fixes, upgrades or new releases is subject to all of the applicable terms and conditions of Novatel Wireless's technical support policy as posted and updated on its website.
Novatel Wireless shall have no obligation under this limited warranty for (a) normal wear and tear; (b) the cost of procurement of substitute products; or (c) any defect that is (i) discovered by purchaser during the warranty period but for which purchaser does not request an RMA number from Novatel Wireless, as required above, until after the end of the warranty period, (ii) caused by any accident, misuse, abuse, improper installation, handling or testing, or unauthorized repair or modification of the product, (iii) caused by use of any materials not supplied by Novatel Wireless, or by use of the product other than in accordance with its documentation, or (iv) the result of electrostatic discharge, electrical surge, fire, flood or similar causes, (v) due to outdated product software (if updated software has previously been made available to the purchaser), or (vi) resulting from the purchaser’s design, specifications or instructions for such products; or (d) for the integration, testing, verification, installation, suitability determinations or upgrades of products for deployment in the field by the purchaser or its customers.
The purchaser (or its customers, as applicable) shall be solely responsible for the proper configuration, testing and verification of the Novatel Wireless product prior to deployment in the field, and for ensuring that any end user product or system into which the Novatel Wireless product is integrated or incorporated operates as intended and meets the requirements of purchaser (or its customers). Novatel Wireless shall have no responsibility whatsoever for the integration, configuration, testing, verification, installation, upgrade, support or maintenance of any such end user product or system, or for any liabilities, damages, costs or expenses associated therewith.
NOVATEL WIRELESS'S SOLE RESPONSIBILITY AND PURCHASER'S SOLE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE FOR NOVATEL WIRELESS TO REPAIR OR REPLACE THE PRODUCT AS PROVIDED ABOVE. NOVATEL WIRELESS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NOVATEL WIRELESS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF USE, DATA, REVENUES OR PROFITS) RESULTING FROM A BREACH OF THIS WARRANTY OR BASED ON ANY OTHER LEGAL THEORY, EVEN IF NOVATEL WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Some jurisdictions may require a longer warranty period than specified above and, accordingly, for products sold in those jurisdictions the applicable warranty period shall be extended as required under the laws of those jurisdictions. Furthermore, some jurisdictions may not allow the disclaimer of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above disclaimer, limitation or exclusion may not apply to products sold in those jurisdictions. This limited warranty gives the purchaser specific legal rights and the purchaser may have other legal rights that vary from jurisdiction to jurisdiction.
This limited warranty shall be governed by the laws of the State of California, United States of America, without regard to conflict of laws principles. This limited warranty shall not be governed in any respect by the United Nations Convention on Contracts for the International Sale of Goods.
Rev. Jan. 2015