Novatel GNSS Receiver and Antenna SMART-AG - Manual (Page 11)

Terms and Conditions
SMART-AG User Manual Rev 5 11
6. LIMITED WARRANTY AND LIABILITY: Warranty Period: Products - 1 year; Accessories -
90 days (in each case from the date of invoice). NovAtel warrants that during the Warranty Period that
(a) the Product will be free from defects in material and workmanship and conform to NovAtel
specifications; (b) the software will be free from error which materially affect performance; and (c) if
applicable as defined in the User’s Manual, be eligible for access to post contract support and software
updates when available. THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NOVATEL SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO
ANY CAUSE.
Purchaser’s exclusive remedy for a claim under this warranty shall be limited to the repair or
replacement at NovAtel’s option and at NovAtel’s facility, of defective or nonconforming materials,
parts or components or in the case of software, provision of a software revision for implementation by
the Buyer. All material returned under warranty shall be returned to NovAtel prepaid by the Buyer
and returned to the Buyer, prepaid by NovAtel. The foregoing warranties do not extend to (i)
nonconformities, defects or errors in the Products due to accident, abuse, misuse or negligent use of
the Products or use in other than a normal and customary manner, environmental conditions not
conforming to NovAtel’s specifications, or failure to follow prescribed installation, operating and
maintenance procedures, (ii) defects, errors or nonconformities in the Products due to modifications,
alterations, additions or changes not made in accordance with NovAtel’s specifications or authorized
by NovAtel, (iii) normal wear and tear, (iv) damage caused by force of nature or act of any third
person, (v) shipping damage, (vi) service or repair of Product by the Purchaser without prior written
consent from NovAtel, (vii) Products designated by NovAtel as beta site test samples, experimental,
developmental, preproduction, sample, incomplete or out of specification Products, (viii) returned
Products if the original identification marks have been removed or altered or (ix) Services or research
activities.
7. EXCLUSION OF LIABILITY: If a Party would, but for this paragraph (7), have concurrent
claims in contract and tort (including negligence) such claims in tort (including negligence) shall to
the extent permitted by law be wholly barred, unenforceable and excluded.
NovAtel shall not be liable to the Buyer by way of indemnity or by reason of any breach of the Order
or of statutory duty or by reason of tort (including but not limited to negligence) for any loss of profit,
loss of use, loss of production, loss of contracts or for any financing costs or for any indirect or
consequential damage whatsoever that may be suffered by the Buyer.
In the event and to the extent that NovAtel shall have any liability to Buyer pursuant to the terms of
the Order, NovAtel shall be liable to Buyer only for those damages which have been foreseen or might
have reasonably been foreseen on the date of effectivity of the Order and which are solely an
immediate and direct result of any act or omission of NovAtel in performing the work or any portion
thereof under the Order and which are not in the aggregate in excess of ten (10%) percent of the total
Order price.