Spectra Precision FAST Survey Reference Manual - Manual (Page 3)

THIS WARRANTY APPLIES ONLY TO THE ORIGINAL PURCHASER OF
THIS PRODUCT.
In the event of a defect, Ashtech will, at its option, repair or replace the
hardware product with no charge to the purchaser for parts or labor. The
repaired or replaced product will be warranted for 90 days from the
date of return shipment, or for the balance of the original warranty,
whichever is longer. Ashtech warrants that software products or soft-
ware included in hardware products will be free from defects in the me-
dia for a period of 30 days from the date of shipment and will
substantially conform to the then-current user documentation provided
with the software (including updates thereto). Ashtech's sole obligation
shall be the correction or replacement of the media or the software so
that it will substantially conform to the then- current user documenta-
tion. Ashtech does not warrant the software will meet purchaser's re-
quirements or that its operation will be uninterrupted, error-free or
virus-free. Purchaser assumes the entire risk of using the software.
2. PURCHASER'S REMEDY
PURCHASER'S EXCLUSIVE REMEDY UNDER THIS WRITTEN WAR-
RANTY OR ANY IMPLIED WARRANTY SHALL BE LIMITED TO THE
REPAIR OR REPLACEMENT, AT ASHTECH'S OPTION, OF ANY DEFEC-
TIVE PART OF THE RECEIVER OR ACCESSORIES WHICH ARE COV-
ERED BY THIS WARRANTY. REPAIRS UNDER THIS WARRANTY
SHALL ONLY BE MADE AT AN AUTHORIZED ASHTECH SERVICE
CENTER. ANY REPAIRS BY A SERVICE CENTER NOT AUTHORIZED
BY ASHTECH WILL VOID THIS WARRANTY.
3. PURCHASER'S DUTIES
To obtain service, contact and return the product with a copy of the
original sales receipt to the dealer from whom you purchased the prod-
uct.
Ashtech reserves the right to refuse to provide service free-of-charge if
the sales receipt is not provided or if the information contained in it is
incomplete or illegible or if the serial number is altered or removed.
Ashtech will not be responsible for any losses or damage to the product
incurred while the product is in transit or is being shipped for repair.
Insurance is recommended. Ashtech suggests using a trackable ship-
ping method such as UPS or FedEx when returning a product for ser-
vice.
4. LIMITATION OF IMPLIED WARRANTIES
EXCEPT AS SET FORTH IN ITEM 1 ABOVE, ALL OTHER EXPRESSED
OR IMPLIED WARRANTIES, INCLUDING THOSE OF FITNESS FOR
ANY PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY
DISCLAIMED AND IF APPLICABLE, IMPLIED WARRANTIES UNDER
ARTICLE 35 OF THE UNITED NATIONS CONVENTION ON CON-
TRACTS FOR THE INTERNATIONAL SALE OF GOODS.
Some national, state, or local laws do not allow limitations on implied
warranty or how long an implied warranty lasts, so the above limitation
may not apply to you.
5. EXCLUSIONS
The following are excluded from the warranty coverage:
(1) periodic maintenance and repair or replacement of parts due to nor-
mal wear and tear;
(2) batteries;
(3) finishes;
(4) installations or defects resulting from installation;
(5) any damage caused by (i) shipping, misuse, abuse, negligence,
tampering, or improper use; (ii) disasters such as fire, flood, wind, and
lightning; (iii) unauthorized attachments or modification;
(6) service performed or attempted by anyone other than an authorized
Ashtechs Service Center;
(7) any product, components or parts not manufactured by Ashtech,
(8) that the receiver will be free from any claim for infringement of any
patent, trademark, copyright or other proprietary right, including trade
secrets
(9) any damage due to accident, resulting from inaccurate satellite
transmissions. Inaccurate transmissions can occur due to changes in
the position, health or geometry of a satellite or modifications to the re-
ceiver that may be required due to any change in the GPS. (Note:
Ashtech GPS receivers use GPS or GPS+GLONASS to obtain position,
velocity and time information. GPS is operated by the U.S. Government
and GLONASS is the Global Navigation Satellite System of the Russian
Federation, which are solely responsible for the accuracy and mainte-
nance of their systems. Certain conditions can cause inaccuracies
which could require modifications to the receiver. Examples of such
conditions include but are not limited to changes in the GPS or
GLONASS transmission.).
Opening, dismantling or repairing of this product by anyone other than
an authorized Ashtech Service Center will void this warranty.
6. EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES
ASHTECH SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER
PERSON FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, DAMAGES RESULTING FROM DELAY OR LOSS OF USE,
LOSS OF OR DAMAGES ARISING OUT OF BREACH OF THIS WAR-
RANTY OR ANY IMPLIED WARRANTY EVEN THOUGH CAUSED BY
NEGLIGENCE OR OTHER FAULT OFASHTECH OR NEGLIGENT US-
AGE OF THE PRODUCT. IN NO EVENT WILL ASHTECH BE RESPON-
SIBLE FOR SUCH DAMAGES, EVEN IF ASHTECH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some national, state, or local laws do not allow the exclusion or limita-
tion of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
7. COMPLETE AGREEMENT
This written warranty is the complete, final and exclusive agreement
between Ashtech and the purchaser with respect to the quality of per-
formance of the goods and any and all warranties and representations.
THIS WARRANTY SETS FORTH ALL OF Ashtech'S RESPONSIBILI-
TIES REGARDING THIS PRODUCT.
THIS WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE
OTHER RIGHTS WHICH VARY FROM LOCALITY TO LOCALITY (includ-
ing Directive 1999/44/EC in the EC Member States) AND CERTAIN
LIMITATIONS CONTAINED IN THIS WARRANTY MAY NOT APPLY TO
YOU.
8. CHOICE OF LAW.
This limited warranty is governed by the laws of France, without refer-
ence to its conflict of law provisions or the U.N. Convention on Con-
tracts for the International Sale of Goods, and shall benefit Ashtech, its
successors and assigns.
THIS WARRANTY DOES NOT AFFECT THE CUSTOMER'S STATUTORY
RIGHTS UNDER APPLICABLE LAWS IN FORCE IN THEIR LOCALITY,
NOR THE CUSTOMER'S RIGHTS AGAINST THE DEALER ARISING
FROM THEIR SALES/PURCHASE CONTRACT (such as the guarantees
in France for latent defects in accordance with Article 1641 et seq of
the French Civil Code).
For further information concerning this limited warranty, please call or
write:
Ashtech SAS - ZAC La Fleuriaye - BP 433 - 44474 Carquefou Cedex -
France.
Phone: +33 (0)2 28 09 38 00, Fax: +33 (0)2 28 09 39 39