CELLCONTROL OBD-DEVICE

Who is covered?

You must have proof of purchase to receive warranty service. A sales receipt, UPC Code or other document showing that you purchased the Device is considered proof of purchase. You must be active subscriber to the cellcontrol Service to be eligible for this warranty.

What is covered?

Only your cellcontrolDevice is covered by the terms of this Warranty. All other software, services, programs or components used in connection with the cellcontrol solution are provided “as-is” basis and without warranty, express or implied.

obdEdge has its obd-enabled devices (each, a “Device”) manufactured from parts and components that are new or equivalent to new in accordance with industry-standard practices. obdEdge warrants that the Device will be free from defects in materials and workmanship during the Limited Warranty Period described herein. The limited warranty coverage begins the day you purchase the Device and continues for the shorter time period of the following: (a) your Minimum Service Commitment; or (b) three years from the Activation Date (the “Limited Warranty Period”). Until the expiration of the Limited Warranty Period, your Device will be replaced with a repaired, renewed, or comparable product (whichever is deemed necessary by obdEdge) if it becomes defective or inoperative. You will be responsible for all shipping costs (including applicable taxes, if any). If you have any questions, contact Customer Support at the phone number found in the Service Agreement or under the “contact us” area on our Site.

All Dervices, including replacement Devices, are covered only for the original Limited Warranty Period. When the warranty on the original Device expires, the warranty on the replacement Device also expires.

What is excluded:

Your Limited Warranty does not cover:

• Labor charges for installation or setup of any new or replacement Device.
• Any taxes imposed on obdEdge for Devices replaced or repaired under this Limited Warranty.
• Installation, performance of, or repair of: cabling, lines, or accessory attachments, if any, that may be used with the Device;
• Any item, thing, product or service other than the Device, including, without limitation, any Third-Party Equipment or Third Party Services (as those terms are defined in the Service Agreement).
• Device replacement because of misuse, accident, weather-related damage, unauthorized repair, or other cause not within the control of obdEdge. Please note that removing the cover of the Device, or disassembling your Device for any reason, voids this Limited Warranty.
• Reception or transmission problems caused by signal conditions, cellular limits/capability, or services or systems outside the Device.
• Damages to, or viruses that may infect your Device or other devices arising from the use of unauthorized third party devices or services in connection with your Device.
• Incidental or consequential damages resulting from your use or installation of the Device. (Some states (or jurisdictions) do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.)
• A Device that has been modified or adapted to enable it to operate in any area or manner other than for which it was designed, manufactured, approved and/or authorized, or repair of Devices damaged by these modifications.
• Access connections (telephone or broadband), including charges from your communications provider.

Make sure you keep…

Please check your Installation Guide and the support sections of our Site (including the FAQs) before calling Customer Support. Following the troubleshooting tips contained therein may save you a call to Customer Support.

Before requesting service…

Please keep your sales receipt or other document showing proof of purchase. Attach it to the Installation Guide and keep both nearby. Also keep the original packing material in case you need to return your product.

To get warranty service…

In order to preserve your rights under this Limited Warranty, you must notify obdEdge within twenty (20) days of your discovery or any defect with respect to the Device. In addition to the exclusions and limitations set forth below, you will lose all rights under this limited warranty, in the following circumstances: (a) you fail to provide the notice required by the immediately preceding sentence; (b) the Device is operated under improper or unsafe environmental conditions or subjected to improper use; or (c) there has been a modification or attempted modification of the Device or Software by any person.

If you believe you need in-warranty service for your Device, contact Customer Support at the number found on the Installation Guide. A representative will go through a diagnostic checklist with you. If it is determined that the Device needs to be exchanged, you will receive a return authorization number (RMA). The repress entative will give you complete shipping and return details.

To get out-of-warranty service…

Please keep your sales receipt or other document showing proof of purchase. Attach it to the Installation Guide and keep both nearby. Also keep the original packing material in case you need to return your product.

Make sure you keep…

Out-of-warranty service may be offered by obdEdge, in its sole and absolute discretion, which may include costs of a replacement Device, shipping, handling and other charges. If you are interested in inquiring about obtain out-of-warranty service contact Customer Support at the number found on the back of the Installation Guide to obtain the cost of out-of-warranty exchange for your product.

THE LIMITED WARRANTY IS OUR EXCLUSIVE WRITTEN WARRANTY, AND IT APPLIES TO THE DEVICE ONLY. See, “Warranty Disclaimer” immediately below.

Warranty Disclaimer.

YOU UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY STATED HEREIN, THE CELLCONTROL DEVICE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OBDEDGE MAKES NO WARRANTY THAT THE CELLCONTROL SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTIONS, WILL ELIMINATE DRIVER DISTRCTION OR NEGLIGENCE OR THAT USE OF THE CELLCONTROL SERVICE (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, THE DEVICE AND THE REMOTE MANAGEMENT CONSOLE) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES OBDEDGE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY RULES OR POLICY SUBMITTED OR COMMUNICATED VIA THE CELLCONTROL SERVICE OR REMOTE MANAGEMENT CONSOLE; THAT ANY DEFECTS IN THE CELLCONTROL SERVICE WILL BE CORRECTED OR THAT THE CELLCONTROL DEVICE OR CELLCONTROL SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, OBDEDGE DOES NOT WARRANT THAT THE CELLCONTROL SERVICE OR THE CELLCONTROL SERVERS OR FACILITIES THAT ENABLE OR FACILIATE THE SERVICE (OR STORE PERTINENT DATA) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY STATED HEREIN, YOU (AND NOT OBDEDGE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. OBDEDGE ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR CELLCONTROL DEVICE, CELLCONTROL SOFTWARE, THIRD PARTY EQUIPMENT OR THIRD PARTY SERVICES. EXCEPT AS EXPRESSLY STATED HEREIN, OBDEDGE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE CELLCONTROL SERVICE OR CELLCONTROL DEVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.

OBDEDGE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY. IN NO EVENT WILL OBDEDGE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE WHATSOVER ARISING FROM OR RELATING TO YOUR USE OF THE CELLCONTROL SERVICE OR USE OF THE CELLCONTROL SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF OBDEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OBDEDGE'S OR ITS SUPPLIERS' TOTAL CUMULATIVE LIABILITY UNDER THIS LIMITED WARRANTY TO YOU AND ANYONE WHO USES THE CELLCONTROL SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO OBDEDGE FOR THE DEVICE. YOU UNDERSTAND THAT THESE LIMITATIONS OF OBDEDGE'S AND OBDEDGE'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If obdEdge mistakenly or wrongfully overcharges your account, this section does not limit obdEdge's obligation to refund such mistakenly or wrongfully overcharged amounts.

COPYRIGHT NOTICE. Copyright © 2009 obdEdge, LLC., 7117 Florida Blvd., Baton Rouge, Louisiana 70806.

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