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16.2.4 Remedies
In the event of a hidden defect of which ViaMichelin is informed during the warranty period, your sole remedy shall
be to obtain the repair or replacement of the Hardware and/or the Software, solely at ViaMichelin’s discretion and at
its expense. If ViaMichelin cannot reasonably repair or replace the product, ViaMichelin may, solely at its discretion,
refund to you the purchase price paid for the product. Replaced parts or products may be new or refurbished or versions
that are comparable to the defective ViaMichelin product. ViaMichelin warrants all replaced Hardware and/or Software
for a period of ninety (90) days from the date of shipment or until the end of the original warranty period if this is later.
16.2.5 Implementation of the warranty.
To implement this warranty, you should contact the retailer you purchased the ViaMichelin product from and
return the Hardware and/or Software to it during the applicable warranty period, following the instructions the
retailer will give you. Dated proof of the initial purchase will be required.
16.2.6 Exclusions from the warranty.
This warranty excludes all other express, implicit or statutory warrantees, conditions and terms, including
merchantability warrantees, suitability for a specific use, accuracy, compliance with the description, regarding
satisfactory quality, the absence of any virus in the Software and non-copyright infringement.
However, no provision of this warranty shall affect your statutory rights.
16.2.7 Limitation of responsibility and liability.
Insofar as this is allowed by the applicable regulations, ViaMichelin and/or its suppliers shall under no circumstances
be responsible for any direct and/or indirect damage, special or subsequent damage, inparticular, for information
purposes but not limited to, the loss of earnings or profit, loss of business, loss of data and loss of software, or of
hardware, including the costs of recovery, reproduction or repairs following the above-mentioned loss, caused by the
use of and/or the impossibility of using the ViaMichelin product even if ViaMichelin and/or its suppliers have been
informed of the possibility of said damage. In any event, ViaMichelin’s liability shall be limited to the price you paid
for the ViaMichelin product.
16.2.8 Severability
If one of the provisions of this warranty proves to be invalid, unlawful or inapplicable, this shall not affect the
validity, lawfulness and applicability of the other provisions.
16.2.9 Governing law and jurisdiction.
For sales in Canada, Mexico or the United States, this warranty agreement shall be governed by the law of the State
of New York. For all other sales, this warranty agreement shall be governed by the law of France.
The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from
application to this warranty agreement.
Please note:
If you use the ViaMichelin portable navigation system in your vehicle, you are responsible for positioning
and using the navigation tools inside your vehicle so that the driver’s visibility is not obstructed and the operation of
safety systems is not hindered, and so as to avoid any risk of accident, injury and/or damage. You must obey road safety
rules and only handle the ViaMichelin portable navigation system when your vehicle is stationary. ViaMichelin and/or
its suppliers shall not be liable for any use of this product that may cause accidents or damage or that break the law, or
for any direct or indirect consequences thereof.
In accordance with the provisions of Directive 2002/96/EC of the European Parliament and of the Council of
27 January 2003 on waste electrical and electronic equipment (WEEE), this product should not be disposed
of in household waste. It must be deposited at an appropriate collection point for the treatment, recovery
and recycling of waste from electrical and electronic Hardware. By making this gesture for the environment, you
are helping to save natural resources and protect human health.
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