Limited Warranty and Liability
Novatel Wireless, Inc. warrants for the 12 month period immediately following receipt
of the Product by Purchaser that the Product will be free from defects in material and
workmanship under normal use. 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.
The exclusive remedy for a claim under this warranty shall be limited to the repair or
replacement, at Novatel Wireless' option, of defective or non-conforming materials,
parts or components. The foregoing warranties do not extend to (I) non conformities,
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 Wireless' specification, of failure to follow
prescribed installation, operating and maintenance procedures, (II) defects, errors or
nonconformity's in the Product due to modifications, alterations, additions or changes
not made in accordance with Novatel Wireless' specifications or authorized by Novatel
Wireless, (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 Wireless, (VII) products designated by
Novatel Wireless as beta site test samples, experimental, developmental, reproduction,
sample, incomplete or out of specification Products, or (VIII) returned products if the
original identification marks have been removed or altered.
