Revised September 08, 2020
THIS 90 DAY LIMITED WARRANTY IS SUBJECT TO THE TERMS OF USE FOR SERVICES WHICH ARE INCORPORATED IN FULL BY THIS REFERENCE. TO THE EXTENT THE TERMS OF THIS LIMITED WARRANTY CONFLICT WITH THE TERMS OF USE FOR SERVICES, THE TERMS OF THIS LIMITED WARRANTY WILL CONTROL ONLY WITH RESPECT TO THE SUBJECT MATTER HEREIN.
This 90 Day limited warranty is provided by Savy Driver ("Warrantor") to you as a purchaser of the Savy OBDII Reader ("Hardware"). New Hardware provided by Warrantor is warranted to be free from defects in materials or workmanship under normal use for ninety (90) days from the date of purchase by the original purchaser ("Warranty Period"). Within the Warranty Period, Warrantor will, at its sole option, and as Warrantor's sole liability and your exclusive remedy: (i) repair the Hardware with new or refurbished parts or (ii) replace the Hardware with reasonably available equivalent new or refurbished Hardware. Such repairs or replacement will be made at no charge to you for parts or labor, provided that you shall be responsible for any shipping and handling costs for your returns as described below. All Hardware and parts that are replaced become the property of Warrantor. This limited warranty extends only to Hardware purchased from Warrantor or its authorized representative and only to the original purchaser. Any repair or replacement of the Hardware will not extend the duration of this warranty. This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) casings, non-electrical physical parts or mechanical components, the device's wiring harness or consumable parts, such as batteries; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of Warrantor; (v) damage to Hardware that has been modified or altered without the written permission of Warrantor; or (vi) Hardware that has not been installed, operated, or maintained in accordance with instructions supplied by Warrantor. In addition, Warrantor reserves the right to refuse warranty claims for Hardware that is obtained and/or used in contravention of applicable laws.
After the Warranty Period above has expired, for any reason the original purchaser may purchase a one-time replacement device at a discounted replacement rate of $99.00 directly from SAVY Driver to replace a lost, stolen, broken, damaged, or malfunctioning device that is outside of the original Warranty Period for up to 36 months after the original purchase date. The replacement device will be added to the users account and carry forth the remaining balance of the service term associated with the original purchase of the device and the original device service will be terminated. To make this purchase, please submit a request to support@savydrivers.com
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE AND SERVICES PROVIDED BY OR THROUGH WARRANTOR WITH THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE OR OTHERWISE DOWNLOADABLE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, Warrantor does not warrant that the operation of the Hardware, software or service will be uninterrupted or error free. Also, Warrantor does not warrant that the Hardware, software or service, or any equipment, system, or network on which the Hardware, software or service are used will be free of vulnerability to intrusion or attack.
This limited warranty does not guarantee any continued availability of any third party's service on which the Hardware's use or operation may depend, such as Cellular network availability which Dealer has no ability to control.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, ARE DISCLAIMED.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WARRANTOR OR ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, ANY DATA ERASED BY WARRANTOR IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF HARDWARE), LOST REVENUE OR PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, WARRANTIES, SOFTWARE OR SERVICES, DAMAGE TO THE VEHICLE TO WHICH YOU CONNECT THE HARDWARE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT OF SUCH HARDWARE, SOFTWARE OR SERVICE, EVEN IF WARRANTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE HARDWARE IS EXCLUSIVELY FOR USE WITHIN THE U.S., AND WARRANTOR AND ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS SHALL NOT BE LIABLE FOR ANY USE OUTSIDE OF THE U.S. IN NO EVENT WILL WARRANTOR'S OR ITS SUPPLIER'S, DISTRIBUTOR'S OR LICENSOR'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED UNDER THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
No Warrantor employee, distributor, agent, or reseller is authorized to make any verbal or written modification, extension or addition to this limited warranty, and Warrantor expressly disclaims any such change to this limited warranty. If any portion of this limited warranty is found to be void or unenforceable, its remaining provisions shall remain in full force and effect.
To obtain warranty service, contact us at support@savydrivers.com and we will provide instructions on submitting your claim. You will be responsible for securely packaging the Hardware and including the requested information, such as account verification information. You are also responsible for all shipping and handling charges, in addition to any other associated taxes or charges when returning the Hardware. Hardware for which Warrantor cannot reproduce the claimed defect or for which your purchase cannot be verified may be rejected.
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