KeepTruckin Limited Hardware Warranty
KeepTruckin provides the following limited warranty (the "Hardware Warranty") to any purchaser ("Customer") of one of KeepTruckin's Electronic Logging Devices and the software contained therein (collectively the "Hardware").
1. Defects Warranty.
1.1. KeepTruckin warrants that any Hardware purchased from KeepTruckin shall, for twelve (12) months from the date of dispatch from KeepTruckin to Customer, be free of defects in materials and workmanship under normal use and service and shall substantially conform with instruction manuals, user guides, and other information provided by KeepTruckin, or posted to its website, provided that such warranty is limited by the terms of this Hardware Warranty and the KeepTruckin Terms of Service located at keeptruckin.com/tos (the "Terms of Service").
2. Return, Repair and Premium Services Refund Policy.
2.1. Return and Replacement Procedure. In order to make a claim for defective Hardware under this Hardware Warranty you must report any defect to KeepTruckin, in writing. Upon receipt of such report, KeepTruckin shall run a diagnostic test of the Hardware to determine if there is a defect. Upon determining that there is a defect, KeepTruckin shall, within fifteen (15) days of determination of a defect, send a replacement unit of Hardware to Customer, at its own expense. Customer shall, at KeepTruckin's expense, package and return the ELD to KeepTruckin. Title to the defective Hardware shall pass to KeepTruckin upon receipt by Customer of the replacement ELD. Risk of loss shall pass to Customer upon shipment of such replacement ELD to Customer.
2.2. Unreturned Devices. If Customer has not returned any Hardware in accordance with Section 2.2 of this Hardware Warranty within thirty (30) days of receipt of replacement Hardware, or has returned such Hardware in damaged condition, KeepTruckin shall have the right to charge Customer $130 for each such unreturned or damaged Hardware.
2.3. Premium Services Refund Policy. This Section 2.3 only applies to Customers who have purchased subscription service directly through KeepTruckin. If you have entered into an agreement for services with a third party, please refer to your agreement with such party for any refund policy with respect to any downtime or defects in the Hardware. To the extent that KeepTruckin has not resolved a defect or sent Customer a replacement unit of Hardware within fifteen (15) days of receipt of any claim for defective Hardware under Section 2.2 of this Hardware Warranty, KeepTruckin will refund Customer a proportionate amount of fees paid for the Premium Services (as defined in the Terms of Service) during which the Premium Services were unavailable due to a defective unit of Hardware.
3.1. Sole and Exclusive Remedy. This Hardware Warranty and the return and repair policy contained herein represents Customers sole and exclusive remedy with respect to KeepTruckin Hardware.
3.2. Data on Hardware Devices. KeepTruckin is not responsible for any data contained on any unit of Hardware or for any loss of such data.
3.3. Limitations on Warranty. This Hardware Warranty is null and void in the event of (a) any alteration, modification or special configuration or installation or de-installation of the Hardware without following KeepTruckin's written instructions; (b) accidents affecting the Hardware, misuse, tampering with, abuse, neglect or damage the Hardware; (c) use of the Services (as defined in the Terms of Service) not in the ordinary course of your business operations; (d) connecting the Hardware to an improper voltage supply; (e) water, weather or physical damage; or (f) use of the Hardware with accessories and/or devices which are not approved by KeepTruckin.
3.4. Warranty Disclaimer and Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW AND EXCEPT AS PROVIDED HEREIN, KEEPTRUCKIN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY OF THE HARDWARE, WHICH IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS. ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE HARDWARE. KEEPTRUCKIN IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE HARDWARE.