Internet on the Go Mobile Hotspot
1. Product Warranties. TruConnect Mobile LLC, dba Internet on the Go ("Seller") hereby warrants solely to end user customers ("Buyer") with respect to each of the Internet on the Go Mobile Hotspot products ("Products") for the Warranty Period (as defined below), that the Products do not contain any defects in material or workmanship that results in such Product's failure to function in any material respect (the "Product Warranty"). "Warranty Period" means, as to each Product, the period expiring twelve (12) months from the date of purchase by the Buyer.
2. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT EXCEPT AS SPECIFICALLY SET FORTH WITH PARTICULARITY IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON INFRINGEMENT, OR ANY EXPRES OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE.
3. Buyer's sole remedy for breach of the Product Warranty shall be the return of the allegedly defective Product to Seller. Buyer shall obtain from Seller a written authorization ("RMA") before returning any defective Product. Seller shall respond to any RMA request within five (5) business days of any such request. Seller also agrees to take receipt of the defective Product return within five (5) business days of any RMA issuance.
4. If such Product is defective, Seller, at Seller's sole option, shall repair or replace such Product within twenty (20) business days of Seller's receipt thereof (the "Warranty Replacement Period"). Seller shall cover the shipping costs associated with transporting the repaired or replaced units to Buyer.
5. In the event that Seller determines, using customary testing procedures, that the returned Product is not defective within the scope of the Product Warranty (an "NTF Unit(s)"), then Seller shall not be responsible for repair or replacement of such Product and Buyer shall cover the cost of the return of such unit to Buyer or its designee.
6. Notwithstanding the foregoing, the Product Warranty does not extend to (a) 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, (b) environmental conditions not conforming to the Seller Product Specification, or failure to follow prescribed installation, operating and maintenance procedures, (c) defects, errors or nonconformity's in the Product due to modifications, alterations, additions or changes not made in accordance with the Seller Product Specifications or authorized by Seller in writing, (d) normal wear and tear, (e) damage caused by force of nature or act of any third person, (f) shipping damage, or (g) service or repair of Product by Buyer or a later customer, without prior written consent from Seller.