End-User Warranty for AirLink Products
Release Date: 3
rd
October, 2016
Page 1 of 2
By using this product you agree to the following
provisions which contain limitations on
warranties and liabilities and your remedies.
1. DEFINITIONS.
1.1 Definitions. In this End-User Warranty:
(a) “Date of Purchase” means the date indicated
on the original bill of sale or receipted invoice
for the Product from the Distributor or, if
neither of these is available, the date
indicated on the Product activation certificate;
(b) “Distributor” means a Sierra Wireless
authorised distributor;
(c) “Product” means any of the following Sierra
Wireless products: MG Series, oMG Series,
MP Series, RV Series, GX Series, ES Series,
LS Series, FX Series, and GL Series. For
greater certainty, “Product” does not include
the suite of device management tools that are
supplied with the foregoing products, and
which are covered under a separate software
licence;
(d) “Sierra Wireless” means Sierra Wireless, Inc.
and any legal entity or entities directly or
indirectly controlling, controlled by, or under
common control with Sierra Wireless, Inc.
“Control” means the right to exercise, directly
or indirectly, more than 50% of the voting
rights attributable to the shares, partnership
interests, membership shares or similar
ownership interest of such controlled entity;
(e) “YOU” and “YOUR” means the individual or
entity who originally purchased the Product;
and
(f) “Warranty Period” means the period starting
on the Date of Purchase and ending, if you
have not purchased an extended warranty, as
follows:
Standard Term
GX400
MG90
MP70
RV50
GX450
ES450
LS300
oMG2000
oMG500
FX Series
GL Series
5 Years
3 Years
1 Year
Additionally, 2-year warranty extensions are
available for the following products:
2-year Warranty Extension
MG90
oMG2000
oMG500
MP70
RV50
GX450
ES450
LS300
1.2 Headings. Headings have been inserted in
these provisions for convenience of reference
only and will not affect their construction.
2. WARRANTY.
2.1 Warranty. If YOU are the original end-user
purchaser of the Product, Sierra Wireless
provides YOU with a personal, non-
transferable, warranty that, during the Warranty
Period:
(a) the Product shall be of good quality and free
from defects in design, materials, workmanship
and manufacture under normal use and
service;
(b) all materials, parts, components and other
items incorporated in the Product shall be new
and
(c) the Product shall comply with, and perform in
accordance with, the Product specifications
current at the Date of Purchase.
2.2 Warranty Returns. During the Warranty
Period, if YOU wish to return a defective
Product, YOU must first contact Sierra Wireless
via e-mail at support@sierrawireless.com to
obtain a Return Material Authorisation
(“RMA”) and a RMA submission form.
You may then return the defective Product,
transportation charges prepaid, accompanied
by written proof of purchase (a bill of sale or
receipted invoice or activation certificate), and
YOUR completed RMA submission form
(including the RMA number) to Sierra
Wireless at the address set out in the RMA
submission form.
2.3 If Sierra Wireless determines that the Product
YOU returned meets the warranty set out in
Section 2.1 above (Warranty), Sierra Wireless
shall, at its expense:
(a) either:
(i) repair the Product; or
(ii) replace the Product with a new or a
rebuilt unit (which may use refurbished
parts of similar quality and functionality);
(b) ship the repaired or replaced unit back to
YOU; and
(c) warrant the repaired or replaced Product for a
period of ninety (90) days or the remainder of
the original Warranty Period, whichever is
longer.
2.4 Not Covered. This warranty does not cover:
(a) a Product for which YOU are not the original
purchaser;
(b) a Product that is returned after the Warranty
Period has expired;
(c) a Product that has been installed other than
per the Sierra Wireless Installation
Guidelines;
(d) a Product that has been maintained, altered
or modified, opened (other than per the Sierra
Wireless User Guide) or repaired, other than
by Sierra Wireless or by a Sierra Wireless
authorized service center;
Release Date: 3
rd
October, 2016
Sierra Wireless – End-User Warranty for AirLink Products
Page 2 of 2
(e) a Product that has been used outside of its
published maximum ratings or with hardware
that is electrically or mechanically
incompatible;
(f) a Product on which the serial number has
been altered, removed or rendered illegible;
(g) a Product that has been physically damaged,
other than by Sierra Wireless or a Sierra
Wireless authorised service centre;
(h) a Product that experiences signal reception
problems, unless caused by a defect in
material(s) or workmanship in the Product;
(i) the cost of installation, removal or
reinstallation of the Product, or the cost of
shipping the defective Product to Sierra
Wireless;
(j) accidents, failure to follow instructions, use
outside the scope of any other provided
documentation (e.g., user guide, installation
guide, quick start guide), misuse, abuse,
neglect, fire, flood or acts of God;
(k) technical assistance to install and operate the
Product; or
(l) any warranties provided to YOU by the
Distributor.
2.5 Out of Warranty. YOU shall pay Sierra
Wireless for all reasonable parts, labour and
shipping charges incurred by Sierra Wireless
to repair or replace a defective Product that,
per Section 2.4 above (Not Covered) is not
covered by this End-User Warranty.
3. EXCLUSIONS & LIMITATIONS.
3.1 NO OTHER REMEDIES OR WARRANTIES. YOUR
SOLE REMEDY UNDER THIS END-USER
WARRANTY IS REPAIR OR REPLACEMENT OF THE
AFFECTED PRODUCT. TO THE EXTENT
PERMITTED BY APPLICABLE LAW, SIERRA
WIRELESS EXPRESSLY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED
OR STATUTORY, WRITTEN OR ORAL, WITH
RESPECT TO THE PRODUCT, INCLUDING, BUT
NOT LIMITED TO ANY WARRANTY OF NON-
INFRINGEMENT, MERCHANTABLE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE.
3.2 CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
SIERRA WIRELESS, ITS DIRECTORS, OFFICERS,
EMPLOYEES, SUPPLIERS AND AGENTS, BE LIABLE
FOR INJURY TO PERSONS OR PROPERTY, OR FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES, INCLUDING LOSS OF PROFITS OR
REVENUES, LOST OR DAMAGED DATA, FAILURE TO
REALIZE EXPECTED SAVINGS, CLAIMS AGAINST
THEM BY THIRD PARTIES, OR ANY OTHER
COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND,
WHETHER BASED ON CONTRACT, TORT (INCLUDING
THEORIES OF NEGLIGENCE, RECKLESSNESS,
STRICT LIABILITY, OR DEFECTIVE PRODUCT
LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR THEY ARE FORSEEABLE, ARISING OUT OF
YOUR USE OF OR INABILITY TO USE THE PRODUCT.
3.3 MAXIMUM LIABILITY. THE TOTAL LIABILITY OF
SIERRA WIRELESS FOR FAILURE TO FULFILL ITS
WARRANTY OBLIGATIONS, AND OF SIERRA
WIRELESS, ITS DIRECTORS, OFFICERS,
EMPLOYEES, SUPPLIERS AND AGENTS, FOR ANY
OTHER LIABILITY UNDER, OR IN CONNECTION WITH
THIS PRODUCT, REGARDLESS OF THE NUMBER OF
EVENTS, OCCURRENCES OR CLAIMS GIVING RISE
TO LIABILITY, SHALL BE LIMITED TO THE AMOUNT
YOU PAID FOR THE PRODUCT.
3.4 Some jurisdictions do not allow the exclusion of
implied warranties and conditions and do not
permit the exclusion or limitation of certain
damages. Therefore, the exclusions set out in
this End-User Warranty may not apply to YOU.
4. GENERAL.
4.1 Governing Law & Disputes. All claims or
disputes arising under or in connection with this
End-User Warranty shall be submitted to
arbitration before a single arbitrator under the
rules of The American Arbitration
Association. The laws of the State of California
and the laws of the United States applicable
therein shall govern all such claims or disputes
(without giving effect to principles of conflicts
of laws). The location of the arbitration shall
be San Diego, California.
4.2 Severability. Any provision of this End-User
Warranty which is, or is deemed to be,
unenforceable in any jurisdiction shall be
severable from this End-User Warranty in that
jurisdiction, without in any way invalidating the
remaining provisions of this End-User
Warranty and any such unenforceability in
that jurisdiction shall not make that provision
unenforceable in any other jurisdiction.
4.3 Modifications. This End-User Warranty
shall not be modified except by a document
signed and made part of this Agreement by
an authorized signing officer of Sierra
Wireless.
4.4 Waiver. A waiver of any right, obligation or
default will shall only be effective if it is in
writing and signed by the party against whom
the waiver is sought to be enforced. Any
particular waiver of any right, obligation or
default will not be construed as a waiver of
any subsequent or other right, obligation or
default. The remedies of each party shall be
cumulative and not exclusive.
4.5 Notices. All notices shall be in writing, shall
be signed by the party giving notice, and shall
be effective on receipt. If a notice duly signed
by the party giving notice is transmitted to the
other party by facsimile or as a pdf
attachment to an e-mail, the facsimile
transmission or pdf attachment will be
deemed an executed original of the notice
and of such signature.
4.6 Assignment. YOU may not assign this
Agreement, in whole or in part, without the
prior written consent of Sierra Wireless.
4.7 Entire Agreement. This End-User Warranty
constitutes the entire agreement between the
YOU and Sierra Wireless on the subject
matter and supersedes any prior agreement
or understanding, written or oral.