Product Manual

ment and will substantially conform to the then-cur-
rent user documentation provided with the software
(including updates thereto). Ashtech's sole obliga-
tion shall be the correction or replacement of the me-
dia or the software so that it will substantially
conform to the then- current user documentation.
Ashtech does not warrant the software will meet pur-
chaser's requirements or that its operation will be un-
interrupted, error-free or virus-free. Purchaser
assumes the entire risk of using the software.
2. PURCHASER'S REMEDY
PURCHASER'S EXCLUSIVE REMEDY UNDER THIS
WRITTEN WARRANTY OR ANY IMPLIED WARRAN-
TY SHALL BE LIMITED TO THE REPAIR OR RE-
PLACEMENT, AT ASHTECH'S OPTION, OF ANY
DEFECTIVE PART OF THE RECEIVER OR ACCESSO-
RIES WHICH ARE COVERED BY THIS WARRANTY.
REPAIRS UNDER THIS WARRANTY SHALL ONLY
BE MADE AT AN AUTHORIZED ASHTECH SERVICE
CENTER. ANY REPAIRS BY A SERVICE CENTER
NOT AUTHORIZED BY ASHTECH WILL VOID THIS
WARRANTY.
3. PURCHASER'S DUTIES
To obtain service, contact and return the product
with a copy of the original sales receipt to the dealer
from whom you purchased the product.
Ashtech reserves the right to refuse to provide service
free-of-charge if the sales receipt is not provided or if
the information contained in it is incomplete or illeg-
ible or if the serial number is altered or removed.
Ashtech will not be responsible for any losses or dam-
age to the product incurred while the product is in
transit or is being shipped for repair. Insurance is
recommended. Ashtech suggests using a trackable
shipping method such as UPS or FedEx when return-
ing a product for service.
4. LIMITATION OF IMPLIED WARRANTIES
EXCEPT AS SET FORTH IN ITEM 1 ABOVE, ALL
OTHER EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING THOSE OF FITNESS FOR ANY PARTIC-
ULAR PURPOSE OR MERCHANTABILITY, ARE
HEREBY DISCLAIMED AND IF APPLICABLE, IM-
PLIED WARRANTIES UNDER ARTICLE 35 OF THE
UNITED NATIONS CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS.
Some national, state, or local laws do not allow limi-
tations on implied warranty or how long an implied
warranty lasts, so the above limitation may not apply
to you.
5. EXCLUSIONS
The following are excluded from the warranty cover-
age:
(1) periodic maintenance and repair or replacement
of parts due to normal wear and tear;
(2) batteries;
(3) finishes;
(4) installations or defects resulting from installa-
tion;
(5) any damage caused by (i) shipping, misuse,
abuse, negligence, tampering, or improper use; (ii)
disasters such as fire, flood, wind, and lightning; (iii)
unauthorized attachments or modification;
(6) service performed or attempted by anyone other
than an authorized Ashtech Service Center;
(7) any product, components or parts not manufac-
tured by Ashtech,
(8) that the receiver will be free from any claim for
infringement of any patent, trademark, copyright or
other proprietary right, including trade secrets
(9) any damage due to accident, resulting from inac-
curate satellite transmissions. Inaccurate transmis-
sions can occur due to changes in the position,
health or geometry of a satellite or modifications to
the receiver that may be required due to any change
in the GPS. (Note: Ashtech GPS receivers use GPS or
GPS+GLONASS to obtain position, velocity and time
information. GPS is operated by the U.S. Govern-
ment and GLONASS is the Global Navigation Satel-
lite System of the Russian Federation, which are
solely responsible for the accuracy and maintenance
of their systems. Certain conditions can cause inac-
curacies which could require modifications to the re-
ceiver. Examples of such conditions include but are
not limited to changes in the GPS or GLONASS trans-
mission.).
Opening, dismantling or repairing of this product by
anyone other than an authorized Ashtech Service
Center will void this warranty.
6. EXCLUSION OF INCIDENTAL OR CONSEQUEN-
TIAL DAMAGES
ASHTECH SHALL NOT BE LIABLE TO PURCHASER
OR ANY OTHER PERSON FOR ANY INDIRECT, IN-
CIDENTAL OR CONSEQUENTIAL DAMAGES WHAT-
SOEVER, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, DAMAGES RESULTING FROM DELAY OR
LOSS OF USE, LOSS OF OR DAMAGES ARISING
OUT OF BREACH OF THIS WARRANTY OR ANY IM-
PLIED WARRANTY EVEN THOUGH CAUSED BY
NEGLIGENCE OR OTHER FAULT OFASHTECH OR
NEGLIGENT USAGE OF THE PRODUCT. IN NO
EVENT WILL ASHTECH BE RESPONSIBLE FOR
SUCH DAMAGES, EVEN IF ASHTECH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAG-
ES.
Some national, state, or local laws do not allow the
exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may
not apply to you.
7. COMPLETE AGREEMENT
This written warranty is the complete, final and ex-
clusive agreement between Ashtech and the pur-
chaser with respect to the quality of performance of
the goods and any and all warranties and representa-
tions. THIS WARRANTY SETS FORTH ALL OF
ASHTECH'S RESPONSIBILITIES REGARDING THIS
PRODUCT.
THIS WARRANTY GIVES YOU SPECIFIC RIGHTS.
YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM LOCALITY TO LOCALITY (including Directive
1999/44/EC in the EC Member States) AND CER-
TAIN LIMITATIONS CONTAINED IN THIS WARRAN-
TY MAY NOT APPLY TO YOU.
8. CHOICE OF LAW.
This limited warranty is governed by the laws of
France, without reference to its conflict of law provi-
sions or the U.N. Convention on Contracts for the In-
ternational Sale of Goods, and shall benefit Ashtech,
its successors and assigns.
THIS WARRANTY DOES NOT AFFECT THE CUS-
TOMER'S STATUTORY RIGHTS UNDER APPLICA-
BLE LAWS IN FORCE IN THEIR LOCALITY, NOR
THE CUSTOMER'S RIGHTS AGAINST THE DEALER
ARISING FROM THEIR SALES/PURCHASE CON-
TRACT (such as the guarantees in France for latent