Specifications

Warranty Information
Page 27
antee that the Equipment will perform in accordance with the
requirements of such usage;
3. ComNav reserves the right to modify the Equipment without
any obligation to notify, supply or install any improvements or
alterations to existing Equipment.
NO OTHER WARRANTIES
THE FOREGOING WARRANTY IS EXCLUSIVE OF ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL
OR IMPLIED, ARISING BY STATUTE OR OTHERWISE, WITH
RESPECT TO THE DESIGN, SALE, INSTALLATION OR USE OF
THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR THE ORDINARY PURPOSES FOR WHICH THE
EQUIPMENT IS USED OR FITNESS FOR A PARTICULAR
PURPOSE, AND ANY OTHER OBLIGATIONS ON THE PART OF
COMNAV, ITS EMPLOYEES, SUPPLIERS, AGENTS, OR
REPRESENTATIVES.
LIMITATION OF LIABILITY
The extent of ComNav’s liability for damages of any nature to the
end purchaser or any other person or entity whether in contract or
tort, and whether to persons or property, shall in no case exceed, in
the aggregate, the cost of correcting the defect in the equipment or,
at ComNav’s option, the cost of replacing the defective item. In no
event will ComNav be liable for any loss of production, loss of
profits, loss of use or for any special, indirect, incidental,
consequential or contingent damages, even if ComNav has been
advised of the possibility of such damages. Without limiting the
foregoing, ComNav shall not be liable for any damages of any kind
resulting from installation, use, quality, performance or accuracy of
the equipment.
NOTICE OF DEFECT
The Limited Warranty will not apply with respect to any defective
Equipment unless written notice of such defect is given to ComNav,
by mail to the address for ComNav set forth below, or by facsimile to
ComNav at 604-207-8008, and unless that written notice is received
by ComNav within ten (10) days of the date upon which the defect
first became known to the Purchaser.
Notices sent by mail from within North America will be deemed to be
received by ComNav on the seventh (7th) day first following the
date of posting. Notices sent by mail from anywhere else in the
world will be deemed to be received by ComNav on the tenth (10th)
day next following the date of posting. Notices sent by facsimile will
be deemed to be received by ComNav on the date of transmission
with appropriate answerback confirmation.
REMEDIES NOT TRANSFERABLE
The Purchaser’s remedies under this Warranty apply only to the
original end-user of the ComNav Equipment, being the Purchaser,
and apply only to the original installation of the Equipment. The
Purchaser’s remedies under this Warranty are not transferable or
assignable by the Purchaser to others in whole or in part.
CUSTOMER REMEDIES
1. If the Equipment, or any part thereof, proves to be defective
within the warranty period, the Purchaser shall do the following: