User's Manual

14 R001 Safety and Regulatory Guide
OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE
INSTALLED BY Xplore WHEN THE PRODUCT IS
MANUFACTURED.
Xplore DOES NOT WARRANT SOFTWARE PRODUCTS,
INCLUDING ANY SOFTWARE PRODUCTS OR THE
OPERATING SYSTEM PREINSTALLED BY Xplore. Xplore's
only obligations with respect to software distributed by
Xplore under the Xplore brand name are set forth in the
applicable end-user license or program license agreement.
Non-Xplore hardware and software products are provided
“AS IS.” However, non-Xplore manufacturers, suppliers, or
publishers may provide their own warranties directly to
you.
Warranty exclusions
This Limited Warranty does not extend to:
a. Expendable parts;
b. Any product from which the serial number has been
removed or altered;
c. Cosmetic damage or ordinary wear and tear;
d. Damage or non-functionality that results from (i) failure
to follow the instructions that came with the product;
(ii) accident, misuse, abuse, or other external causes; (iii)
operation outside the usage parameters stated in the
then-current user documentation for the product; or (iv)
use of parts not manufactured or sold by Xplore; or
e. Damage or non-functionality due to modifications or
service by anyone other than (i) Xplore, (ii) a Xplore
authorized service provider, or (iii) your own installation
of end-user replaceable Xplore or Xplore-approved
parts.
Limitation of liability
IF YOUR Xplore PRODUCT FAILS TO WORK AS WARRANTED
ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
REPAIR OR REPLACEMENT. Xplore'S MAXIMUM LIABILITY
UNDER THIS LIMITED WARRANTY OR RELATED IN ANY WAY
TO THE Xplore PRODUCT IS EXPRESSLY LIMITED TO THE
LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT
OR THE COST OF REPAIR OR REPLACEMENT OF ANY
HARDWARE COMPONENTS THAT MALFUNCTION IN
CONDITIONS OF NORMAL USE.
Xplore SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED
BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO
PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Xplore SHALL NOT BE LIABLE FOR ANY CLAIM MADE BY A
THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER
DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS
LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING
NEGLIGENCE AND STRICT PRODUCT LIABILITY), A
CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION
OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY
PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE
EVEN IF Xplore KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF
LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR
PERSONAL INJURY. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER
RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM
COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT
APPLICABLE STATE OR COUNTRY LAWS FOR A FULL
DETERMINATION OF YOUR RIGHTS.
Software technical support
Software technical support is defined as assistance with
questions and issues about the software that was either
preinstalled by Xplore on the Xplore Product or that was
included with the Xplore branded product at the time of
your purchase or lease of the product. Technical support
for software is available for the duration of your warranty
period. Your dated sales or delivery receipt, showing the
date of purchase or lease of the product, is your proof of
the purchase or lease date. You may be required to provide
proof of purchase or lease as a condition of receiving
software technical support. After the first ninety (90) days,
technical support for software that was either preinstalled
by Xplore on the Xplore Product or included with the
Xplore Product at the time of your purchase or lease of the
product is available for a fee.
Warranty transfer to another country
Xplore is not responsible for any handling fees, tariffs, or
import duties that may be incurred in transferring the
Products. Products and software may be covered by export
controls issued by the United States or other governments.
Australia
The Australian Competition and Consumer Act (2010)
(including the “Australian Consumer Law”) as well as other
laws in Australia (“Mandatory Laws”) guarantee certain
conditions, warranties and undertakings, and give you
other legal rights, in relation to the quality and fitness for
purpose of Xplore Technologies consumer products sold in
Australia.
In Australia, our goods come with guarantees that cannot
be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or
damage. You are also entitled to have the goods repaired
or replaced if the goods fail to be of acceptable quality and
the failure does not amount to a major failure. What
constitutes a major failure is set out in the Australian
Consumer Law.
Nothing in this Warranty purports to modify or exclude the
conditions, warranties and undertakings, and other legal
rights, under the Australian Consumer Law, and other laws.
This Warranty gives you additional protection for your
Xplore consumer product, and identifies a preferred
approach to resolving warranty claims which will be
quickest and simplest for all parties, subject to the
exclusions terms and conditions below.
This Limited Warranty applies to the Xplore-branded
hardware products sold by or leased from Xplore
Computing, Inc., its worldwide subsidiaries, affiliates,
authorised resellers, or country distributors in Australia
with this Limited Warranty (“Xplore Product”). This Limited
Warranty is provided by Xplore Technologies, Inc. (“Xplore”)
of 8601 RR 2222, Building 2, Austin, Texas 78728, USA
(Phone: [phone] option 9). These terms and
conditions constitute the complete and exclusive Limited
Warranty agreement between you and Xplore regarding
the Xplore Product you have purchased or leased. No
change to the conditions of this Limited Warranty is valid
unless it is made in writing and signed by an authorised
representative of Xplore.