Warranty
1. Limited Hardware Warranty
1.1 Limited Warranty
Track My Truck warrants to Customer that any Hardware shall be free of defects in materials and workmanship, for the duration of the applicable Warranty Period (as defined in Section 6).
If the Hardware fails to conform to this Limited Hardware Warranty during the Warranty Period, Track My Truck will, at its discretion, (i) repair or replace any defective Hardware or component or (ii) if the Hardware is no longer available and repair is not possible, refund the purchase price less reasonable depreciation based on actual use.
Repair or replacement may be made with a new or refurbished product or component in Track My Truck’s discretion. The repair, replacement, or refund set forth in this Section is Customer’s sole and exclusive remedy for breach of this Limited Hardware Warranty. Any Hardware that has been repaired or replaced under the terms of this Limited Hardware Warranty will be covered by the terms of this Limited Hardware Warranty for the remainder of the Warranty Period, if any.
This Limited Hardware Warranty will only apply to the actual purchaser and end user of the Hardware, and this Limited Hardware Warranty is not available for products that were purchased used or from any source other than Track My Truck or an authorized reseller or retailer.
1.2 Hardware Upgrades
In the event that Customer is entitled to a replacement under the terms of this Limited Hardware Warranty and either (i) Track My Truck replaces the Hardware with upgraded Hardware or (ii) Customer requests that Track My Truck replace the Hardware with upgraded Hardware, and Track My Truck fulfills such request, Track My Truck may charge an additional fee for the upgraded Hardware based on the upgraded Hardware’s purchase price and, upon Customer’s return of the old units, provide Customer with a rebate equal to the purchase price of the old units, less reasonable depreciation based on actual use, in the form of a credit on its account or otherwise.
2. Warranty Claim Procedure
2.1 How to Make a Claim
In order to make a claim under this Limited Hardware Warranty, Customer must report any defect to Track My Truck by email at [email protected]. Upon receipt of such report, Track My Truck shall run a remote diagnostic test of the Hardware, if applicable, to determine if there is a defect. Upon determining that there is a defect, Track My Truck shall, within fifteen (15) days, send a replacement unit of Hardware to Customer, at Track My Truck’s expense. Upon the determination that there is a defect, Track My Truck will give the Customer a Return Merchant Authorization (“RMA”) number and a return packing label.
Customer shall be required to package and return the defective Hardware to Track My Truck. Customer must contact Track My Truck and receive an RMA number to be eligible for any replacement or repair under this Limited Hardware Warranty. Except with respect to Service-Packaged Hardware, for which Track My Truck retains the title at all times, title to defective Hardware shall pass to Track My Truck upon receipt by Customer of the replacement Hardware. Risk of loss for the replacement Hardware shall pass to Customer upon shipment of such replacement Hardware to Customer.
2.2 Unreturned, Voided Warranty, or Defaced Devices
If Customer has (a) not returned Hardware for which a warranty claim has been made in accordance with the requirements of Section 2.1 of this Limited Hardware Warranty within thirty (30) days of receipt of replacement Hardware, or (b) has returned such Hardware in a condition that voids the Limited Hardware Warranty, Track My Truck shall have the right to charge Customer the Replacement Fee for the Hardware that was repaired or replaced. If Customer returns any Hardware in a defaced manner, for example, with writing on the Hardware or with the serial number removed or scratched off, unless otherwise approved by Track My Truck, Track My Truck may charge Customer the Restoration Fee.
2.3 Data on Returned Devices
Upon return of any Hardware, Track My Truck may delete all data stored on the Hardware, and Track My Truck is not responsible for any loss of data on returned Hardware.
3. Limitations
3.1 Limitations on Warranty
This Limited Hardware Warranty is null and void in the event that Hardware has been (a) altered or modified, (b) used in a way that does not substantially conform with instruction manuals, user guides, and other information provided by Track My Truck, posted to its website, or set forth in the Terms of Service, (c) tampered with, abused, improperly maintained, or otherwise damaged in a way outside of Track My Truck’s control, (d) installed or de-installed without following Track My Truck’s written instructions, (e) used with the Services not in the ordinary course of Customer’s business operations, (f) connected to an improper voltage supply, (g) used with accessories and/or devices which are not expressly approved by Track My Truck, or (h) used with incorrect or unauthorized Cables.
With respect to Service-Packaged Hardware, the Limited Hardware Warranty will only apply to the extent that Customer is paying for its recurring subscription fees. In the event that Customer stops paying its recurring subscription service fees, this Limited Hardware Warranty will terminate with respect to any Service-Packaged Hardware on Customer’s account.
3.2 Exclusions
The Limited Hardware Warranty does not cover (i) Internet connectivity with the Hardware, (ii) interruptions in electric power, or (iii) consumable parts, including batteries, (iv) sim cards, or (v) SD cards or memory cards.
3.3 Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THE LIMITED HARDWARE WARRANTY, TRACK MY TRUCK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS (A) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE HARDWARE, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND NON-INFRINGEMENT, (II) ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR (III) THAT THE HARDWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED. THE HARDWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER IS SOLELY RESPONSIBLE FOR (AND TRACK MY TRUCK DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RELATING TO OR ARISING FROM CUSTOMER’S INSTALLATION OF THE HARDWARE, CUSTOMER’S VEHICLES, AND INTERNET CONNECTIVITY.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND HARDWARE ARE A DRIVER AID ONLY. THE SERVICES AND HARDWARE ARE NOT A SUBSTITUTE FOR A SAFE, CONSCIENTIOUS DRIVER. THE SERVICES AND HARDWARE CANNOT COMPENSATE FOR A DRIVER THAT IS DISTRACTED, INATTENTIVE, OR IMPAIRED BY FATIGUE, DRUGS, ALCOHOL, OR OTHERWISE. THE DRIVER IS RESPONSIBLE TO AVOID AN ACCIDENT. CUSTOMER’S DRIVERS SHOULD NEVER WAIT FOR THE SERVICES AND HARDWARE TO PROVIDE A WARNING BEFORE TAKING MEASURES TO AVOID AN ACCIDENT. FAILURE OR A DRIVER TO TAKE FULL RESPONSIBILITY FOR THE OPERATION OF A VEHICLE AT ALL TIMES CAN RESULT IN SERIOUS PERSONAL INJURY OR PROPERTY DAMAGE.
3.4 Limitation of Liability
IN NO EVENT WILL TRACK MY TRUCK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED HARDWARE WARRANTY OR FROM THE USE OF OR INABILITY TO USE THE HARDWARE EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY TRACK MY TRUCK FROM CUSTOMER FOR THE HARDWARE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRACK MY TRUCK AND CUSTOMER.
TO THE FULLEST EXTENT PERMITTED BY LAW, TRACK MY TRUCK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS DISCLAIM AND WILL NOT BE LIABLE TO CUSTOMER UNDER THIS LIMITED HARDWARE WARRANTY OR FOR LIABILITY ARISING FROM OR RELATED TO THE HARDWARE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR (B) LOSS OF USE, DATA, BUSINESS, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), OR (C) DAMAGES FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE, REGARDLESS OF THE LEGAL THEORY AND REGARDLESS OF WHETHER TRACK MY TRUCK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
3.4 Customer Jurisdiction
This Limited Hardware Warranty gives Customers specific legal rights, and Customers may also have legal rights that vary by jurisdiction. Some of the above limitations or exclusions may not be allowed in a Customer’s jurisdiction and may not apply to you. The terms of this Limited Hardware Warranty will apply to the extent permitted by applicable law.
4. Disputes
Customers that are not satisfied with the service received under this Limited Hardware Warranty agree to resolve any dispute with Track My Truck according to the dispute provisions in the Terms of Service.
5. Retail Return Policy
Retail Customers that are not satisfied with the Hardware may request to return the Hardware within seven (7) days of the Retail Purchase Date by contacting Track My Truck support by email at [email protected]. Track My Truck may issue a refund to Retail Customers if the Hardware is returned in its original condition and in accordance with the instructions issued by Track My Truck support. Retail Customers will be responsible for the cost of shipping and insurance for returns. Track My Truck reserves the right to charge a restocking fee for returned Hardware. Please review the Hardware Purchase Policy terms and conditions for Purchased Hardware at www.TrackMyTruck.us for more information regarding our policies and returns.
6. Definitions
6.1
“Hardware” means the Track My Truck devices listed below:
Track My Truck’s electronic asset tracking device (“Asset Tracker”);
Track My Truck’s vehicle Tracker hardware (which, when coupled with the Software (“Vehicle Tracker”);
The cable sets delivered with a Vehicle Tracker (“Cables”);
Track My Truck’s road-facing dashboard camera (“Road-Facing Smart Dashcam); and
Track My Truck’s dual-facing dashboard camera (“Dual-Facing Smart Dashcam”).
6.2
“Purchased Hardware” means Hardware which Customer purchased outright and for which Customer (or a Lender, as applicable) has paid Track My Truck, or its authorized retailers and resellers, as applicable, the full purchase price.
6.3
“Restoration Fee” means $25 with respect to any unit of Hardware, as Track My Truck may update the amount from time to time.
6.4
“Replacement Fee” means (a) $150 with respect to a Vehicle Tracker, (b) $300 with respect to a front facing Smart Dashcam, (c) $300 with respect to an Asset Tracker, (d) $400 with respect to a dual facing Smart Dashcam, and (e) $50 with respect to Cables, as Track My Truck may update these amounts from time to time.
6.5
“Service-Packaged Hardware” means Hardware owned by Track My Truck and provided to Customer as part of Customer’s agreement to purchase subscription services.
6.6
“Warranty Period” means the following durations with respect to the applicable piece of Hardware, in each case beginning on the Warranty Period Start Date:
Hardware Model // Service-Packaged Hardware Warranty Period // Purchased Hardware Warranty Period
· Vehicle tracker // Duration of Customer’s subscription service term //
· Asset Tracker // Duration of Customer’s subscription service term //
· All other Hardware not listed, including Cables and older Hardware models // Duration of Customer’s subscription service term // One (1) Year
6.7
“Warranty Period Start Date” means either (a) the date of original retail purchase (“Retail Purchase Date”) for Customers purchasing from a retailer (“Retail Customers“) or (b) the date of dispatch from Track My Truck to Customer for Customers purchasing Services or Hardware directly from Track My Truck or an authorized Track My Truck reseller. In the event that Customer receives the Hardware as part of a free trial, the Warranty Period Start Date will be the date of dispatch of the Hardware from Track My Truck.
