MANUFACTURER’S WARRANTY (US)

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MANUFACTURER’S LIMITED WARRANTY (U.S. VERSION)

Manufacturer’s Limited Warranty

IMPORTANT: By using your HereO Product (as defined below), you agree to be bound by the terms of the Manufacturer’s Limited Warranty (“Warranty”) as set forth below.  If you do not agree to the terms of this Warranty, do not use the hereO Product and return it to KGPS Ltd. (including its affiliates, “hereO”) or per its instructions, in accordance with the applicable time period and return procedures set forth in hereO’s return policy, which can be found in the hereO’s Terms and Conditions of Web Use and Terms of Sale available at www.hereofamily.com.

How Consumer Law Relates to this Warranty

This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.  Other than as permitted by law, HereO does not limit, exclude or suspend other rights you may have, including those that may arise from the nonconformity of a sales contract.  For a full understanding of your rights you should consult the laws of your state.

Warranty Limitations Subject to Consumer Law

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH THEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.  HEREO DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW.  IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, HEREO LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT HEREO’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW.  SOME COUNTRIES OR STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

What is Covered By this Warranty?

This Warranty applies to hardware products sold under the HereO brand and related accessories contained in their original packaging (“HereO Products”).  hereO warrants that the hereO Products shall be free of defects in materials and workmanship (“Defects”) as follows:

  1. Twelve (12) months for the main device for accessories sold separately or included in the sales pack of the main device excluding batteries; and
  2. Six (6) months for all batteries, unless otherwise specified in the Product user guide;

(as applicable, the “Warranty Period”).

During the Warranty Period, Manufacturer will, in a reasonable time, remedy the Defect free of charge by either repairing or replacing the defective hereO Product or the defective part of it at its option provided that you have informed Manufacturer of the Defect before the Warranty Period expires. When repairing or replacing your hereO Product, Manufacturer may use new or re-conditioned parts or products.

To the fullest extent permitted by applicable law, no repair or replacement will renew or extend the Warranty Period. Original or replacement parts or replacement hereO Products provided under this Warranty will be covered by this Warranty for the remainder of the original Warranty Period or for sixty (60) days from the date of repair or replacement, whichever is longer.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

What is Not Covered by this Warranty?

The Warranty does not apply to the following:

  1. User guides;
  2. Any (i) normal wear and tear, (ii) GPS defects in your hereO Product that are within the scope of industry standards;
  3. Errors or damage caused by: (i) misuse or not using your hereO Product in accordance with the user guide, such as if the hereO Product has been exposed to moisture, to dampness or to extreme thermal or environmental conditions or to rapid changes in such conditions, to corrosion, to oxidation, to spillage of food or liquid or to influence from chemical products, (ii) using your hereO Product with, or connecting it to, any product, accessory, software, or service not manufactured or supplied by Manufacturer, (iii) any products combined with your hereO Product by a third party, (iv) damage or errors caused by hacking, cracking, viruses, or other malware, or by unauthorized access to services, accounts, computer systems or networks; or (v) other acts beyond Manufacturer’s reasonable control.

This Warranty is not valid:

  1. Outside of the United States;
  2. If your hereO Product, or the software it runs on, has been (i) opened, modified, or repaired without Manufacturer’s authorization, or (ii) repaired with unauthorized spare parts;
  3. If your hereO Product’s serial number has been removed, erased, defaced, altered or if these are illegible in any way;
  4. If you refuse to give possession of the Product to Manufacturer for repair and investigation.

If this Warranty does not cover your hereO Product or the issue based on which it requires service, Manufacturer reserves the right to charge for the repair or replacement of your hereO Product, as well as a handling fee.

Manufacturer does not warrant that IPR technology preinstalled by or on behalf of Manufacturer in the hereO Product (or subsequent updates and upgrades) (together “Manufacturer Software”) will meet your requirements, work in combination with any hardware or software not provided by Manufacturer, is uninterrupted or error free or that errors are correctable or will be corrected.  For Manufacturer Software related errors, Manufacturer will make available the latest version of the Manufacturer Software for reinstallation on your hereO Product or, if that would not be possible, another remedy, which in Manufacturer’s reasonable discretion, satisfactorily addresses the error.  Some Manufacturer Software may be subject to separate license terms.

Please always back up all data and content stored on your hereO Product before taking your hereO Product in for service since service activities will erase all data from your Product.

What hereO Will Do

If during the Warranty Period you submit a valid claim to hereO, hereO will, at its option, (1) repair the hereO Product using new or previously used parts that are equivalent to new in performance and reliability, (2) replace the hereO Product with a device that is at least functionally equivalent to the hereO Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (3) exchange the hereO Product for a refund of your purchase price.

HOW TO OBTAIN WARRANTY SERVICE

If a hereO Product, whether purchased online or from a retail store or other vendors, is found to contain Defects please review this limited warranty (the “Limited Warranty”) and ensure that the alleged defect is covered by the Limited Warranty.  If it does and you wish to make a claim under the Limited Warranty (a “Warranty Claim”), please follow the instructions below:

  1. To make a valid Warranty Claim, you must, (i) deliver the hereO Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by hereO at www.hereofamily.com/returns; and (ii) only in case you have purchased the hereO Product from a retail store or other vendors – accompany the delivered hereO Product with proof of purchase details.

 

  1. Upon receiving the hereO Product, hereO will examine the hereO Product and ensure whether the Warranty Claim is justified.

 

  1. You will be responsible to backup any data, software, or other materials you may have stored or preserved on the hereO Product.

 

  1. It is likely that such data, software, or other materials will be lost or reformatted during service, and hereO will not be responsible for any such damage or loss.

For specific instructions on how to obtain warranty service for your hereO Product, please visit www.hereofamily.com/returns.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANUFACTURER IS NOT RESPONSIBLE FOR:

  1. DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS, PRODUCTS OR FUNCTIONALITY, BUSINESS CONTRACTS REVENUES OR ANTICIPATED SAVINGS, OR INCREASED COSTS OR EXPENSES;
  2. DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING FROM OR RELATING TO LOSS, DAMAGE OR CORRUPTION OF DATA AND TRACKING, EVEN IF SUCH LOSS, DAMAGE, OR CORRUPTION WAS A RESULT OF A DEFECT IN YOUR HEREO PRODUCT;
  3. DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING FROM OR RELATING TO LOSS, REDUCTION, INTERRUPTION OR SUSPENSION OF GPS SIGNALS;

TO THE EXTENT PERMITTED BY APPLICABLE LAW, MANUFACTURER’S LIABILITY SHALL BE LIMITED TO THE PURCHASE VALUE OF YOUR HEREO PRODUCT.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

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