This warranty applies to (a) products sold directly by Cito Communication AB (hereinafter called “CITO”), unless a different warranty is specified in a written agreement between CITO and the purchaser; and (b) products sold to end users through a distributor authorized by CITO , but only where the authorized distributor does not provide a separate warranty on such products, and CITO has agreed to provide this warranty to such end users. If you purchased the product from an authorized distributor, please check whether this warranty from CITO , or a separate warranty from the distributor, applies to your purchase. This warranty does not apply to any (i) accessories or batteries for the products; or (ii) demonstration samples or prototypes of the products. Unless otherwise provided in a written agreement between CITO and the purchaser, all such accessories, batteries, samples or prototypes are provided by CITO AS IS without any warranty of any kind. CITO warrants to the original purchaser of the product from CITO or its authorized distributor (as applicable) that, for a period of one (1) year from the date of shipment of the product from CITO, the product hardware will be substantially free from defects in material or workmanship under normal operation, and the product firmware will perform substantially in accordance with the product documentation provided by CITO . CITO does not warrant that (a) the product hardware or firmware will meet the purchaser’s requirements; (b) the operation of the product hardware or firmware will be uninterrupted or error-free; or (c) the product, when integrated in, or combined with, other products or software not supplied by CITO , will continue to perform substantially in accordance with the product documentation. This limited warranty is for the benefit of the original purchaser, and is not transferable.
During the warranty period, CITO , at its expense and in its sole discretion, will repair the product, or replace the product with a corresponding or equivalent product, if it is determined to have a covered defect, provided that the purchaser first notifies CITO (directly or through its authorized distributor from which the product was purchased) of any such defect, furnishes CITO with a proof of purchase (if required), requests and obtains a return merchandize authorization (RMA) number from CITO , and returns the product under that RMA to CITO (or, at CITO ’s option, to its authorized distributor), with the shipping charges being prepaid by purchaser. If, upon reasonable examination of the returned product, CITO does not substantiate the defect claimed by purchaser, or determines that the defect is not covered under this limited warranty, CITO will not be required to repair or replace the product, but may instead reship the product to the purchaser (or, at CITO ’s option, to its authorized distributor where the product can be made available to purchaser), in which case the purchaser shall be responsible for paying CITO ’s cost for reshipping the product to purchaser (or to CITO ’s authorized distributor), and CITO ’s usual charges for unpacking, testing, and repacking the product for reshipment to purchaser (or to CITO ’s authorized distributor). Purchaser shall bear the risk of loss or damage in transit to any product returned by purchaser to CITO , or any returned product not found to be defective or covered under this warranty, and reshipped by CITO to purchaser (or to CITO ’s authorized distributor). In the event CITO repairs or replaces a defective product covered by this limited warranty, the repaired or replacement product will be covered under this limited warranty for the remainder of the original warranty period on the defective product, or a period of ninety (90) days, whichever is longer. If CITO is unable to repair or replace a defective product covered by this limited warranty, CITO will provide to purchaser a credit or a refund (at CITO ’s option) of the original purchase price (excluding taxes and shipping charges). Any returned and replaced product, or any product for which CITO has furnished a credit or a refund, becomes the property of CITO .
CITO shall not have any obligation to provide any firmware bug fixes, upgrades or new releases except as may be necessary to correct any covered defect of which purchaser notifies CITO in writing during the warranty period. CITO , from time to time and in its sole discretion, may make available for download on its website (www.novatelwireless.com), or may provide via email, certain firmware bug fixes, upgrades or new releases for the product. Download and use of any such bug fixes, upgrades or new releases is subject to all of the applicable terms and conditions of CITO ’s technical support policy as posted and updated on its website.
CITO shall have no obligation under this limited warranty for (a) normal wear and tear; (b) the cost of procurement of substitute products; or (c) any defect that is (i) discovered by purchaser during the warranty period but for which purchaser does not request an RMA number from CITO , as required above, until after the end of the warranty period, (ii) caused by any accident, misuse, abuse, improper installation, handling or testing, or unauthorized repair or modification of the product, (iii) caused by use of any materials not supplied by CITO , or by use of the product other than in accordance with its documentation, or (iv) the result of electrostatic discharge, electrical surge, fire, flood or similar causes. The purchaser (or its customers, as applicable) shall be solely responsible for the proper configuration, testing and verification of the CITO product prior to deployment in the field, and for ensuring that any end user product or system into which the CITO product is integrated or incorporated operates as intended and meets the requirements of purchaser (or its customers). CITO shall have no responsibility whatsoever for the integration, configuration, testing, verification, installation, upgrade, support or maintenance of any such end user product or system, or for any liabilities, damages, costs or expenses associated therewith.
CITO’S SOLE RESPONSIBILITY AND PURCHASER’S SOLE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE FOR CITO TO REPAIR OR REPLACE THE PRODUCT (OR IF REPAIR OR REPLACEMENT IS NOT POSSIBLE, PROVIDE A CREDIT OR REFUND OF THE PURCHASE PRICE) AS PROVIDED ABOVE. CITO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CITO BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF USE, DATA, REVENUES OR PROFITS) RESULTING FROM A BREACH OF THIS WARRANTY OR BASED ON ANY OTHER LEGAL THEORY, EVEN IF CITO HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
This limited warranty shall be governed by the laws of the State of Sweden, without regard to conflict of laws principles. This limited warranty shall not be governed in any respect by the United Nations Convention on Contracts for the International Sale of Goods.