ii
defective item at no charge, and ship it back to you. You must pay the shipping and handling
charges in respect of the same. Calibration of components, labor and travel expenses incurred
for in-field removal and replacement of components are not covered in this warranty policy. The
foregoing warranty shall NOT apply to damage or defects resulting from:
(i) disaster, accident or abuse
(ii) normal wear and tear
(iii) improper use and/or maintenance
(iv) unauthorized modifications of the product; and/or
(v) use of the product in combination with other products not supplied or specified by TPA.
Software accompanying any product is licensed for use in connection with the product and not
sold. Use of software that is provided with a separate end user license agreement (“EULA”)
will be subject to the terms and conditions, including those relating to limited warranty, of the
applicable EULA, notwithstanding anything in these Terms and Conditions to the contrary.
WARRANTY DISCLAIMER -OTHER THAN FOR THE ABOVE WARRANTIES,
WARRANTIES PROVIDED IN AN APPLICABLE WARRANTY CARD,
APPENDIX OR END USER LICENSE AGREEMENT, THIS MANUAL, THE
PRODUCT AND RELATED SOFTWARE ARE PROVIDE ‘AS-IS’. THERE ARE
NO OTHER WARRANTIES AND TO THE EXTENT ALLOWED BY LAW TPA
EXCLUDES ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES IN
RESPECT OF THE MANUAL AND THE PRODUCT (INCLUDING ANY IMPLIED
WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
USE OR PURPOSE). TPA IS NOT RESPONSIBLE FOR THE OPERATION OF
GNSS SATELLITES AND/OR AVAILABILITY, CONTINUITY, ACCURACY, OR
INTEGRITY OF GNSS SATELLITE SIGNALS.
LIABILITY LIMIT AND INDEMNITY -TPA and its dealers, agents and representatives
shall not be liable for technical or editorial errors or omissions contained herein or for special,
indirect, economic, incidental or consequential damages resulting from the furnishing,
performance or use of this material, the product or its accompanying software (including where
TPA has been advised of the possibility of such damage). Such disclaimed damages include but
are not limited to loss of time, loss or destruction of data, loss of profit, savings or revenue or
loss of or damage to the product. You shall defend, indemnify and hold TPA harmless from and
against any claims, actions, suits, damages, losses, liabilities and costs (including attorneys’ fees)
arising from, or relating to (a) your operation use, or maintenance of the product and/or software
other than as provided for in this manual or the applicable end user license agreement; and (b)
your negligence or wrongful act or omission in respect of the product.
In any event, TPA’s liability to you or any other person for any claim, loss or damage (in
contract, tort or on any other basis) will be limited (in TPA’s option) to either (a) the
replacement or repair of the product, or (b) payment of the cost of replacing or repairing the
product.
