Warranty - Limited and Extended
LIMITED WARRANTY TERMS AND CONDITIONS
Product Limited Warranty
Subject to the following terms and conditions, Pacific Crest warrants that for a period of one (1) year for all products, except the BD970 which is warranted for 18 months from date of purchase this Pacific Crest product (the “Product”) will substantially conform to Pacific Crest’s publicly available specifications for the Product and that the hardware and any storage media components of the Product will be substantially free from defects in materials and workmanship.
Product software, whether built into hardware circuitry as firmware, provided as a standalone computer software product, embedded in flash memory, or stored on magnetic or other media, is licensed solely for use with or as an integral part of the Product and is not sold. If accompanied by a separate end user license agreement (“EULA”), use of any such software will be subject to the terms of such end user license agreement (including any differing limited warranty terms, exclusions, and limitations), which shall control over the terms and conditions set forth in this limited warranty.
During the limited warranty period you will be entitled to receive such Fixes to the Product software that Pacific Crest releases and makes commercially available and for which it does not charge separately, subject to the procedures for delivery to purchasers of Pacific Crest products generally. If you have purchased the Product from a Pacific Crest authorized dealer rather than from Pacific Crest directly, Pacific Crest may, at its option, forward the software Fix to the Pacific Crest authorized dealer for final distribution to you. Minor Updates, Major Upgrades, new products, or substantially new software releases, as identified by Pacific Crest, are expressly excluded from this update process and limited warranty. Receipt of software Fixes or other enhancements shall not serve to extend the limited warranty period.
For purposes of this warranty the following definitions shall apply: (1) “Fix(es)” means an error correction or other update created to fix a previous software version that does not substantially conform to its Pacific Crest specifications; (2) “Minor Update” occurs when enhancements are made to current features in a software program; and (3) “Major Upgrade” occurs when significant new features are added to software, or when a new product containing new features replaces the further development of a current product line. Pacific Crest reserves the right to determine, in its sole discretion, what constitutes a Fix, Minor Update, or Major Upgrade.
If the Pacific Crest Product fails during the warranty period for reasons covered by this limited warranty and you notify Pacific Crest of such failure during the warranty period, Pacific Crest will repair OR replace the nonconforming Product with new, equivalent to new, or reconditioned parts or Product, OR refund the Product purchase price paid by you, at Pacific Crest’s option, upon your return of the Product in accordance with Pacific Crest’s product return procedures then in effect.
How to Obtain Warranty Service
To obtain warranty service for the Product, please contact your local Pacific Crest authorized dealer.
Alternatively, you may contact Pacific Crest to request warranty service at +1-408-481-8081 or toll free in the U.S. only +1-800-795-1001 (24 hours a day) or e-mail your request to firstname.lastname@example.org. Please be prepared to provide:
• Your name, address, and telephone numbers
• Proof of purchase
• A copy of this Pacific Crest warranty
• A description of the nonconforming Product including the model number
• An explanation of the problem
The customer service representative may need additional information from you depending on the nature of the problem.
Warranty Exclusions and Disclaimer
This Product limited warranty shall only apply in the event and to the extent that (a) the Product is properly and correctly installed, configured, interfaced, maintained, stored, and operated in accordance with Pacific Crest’s applicable operator's manual and specifications, and; (b) the Product is not modified or misused. This Product limited warranty shall not apply to, and Pacific Crest shall not be responsible for, defects or performance problems resulting from (i) the combination or utilization of the Product with hardware or software products, information, data, systems, interfaces, or devices not made, supplied, or specified by Pacific Crest; (ii) the operation of the Product under any specification other than, or in addition to, Pacific Crest’s standard specifications for its products; (iii) the unauthorized installation, modification, or use of the Product; (iv) damage caused by: accident, lightning or other electrical discharge, fresh or salt water immersion or spray (outside of Product specifications); or exposure to environmental conditions for which the Product is not intended; (v) normal wear and tear on consumable parts (e.g., batteries); or (vi) cosmetic damage. Pacific Crest does not warrant or guarantee the results obtained through the use of the Product, or that software components will operate error free.
NOTICE REGARDING PRODUCTS EQUIPPED WITH TECHNOLOGY CAPABLE OF TRACKING SATELLITE SIGNALS FROM SATELLITE BASED AUGMENTATION SYSTEMS (SBAS) AAS/EGNOS, AND MSAS), OMNISTAR, GPS, MODERNIZED GPS OR GLONASS SATELLITES, OR FROM IALA BEACON SOURCES: PACIFIC CREST IS NOT RESPONSIBLE FOR THE OPERATION OR FAILURE OF OPERATION OF ANY SATELLITE BASED POSITIONING SYSTEM OR THE AVAILABILITY OF ANY SATELLITE BASED POSITIONING SIGNALS.
THE FOREGOING LIMITED WARRANTY TERMS STATE PACIFIC CREST’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDIES, RELATING TO THE PACIFIC CREST PRODUCT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE PRODUCT, AND ACCOMPANYING DOCUMENTATION AND MATERIALS ARE PROVIDED “AS-IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND, BY EITHER PACIFIC CREST OR ANYONE WHO HAS BEEN INVOLVED IN ITS CREATION, PRODUCTION, INSTALLATION, OR DISTRIBUTION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF PACIFIC CREST ARISING OUT OF, OR IN CONNECTION WITH, ANY PRODUCT.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, THE ABOVE LIMITATION MAY NOT APPLY OR FULLY APPLY TO YOU.
Limitation of Liability
PACIFIC CREST’S ENTIRE LIABILITY UNDER ANY PROVISION HEREIN SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PACIFIC CREST OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE WHATSOEVER UNDER
ANY CIRCUMSTANCE OR LEGAL THEORY RELATING IN ANYWAY TO THE PRODUCTS, SOFTWARE AND ACCOMPANYING DOCUMENTATION AND MATERIALS, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF WHETHER PACIFIC CREST HAS
BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS AND REGARDLESS OF THE COURSE OF DEALING WHICH DEVELOPS OR HAS DEVELOPED BETWEEN YOU AND PACIFIC CREST. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY OR FULLY APPLY TO YOU.
PLEASE NOTE: THE ABOVE PACIFIC CREST LIMITED WARRANTY PROVISIONS WILL NOT APPLY TO PRODUCTS
PURCHASED IN THOSE JURISDICTIONS (E.G., MEMBER STATES OF THE EUROPEAN ECONOMIC AREA) IN WHICH PRODUCT WARRANTIES ARE THE RESPONSIBILITY OF THE LOCAL PACIFIC CREST AUTHORIZED DEALER FROM WHOM THE PRODUCTS ARE ACQUIRED. IN SUCH A CASE, PLEASE CONTACT YOUR LOCAL PACIFIC CREST AUTHORIZED DEALER FOR APPLICABLE WARRANTY INFORMATION.
THE OFFICIAL LANGUAGE OF THESE TERMS AND CONDITIONS IS ENGLISH. IN THE EVENT OF A CONFLICT BETWEEN ENGLISH AND OTHER LANGUAGE VERSIONS, THE ENGLISH LANGUAGE SHALL CONTROL.
To receive information regarding updates and new products, please contact your local Pacific Crest authorized dealer or visit the Pacific Crest website at www.pacificcrest.com. Upon registration you may select the newsletter, upgrade, or new product information you desire.
Limited Warranty Terms and Conditions
EXTENDED LIMITED WARRANTY TERMS AND CONDITIONS
PACIFIC CREST CORPORATION
Extended limited Warranty Terms and Conditions
This Pacific Crest Product comes with Pacific Crest’s Extended Limited Warranty coverage for serialized hardware components for a period of one (1) year for all products, except the BD970 which is warranted for 18 months, commencing on the first anniversary of date of purchase; and except as otherwise stated herein is provided under the same terms and conditions as those of the standard Pacific Crest Limited Warranty Terms and Conditions with which the
Product is sold and distributed 1.
The Extended Limited Warranty applies to serialized hardware components (as configured at the time of purchase) of the Product and includes updates to associated Product firmware 2; but does not apply to consumable parts (such as batteries), application software, or to detachable components or accessories that are separately warranted and furnished solely with Pacific Crest’s standard one (1) year limited warranty.
To receive product upgrades included with this Extended Limited warranty as well as information regarding updates and new products, please register by visiting the Pacific Crest website at www.pacificcrest.com. Upon registration you may select the newsletter, upgrade or new product information you desire.
PLEASE NOTE: THE PACIFIC CREST EXTENDED LIMITED WARRANTY WILL NOT APPLY TO PRODUCTS PURCHASED IN THOSE JURISDICTIONS (E.G., MEMBER STATES OF THE EUROPEAN ECONOMIC AREA) IN WHICH PRODUCT WARRANTIES ARE THE RESPONSIBILITY OF THE LOCAL PACIFIC CREST AUTHORIZED DEALER FROM WHOM THE PRODUCTS ARE ACQUIRED. IN SUCH A CASE, PLEASE CONTACT YOUR LOCAL PACIFIC CREST AUTHORIZED DEALER FOR APPLICABLE WARRANTY INFORMATION.
1 A copy of the Pacific Crest Limited Warranty Terms and Conditions is provided with the distributed Product and is available from your local Pacific Crest authorized dealer and upon request at email@example.com.
2 “Firmware” means software used in the hardware device to enable the different hardware systems to communicate and function together. These functions are essential to the performance of the hardware device.
Extended Limited Warranty Terms and Conditions