SPOT Product Replacement Program
Author:SPOT Marketing Team Article Reference #:AA-00260 Views:6868 Date Added:2010-08-04 12:00 AM Last Updated:2010-12-07 02:19 PM 2.7 Rating/ 17 Voters

SPOT PRODUCT REPLACEMENT PROGRAM

EXTENDED LIMITED WARRANTY OR SERVICE CONTRACT

NOTICE TO USER: PLEASE READ CAREFULLY.  IF THIS PRODUCT REPLACEMENT PROGRAM FOR EITHER YOUR SPOT SATELLITE TRACKER™ (trademark pending), SPOT SATELLITE GPS MESSENGER™ (trademark pending) OR SPOT COMMUNICATOR™ (trademark pending) (collectively or individually referred to as “THE “PRODUCT”) IS GOVERNED BY THE LAWS AND REGULATIONS OF ALABAMA, CALIFORNIA, HAWAII, KENTUCKY, ILLINOIS, NEVADA, NEW YORK, OKLAHOMA, OREGON, SOUTH CAROLINA, TEXAS, VERMONT, WASHINGTON OR WYOMING, THIS IS A SERVICE CONTRACT. OTHERWISE, IT IS AN EXTENDED LIMITED WARRANTY (FOR EASE OF REFERENCE, BOTH SHALL BE CALLED THE “CONTRACT”). YOU AGREE THAT THIS CONTRACT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.  IF YOU DO NOT AGREE, OR DO NOT AGREE TO ACCEPT THE BELOW TERMS, YOU MAY CANCEL THIS CONTRACT AS DESCRIBED IN SECTION 10.

1. RELATION TO EXISTING PRODUCT LIMITED WARRANTY

 

The Limited Warranty provided by the Product manufacturer (the “Product Limited Warranty”), is the Primary Limited Warranty, and while in force, supersedes and runs concurrent to this Contract.  You must therefore submit any Product with defects in workmanship or materials covered by the existing Product Limited Warranty for repair or replacement pursuant to the terms and conditions specified on www.spotwarranty.com .  The terms of this Contract shall not apply to any such defects in workmanship or materials covered by the existing Product Limited Warranty. 

 

2. HOW LONG THIS CONTRACT LASTS

 

The duration of this Contract is twelve (12) months commencing upon your payment of the USD $18.00 annual fee (the ‘Term’).  You will be billed in advance and this Contract shall automatically renew at the end of the Term for a new Term that is the same as the initial one unless you cancel as described in Section 10.  Where required by law, SELLER will provide you with advance notice of this renewal.  The current Product Replacement Program rates shall apply at each such renewal.  You may check the current Product Replacement Program rates at www.findmespot.com.  

 

3. WHAT THIS CONTRACT COVERS


This Contract applies to Product purchased within the United States or Canada under any one of the following circumstances: (i) the Product Limited Warranty has expired and the Product requires repair either due to defects in material and workmanship; (ii) Your Product is physically damaged during normal use and service, including water damage; or, (iii) Your Product is lost or stolen.  THIS WARRANTY COVERS THE SPOT SATELLITE MESSENGER ONLY AND NOT IT’S ACCESSORIES OR BATTERY, INCLUDING THOSE CONTAINED WITHIN THE ORIGINAL PACKAGE.

 

4. WHAT THIS CONTRACT DOES NOT COVER

 

This Contract does not cover (i) defects or damage resulting from use of the Product in other than its normal and customary manner, including any resulting from misuse, improper testing, operation, maintenance, installation, adjustment or any alteration or modification of any kind, (ii) Product disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify any warranty claim; (iii) Product with labels removed or illegible serial numbers; (iv) minor, cosmetic damages resulting from normal wear and tear that don’t impair the functioning of the unit; or, (v) obsolescence or depreciation.   This Contract does not cover delay, loss of use, loss of service, loss of market, or any other consequential loss or damage, including but not limited to, loss of time, loss of profits, inconvenience or delay in repairing or replacing lost or damaged Product. 

 

5. MAXIMUM NUMBER OF CLAIMS

 

The maximum number of claims allowed under this Contract is: (i) up to two (2) claims during a rolling twelve (12) month period for repair/replacement of damaged or defective with return of such Product to SELLER, and/or (ii) up to one (1) claim during a rolling twelve (12) month period in the event that the Product is loss or stolen and can not be returned to SELLER (collectively, the “Annual Maximum Claims”).  When the Annual Maximum Claims has been reached, coverage will cease immediately and your Contract shall terminate.  SELLER shall notify You that Your coverage has ceased and no future premiums shall be due.

 

6. PRODUCT REPLACEMENT OR REPAIR

 

Under the terms of this Contract it is SELLER’s sole option whether to repair the Product or to provide You with a replacement Product.  The replacement Product may be a new or reconditioned Product of equal or comparable value to the Product.  Non-original manufacturer’s parts may be used in reconditioned Products.  All Products replaced by SELLER shall become the property of SELLER.   

 

7. HOW TO FILE A CLAIM

 

To file a claim to have Your Product repaired or replaced, You must follow the instructions contained at www.findmespot.com regarding how to follow a claim.  You must return the Product and provide the specified information.  A non-refundable processing, shipping and handling fee of USD $30 shall be due and payable upon submission of any Product repair or replacement claim under this Contract.  You are responsible for the shipping costs associated with mailing the Product to SELLER.  SELLER shall pay the return shipping of the repaired or replacement Product.  SELLER shall ship the repaired or replacement Product directly to you within the United States or Canada to the address you specify.  You or Your designate must be available to take delivery or You must pay the added cost of redelivery.  In the event of loss or theft of Your Product, You also agree to promptly notify SELLER’s Customer Care department of such loss or theft so that any Basic Product Service may be suspended until such time as it is transferred to Your repaired or replacement Product. 

8. REPLACEMENT PROTECTION PERIOD

 

In the event that You file a claim and receive a repaired or replacement Product under the terms of this Contract, SELLER shall provide you with thirty (30) days of protection against defects in materials or workmanship of such repaired or replacement Product (the “Replacement Protection Period”).  To return any such defective Product, You must (i) contact SELLER within thirty (30) days and obtain a Returned Material Authorization and return instructions; and, (ii) return the defective repaired or replacement Product in accordance with the provided instructions.  SELLER shall either repair or replace the Product at its sole option.   Any such repair or replacement under this Replacement Protection Period will not count towards the Paragraph 5 Annual Maximum Claims, and you shall not have to pay a processing, shipping and handling fee in association with such Replacement Protection Period claim.

 

9. YOUR OBLIGATIONS UNDER THIS CONTRACT

 

You must use the Product in a normal way.  You must protect against further damage to the Product if there is a covered defect.  You must follow the Product’s instruction manual.

 

10. HOW AND WHEN SELLER MAY TERMINATE THIS CONTRACT


SELLER may terminate this Contract for cause if You: (i) fail to pay an amount when due; (ii) commit fraud or make a material misrepresentation in obtaining this Contract or in presenting a claim; or (iii) perform any act or omission or violate any condition of this Contract that substantially and materially increases the service required under this Contract.   In the event of such termination for cause, You will not receive a refund of your prepaid fee.  Termination of this Contract by SELLER will be effective fifteen (15) days after you receive the notice of termination.  If SELLER decides to not renew this contract at the end of any Term, You shall be notified in writing to the address SELLER has on file for You along with the reason for such non-renewal.   SELLER may also terminate this Contract with sixty (60) days advance written notice to You in the event that SELLER stops providing the Product Replacement Program in its entirety.  In the event of such termination, SELLER shall provide You with a refund, if any is owed, on a pro-rata basis.

 

11.  HOW AND WHEN YOU MAY CANCEL THIS CONTRACT

 

If the underlying Basic Product Service for your Product is terminated or expires for any reason, you will be deemed to have terminated this Contract.  If within thirty (30) days of receiving this Contract you wish to cancel service and you have not made a claim under this Contract, simply notify SELLER and SELLER will refund all fees paid up to the date of termination.  At the end of each Term, you may terminate this Contract by providing notice to SELLER within thirty (30) days of the expiration of the current Term.  IF YOU CANCEL OR THE CONTRACT IS TERMINATED AS DESCRIBED IN THE IMMEDIATELY PRECEDING PARAGRAPH, SELLER MUST PROVIDE YOU WITH A FULL REFUND NO LATER THAN THIRTY (30) DAYS AFTER YOU RETURN THE DOCUMENT. If SELLER DOES NOT REFUND YOUR MONEY DURING THIS TIME PERIOD, YOU ARE ENTITLED TO RECEIVE A REFUND IN THE AMOUNT OF WHAT YOU PAID, PLUS AN EXTRA TEN PERCENT (10%) FOR EACH MONTH IN WHICH YOUR MONEY IS NOT REFUNDED.

 

12. OTHER CONDITIONS

 

A.  Conformity to Regulation or Statute, Severability.  We agree that any terms of this Contract not in conformity with the statutes of the governing state or province are amended to conform to those applicable state or provincial statues.  Further, if any provision of this Contract is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Contract, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. 

 

B. General. There are no covenants, promises, warranties, representations, conditions, understandings or other Contracts, oral or written, express, implied or collateral between the Parties in connection with the subject matter of this Contract except as are specifically set forth in this Contract.  SELLER assumes no obligation or liability for additions or modifications to this Contract.  Headings used in this Contract are for convenience of reference only and shall not affect the interpretation of this Contract.  The failure of SELLER to exercise or enforce any right under this Contract shall not constitute a waiver of such right.  All rights and remedies granted to SELLER are cumulative and not alternate.  Any provisions that expressly or by their nature should survive termination of this Contract, including payment obligations, disclaimer of warranty and limitation of liability, shall survive such termination. 

 

C.  Assignment.  You may not assign this Contract or any of your rights or obligations hereunder, but SELLER may assign this Contract and any of its rights and obligations hereunder. 

 

D. Ancillary Equipment Not Covered.  SELLER cannot be responsible in any way under this Contract for any ancillary equipment attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment. All such equipment is expressly excluded from this Contract. Furthermore, SELLER cannot be responsible for any damage to the Product resulting from the use of ancillary equipment not furnished by SELLER for use with individually owned equipment.

 

E. Same Terms Whether Extended Limited Warranty or Service Contract.  Except as expressly specified in Section 13 and Section 14, the same coverage and other terms apply whether this is an Extended Limited Warranty or a Service Contract.

F. English Language.  Les parties requièrent expressément que le présent contrat et tous les documents y afférents soient rédigés en langue anglaise. The parties expressly request that this Contract and any document related thereto be drafted in the English language.

 

13. GENERAL PROVISIONS IF THIS IS A WARRANTY


A. This Extended Limited Warranty sets forth SELLER’s responsibilities regarding the Product.  Replacement of the Product, as described herein, is your exclusive remedy.  SELLER does not warrant the installation, maintenance or service of the Product, accessories, batteries or parts.  With the sole exception of the Product Limited Warranty, THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. FURTHER, NO WARRANTY IS MADE AS TO COVERAGE, AVAILABILITY OR GRADE OF SERVICE PROVIDED BY SELLER.  

 

B. IN NO EVENT SHALL SELLER BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

 

14. GENERAL PROVISIONS IF THIS IS A SERVICE CONTRACT

 

This Service Contract sets forth our responsibilities regarding the Product.  Replacement of the Product, as described herein, is your exclusive remedy.  THIS DOCUMENT IS NOT A WARRANTY.  Obligations of SELLER under this Service Contract are backed by the full faith and credit of SELLER.

 

15. OTHER RIGHTS

 

THIS WARRANTY OR SERVICE CONTRACT GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE ADDITIONAL RIGHTS WHICH MAY VARY FROM STATE TO STATE. 

 

16. QUESTIONS OR ISSUES

 

For questions or concerns, please contact SELLER at: customercare@findmespot.com or 1-866-OK1-SPOT (651-7668). In the event that SPOT Customer Care is unable to resolve an issue, you may contact notices@findmespot.com, Subject Line: Equipment Replacement Claim.

 

17. SELLER


The SELLER legally and financially obligated to provide service under this Contract is: SPOT LLC , 461 South Milpitas Boulevard, Milpitas, CA 95035.

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