 Limited One Year
Warranty
Blackline GPS offers a One Year Limited
Warranty to the original end user purchaser that the
Entourage PS & Entourage CIS product (“Product”) will be
free from non-conformities in materials and workmanship for
a period of one (1) year from the date of purchase. During
this period Blackline GPS’s sole obligation under this
Limited One Year Warranty is to repair or replace, at
Blackline GPS’s option, a non-conforming Product at no cost
to the original end user purchaser other than the cost of
packing, insuring, and shipping the Product to Blackline
GPS.
This Limited One Year Warranty will be
considered VOID if the Product is found to have been
subjected to repairs not authorized by Blackline GPS, or if
it has been modified, neglected, improperly maintained,
misused, abused, or the appearance of the Product reveals
damage by your failure to provide proper maintenance.
Blackline GPS does not warrant damage occurring in transit
and does not warrant claims asserted after the end of the
warranty period.
To request warranty repairs on your
warranty claim, you must contact Blackline GPS for a return
merchandise authorization number (RMA number) prior to
shipment. When authorized, Blackline GPS GPS will provide
you with a shipping address. LABEL YOUR SHIPMENT
DOCUMENTATION WITH THE STATEMENT “RETURNING MERCHANDISE TO
THE MANUFACTURER FOR REPAIR”. BLACKLINE GPS WILL NOT BE
RESPONSIBLE FOR CUSTOMS OR BROKERAGE CHARGES DUE TO
SHIPMENT. SEND YOUR PRODUCT, POSTAGE PREPAID, TO BLACKLINE
GPS GPS. All warranty repair requests must be accompanied by
a valid, dated sales receipt and a brief note describing the
difficulty you are experiencing with the Product in as much
detail as possible.
Products that are repaired or replaced by
Blackline GPS under the terms of this Limited One Year
Warranty will be shipped back to you with Blackline GPS
paying the return shipping charges using a non-expedited
shipping service. If your Product should be found to require
repairs outside of the Limited One Year Warranty coverage
(more than 1 year from date of purchase), Blackline GPS will
notify you prior to repair as to the nature of the problem,
quote the price of the Product’s repair, and if approved,
perform the repair or replacement and bill you for parts,
labor, and return shipping charges.
Workmanship related to the repair, and replacement
components are warranted, subject to the exclusions and
procedures set forth below, to be free, under normal use and
maintenance, from defects in material and workmanship for 90
days from shipment or for the balance of the original
warranty period, whichever is greater.
Blackline GPS reserves the right to change
or improve its products without obligation to notify any
person or organization of such changes or improvements.
Visit the Blackline GPS Web site (www.BlacklineGPSgps.com)
for current updates and information concerning the use and
operation of this and other Blackline GPS products.
Disclaimer of
Warranties
THE SOFTWARE, SERVICES, BLACKLINE GPS
SITES, AND ALL INFORMATION AND CONTENT PROVIDED IN
CONNECTION WITH THE FOREGOING (COLLECTIVELY, THE BLACKLINE
GPS PRODUCTS AND SERVICES) ARE PROVIDED BY BLACKLINE GPS ON
AN “AS IS” AND “AS AVAILABLE” BASIS. BLACKLINE GPS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE BLACKLINE GPS PRODUCTS
AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
BLACKLINE GPS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY
APPLICABLE LAW, BLACKLINE GPS DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED IN
CONNECTION WITH THE BLACKLINE GPS PRODUCTS AND SERVICE,
INCLUDING IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS
AND GUARANTEES OF MERCHANTABILITY, DURABILITY,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Blackline GPS does NOT
represent or warrant that:
a) The Software and Services will be free of viruses or
other harmful components;
b) The Software and Services will be secure, error-free or
uninterrupted;
c) The Services will be available at any specific time or in
any geographic location;
d) Messages or content will be received or transmitted
through the Software and Services; and
e) The positioning-derived data obtained when using the
Service will be accurate, precise, or available. The
potential positioning accuracy as delivered through the
Services as stated in Blackline GPS literature and
specifications provides only an estimate of achievable
accuracy based on: specifications provided by the US
Department of Defense for GPS Positioning and based on GPS
OEM Receiver specifications of the appropriate manufacturer
(if applicable)
Limitation of Liability – General
Blackline GPS provides you with Services
through the networks of telecommunications providers and
through other suppliers and third parties (together
“Suppliers”). Your use of the Services of Blackline GPS and
equipment, facilities and services of Suppliers is at your
own risk. Subject to the terms hereof, Blackline GPS and the
Suppliers will not be liable for any damages, losses of any
kind or injury, including lost profits (regardless of
whether we have been notified that such loss may occur)
arising directly or indirectly from any of the following:
a) Your use of the Services of Blackline GPS and of the
Suppliers, including the use of any facilities or equipment
used in conjunction with such Services including the
Software and the Blackline GPS Sites
b) Any act, mistake, omission, interruption, delay, error,
defect or misrouting of communications by the Suppliers or
Blackline GPS
c) Any failure that may arise from the facilities or
equipment used by Blackline GPS or the Suppliers
d) Libel, slander or defamation arising from material
transmitted or received through the use of the Services and
the services, equipment and facilities of the Suppliers
e) Infringement of patents, trade-marks or copyrights
arising from combining or using the Services or Software or
equipment, or that of the Suppliers
f) Any damage, loss or injury caused by or to a vehicle,
watercraft, aircraft or other property if such damage, loss
or injury resulted in connection with the Software or the
Services, or the services of the Suppliers
g) Physical injuries or death, any other damages, loss of
profits, loss of earnings, loss of business opportunities,
or other loss resulting directly or indirectly out of or in
connection with the use of the Software or Services, or the
services, equipment and facilities of the Suppliers.
These limitations of liability apply to acts or omissions of
Blackline GPS, its partners, affiliates and Suppliers and
each of their respective officers, directors, employees,
suppliers, agents, consultants or other persons for whom in
law such parties are responsible (together
“Representatives”), which would give rise to a cause of
action in tort, contract or any other doctrine of law.
NOTWITHSTANDING ANYTHING ELSE IN THIS
AGREEMENT, OUR TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT
OR IN CONNECTION WITH THE SOFTWARE OR OUR SERVICES WILL BE
LIMITED TO THE FEES YOU PAID TO US (DIRECTLY OR INDIRECTLY
THROUGH A DISTRIBUTOR) FOR THE SOFTWARE IN THE 6 MONTHS
PRIOR TO THE FIRST EVENT GIVING RISE TO THE LIABILITY.
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