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TRIMBLE INC.

LIMITED WARRANTY TERMS AND CONDITIONS

(includes Trimble, SECO, Nikon and Spectra Precision Products)


PRODUCT LIMITED WARRANTY

Subject to the following terms and conditions, Trimble Inc. ("Trimble") warrants that for a period of

one (1) year from date of purchase this Trimble product (the “Product”) will substantially conform to

Trimble'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

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.

SOFTWARE FIXES

During the limited warranty period you will be entitled to receive such Fixes to the Product software that

Trimble releases and makes commercially available and for which it does not charge separately, subject

to the procedures for delivery to purchasers of Trimble products generally. If you have purchased the

Product from a Trimble Authorized dealer rather than from Trimble directly, Trimble may, at its option,

forward the software Fix to the Trimble Authorized dealer for final distribution to you. Minor Updates,

Major Upgrades, new products, or substantially new software releases, as identified by Trimble, 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 Trimble 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. Trimble reserves the right to determine, in its sole discretion, what constitutes

a Fix, Minor Update, or Major Upgrade.

WARRANTY REMEDIES

If the Trimble Product fails during the warranty period for reasons covered by this limited warranty

and you notify Trimble of such failure during the warranty period, Trimble 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 Trimble's option, upon your return of the Product in accordance

with Trimble's product return procedures then in effect.

HOW TO OBTAIN WARRANTY SERVICE

To obtain warranty service for the Product, please contact your local Trimble Authorized dealer.

Alternatively, you may contact Trimble to request warranty service by emailing your request to

[email protected].

Please be prepared to provide:

– your name, address, and telephone numbers

– proof of purchase

– a copy of this Trimble 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. Any expenses incurred in the making of a claim under this warranty will be borne by you.

 

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 Trimble'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 Trimble 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 Trimble; (ii) the operation of the Product under any specification other than, or in addition

to, Trimble 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. Trimble 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) (WAAS/EGNOS, AND MSAS), OMNISTAR, GPS, MODERNIZED GPS OR GLONASS SATELLITES, OR FROM IALA BEACON SOURCES: TRIMBLE 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 TRIMBLE'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDIES, RELATING TO THE TRIMBLE PRODUCT UNDER THIS LIMITED WARRANTY. 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 TRIMBLE OR ANYONE WHO HAS BEEN INVOLVED IN ITS CREATION, PRODUCTION, INSTALLATION, OR DISTRIBUTION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR GUARANTEES 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 TRIMBLE ARISING OUT OF, OR IN CONNECTION WITH, ANY PRODUCT. BECAUSE 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

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIMBLE'S ENTIRE LIABILITY UNDER ANY PROVISION HEREIN SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT AND IN NO EVENT SHALL TRIMBLE 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 TRIMBLE 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 TRIMBLE. 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 TRIMBLE 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 TRIMBLE AUTHORIZED DEALER FROM WHOM THE PRODUCTS ARE ACQUIRED. IN SUCH A CASE, PLEASE CONTACT YOUR LOCAL TRIMBLE AUTHORIZED DEALER FOR APPLICABLE WARRANTY INFORMATION.

OFFICIAL LANGUAGE

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.

 

REGISTRATION

To receive information regarding updates and new products, please contact your local Trimble

Authorized Distribution Partner or visit the Trimble website at https://mytrimbleprotected.com/customer.

Upon registration you may select the newsletter, upgrade, or new product information you desire.