Limited Warranty

This limited warranty is provided by Trackhab Limited. (“Trackhab”) to purchasers of the Hardware (“you”). Hardware devices provided by Trackhab (“Hardware”) are warranted to be free from defects in materials or workmanship under normal use (a) for new Hardware, 6 calendar months from the date of purchase by the original end user purchaser, and (b) for refurbished Hardware, ninety (90) days after the date the refurbished Hardware is shipped by Trackhab to you or the remainder of the new Hardware Warranty Period, whichever is longer (as applicable, the “Warranty Period”). Within the Warranty Period, Trackhab will, at its sole option, and as Trackhab’s sole liability and your exclusive remedy, (a) repair the Hardware with new or refurbished parts, (b) replace the Hardware with reasonably available equivalent new or refurbished Hardware, or (c) refund the actual purchase price of the Hardware less any rebates and discounts. Such repairs or replacement will be made at no charge to you for parts or labor, provided that you shall be responsible for the shipping and handling costs for your returns as described below. All Hardware and parts that are replaced become the property of Trackhab.

This limited warranty extends only to Hardware purchased from Trackhab, a Partner Mobile Network Operators or an Authorized Reseller. This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless Hardware damage has occurred due to a defect in materials or workmanship of the Hardware; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of Trackhab; (v) damage to Hardware that has been modified or altered without the written permission of Trackhab; (vi) Hardware that has not been installed, operated, or maintained in accordance with instructions supplied by Trackhab and the Trackhab Terms of Service, or (vii) Hardware that was supplied or licensed for beta, evaluation, testing or demonstration purposes for which Trackhab does not charge a purchase price or license fee. In addition, Trackhab reserves the right to refuse warranty claims for Hardware that is obtained and/or used in contravention of the laws of any country.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE AND SERVICES PROVIDED BY TRACKHAB WITH THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE OR OTHERWISE DOWNLOADABLE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, Trackhab does not warrant that the operation of the Hardware, Software or Service (as those terms are defined in the Trackhab Terms of Service ( https://www.Trackhab.com/legal) will be uninterrupted or error free, or that use of the Hardware, Software or Services will result in any gas savings or efficiencies. Also, Trackhab does not warrant that the Hardware, Software or Service, or any equipment, system or network on which the Hardware, Software or Service are used will be free of vulnerability to intrusion or attack.

This limited warranty does not guarantee any continued availability of any third party’s service on which the Hardware’s use or operation may depend.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, ARE DISCLAIMED.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL TRACKHAB BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, ANY DATA ERASED BY TRACKHAB IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF HARDWARE), LOST REVENUE OR PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES, DAMAGE TO THE VEHICLE TO WHICH YOU CONNECT THE HARDWARE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT OF SUCH HARDWARE, SOFTWARE OR SERVICE, EVEN IF TRACKHAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, ALTHOUGH TRACKHAB ENDEAVORS TO ENSURE SUCCESSFUL DETECTION OF DEVICES, TRACKHAB DOES NOT GUARANTEE THAT THE HARDWARE WILL DETECT OR REPORT ALL ASSET ACTIVITIES. TRACKHAB DOES NOT GUARANTEE THAT ASSET ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM AN INSTALATION SPECIALIST OR A MECHANIC FOR REGULAR SERVICE, AS WELL AS FOR DIAGNOSIS OF ANY PROBLEMS WITH YOUR VEHICLE OR ASSET, AND TO MAKE TIMELY AND APPROPRIATE REPAIRS.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL TRACKHAB’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE. REFERENCES IN THIS SECTION TO “SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES” SHALL MEAN ANY LOSSES WHICH (i) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR (ii) WERE KNOWN TO YOU BUT NOT TO TRACKHAB AND/OR (iii) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU, INCLUDING WITHOUT LIMITATION LOSSES CAUSED BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.

The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose.

No Trackhab employee, mobile network partner, agent or reseller is authorized to make any verbal or written modification, extension or addition to this limited warranty, and Trackhab expressly disclaims any such change to this limited warranty. If any portion of this limited warranty is found to be void or unenforceable, its remaining provisions shall remain in full force and effect.

How to Submit a Warranty Claim
To obtain warranty service, contact support@trackhab.com or write us at Trackhab Limited, P. O. Box CT 2156, Accra, Ghana, and we will provide instructions on submitting your claim.

You will be responsible for securely packaging the Hardware and including the requested information, such as account verification information. You are also responsible for all shipping and handling charges, in addition to any applicable customs duties, VAT or other associated taxes or charges when returning the Hardware. Hardware for which Trackhab cannot reproduce the claimed defect or for which your purchase cannot be verified will be rejected.

Defective Hardware covered by this limited warranty will be repaired or replaced and returned to you without charge or if elected by Trackhab, the purchase price will be refunded to you; Trackhab does not ship replacement Hardware to locations outside an operating country in which the original Hardware was purchased. Repairs or replacements not covered by this limited warranty will be subject to charge at Trackhab’s then-current rates.

Please contact Trackhab at support@trackhab.com for more information.