KeepTruckin Limited Hardware Warranty
Effective Date: April 1, 2019
KeepTruckin, Inc. (“KeepTruckin“) provides the following limited warranty (the “Limited Hardware Warranty”“) to the original purchaser (“Customer”) of Hardware or Services for with Service-Packaged Hardware is provided by KeepTruckin. Any terms not defined in this Limited Hardware Warranty will have the meaning set forth in the Terms of Service located at www.keeptruckin.com/tos.
1. Limited Hardware Warranty
KeepTruckin warrants to Customer that any Hardware shall, for a period of twelve (12) months (except Cables, which will have a period of thirty (30) days) from either (a) the date of original retail purchase (“Retail Purchase Date”) for Customers purchasing from a retailer (“Retail Customers“) or (b) the date of dispatch from KeepTruckin to Customer for Customers purchasing directly from KeepTruckin or a reseller (the “Warranty Period“), be free of defects in materials and workmanship. If the Hardware fails to conform to this Limited Hardware Warranty during the Warranty Period, KeepTruckin will, at its discretion, repair or replace any defective Hardware or component.
Repair or replacement may be made with a new or refurbished product or component in KeepTruckin’s discretion. Repair or replacement is Customer’s sole and exclusive remedy for breach of this Limited Hardware Warranty. Any Hardware that has been repaired or replaced under this Limited Hardware Warranty will be covered by the terms of this Limited Hardware Warranty for the remainder of the Warranty Period if any.
2. Warranty Claim Procedure
2.1 How to Make a Claim
In order to make a claim under this Limited Hardware Warranty, Customer must report any defect to KeepTruckin by email at email@example.com or by phone at 1-855-434-4564. Upon receipt of such report, KeepTruckin shall run a remote diagnostic test of the Hardware, if applicable, to determine if there is a defect. Upon determining that there is a defect, KeepTruckin shall, within fifteen (15) days, send a replacement unit of Hardware to Customer, at KeepTruckin’s expense. Upon the determination that there is a defect, KeepTruckin will give the Customer a Return Merchant Authorization (“RMA”) number and a return packing label.
Customer shall be required to package and return the defective Hardware to KeepTruckin. Customer must contact KeepTruckin and receive an RMA number to be eligible for any replacement or repair under this Limited Hardware Warranty. Except with respect to Service-Packaged Hardware, for which KeepTruckin retains the title at all times, title to defective Hardware shall pass to KeepTruckin upon receipt by Customer of the replacement Hardware. Risk of loss for the replacement Hardware shall pass to Customer upon shipment of such replacement Hardware to Customer.
2.2 Unreturned, Voided Warranty, or Defaced Devices
If Customer has (a) not returned Hardware for which a warranty claim has been made in accordance with the requirements of Section 2.1 of this Limited Hardware Warranty within thirty (30) days of receipt of replacement Hardware, or (b) has returned such Hardware in a condition that voids the Limited Hardware Warranty, KeepTruckin shall have the right to charge Customer the Return Fee for the Hardware that was repaired or replaced. If Customer returns any Hardware in a defaced manner, for example, with writing on the Hardware or with the serial number removed or scratched off, unless otherwise approved by KeepTruckin, KeepTruckin will charge Customer the Restoration Fee.
2.3 Data on Returned Devices
Upon return of any Hardware, KeepTruckin may delete all data stored on the Hardware, and KeepTruckin is not responsible for any loss of data on returned Hardware.
3.1 Limitations on Warranty
This Limited Hardware Warranty is null and void in the event that Hardware has been (a) altered or modified, (b) used in a way that does not substantially conform with instruction manuals, user guides, and other information provided by KeepTruckin, posted to its website, or set forth in the KeepTruckin Terms of Service (available at https://keeptruckin.com/tos) (“Terms of Service“), (c) tampered with, abused, improperly maintained, or otherwise damaged in a way outside of KeepTruckin’s control, (d) installed or de-installed without following KeepTruckin’s written instructions, (e) used with the Services (as defined in the Terms of Service) not in the ordinary course of Customer’s business operations, (f) connected to an improper voltage supply, or (g) used with accessories and/or devices which are not expressly approved by KeepTruckin. The Limited Hardware Warranty does not cover (i) Internet connectivity with the Hardware, (ii) interruptions in electric power, or (iii) consumable parts, including batteries.
3.2 Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THE LIMITED HARDWARE WARRANTY, KEEPTRUCKIN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS (A) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE HARDWARE, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND NON-INFRINGEMENT, (II) ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR (III) THAT THE HARDWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED. THE HARDWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER IS SOLELY RESPONSIBLE FOR (AND KEEPTRUCKIN DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RELATING TO OR ARISING FROM CUSTOMER’S INSTALLATION OF THE HARDWARE, CUSTOMER’S VEHICLES, AND INTERNET CONNECTIVITY.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND HARDWARE ARE A DRIVER AID ONLY. THE SERVICES AND HARDWARE ARE NOT A SUBSTITUTE FOR A SAFE, CONSCIENTIOUS DRIVER. THE SERVICES AND HARDWARE CANNOT COMPENSATE FOR A DRIVER THAT IS DISTRACTED, INATTENTIVE, OR IMPAIRED BY FATIGUE, DRUGS, ALCOHOL, OR OTHERWISE. THE DRIVER IS RESPONSIBLE TO AVOID AN ACCIDENT. CUSTOMER’S DRIVERS SHOULD NEVER WAIT FOR THE SERVICES AND HARDWARE TO PROVIDE A WARNING BEFORE TAKING MEASURES TO AVOID AN ACCIDENT. FAILURE OR A DRIVER TO TAKE FULL RESPONSIBILITY FOR THE OPERATION OF A VEHICLE AT ALL TIMES CAN RESULT IN SERIOUS PERSONAL INJURY OR PROPERTY DAMAGE.
3.3 Limitation of Liability
IN NO EVENT WILL KEEPTRUCKIN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED HARDWARE WARRANTY OR FROM THE USE OF OR INABILITY TO USE THE HARDWARE EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY KEEPTRUCKIN FROM CUSTOMER FOR THE HARDWARE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KEEPTRUCKIN AND CUSTOMER.
TO THE FULLEST EXTENT PERMITTED BY LAW, KEEPTRUCKIN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS DISCLAIM AND WILL NOT BE LIABLE TO CUSTOMER UNDER THIS LIMITED HARDWARE WARRANTY OR FOR LIABILITY ARISING FROM OR RELATED TO THE HARDWARE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR (B) LOSS OF USE, DATA, BUSINESS, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), OR (C) DAMAGES FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE, REGARDLESS OF THE LEGAL THEORY AND REGARDLESS OF WHETHER KEEPTRUCKIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
3.4 Customer Jurisdiction
This Limited Hardware Warranty gives Customers specific legal rights, and Customers may also have legal rights that vary by jurisdiction. Some of the above limitations or exclusions may not be allowed in a Customer’s jurisdiction and may not apply to you. The terms of this Limited Hardware Warranty will apply to the extent permitted by applicable law.
Customers that are not satisfied with the service received under this Limited Hardware Warranty agree to resolve any dispute with KeepTruckin according to the dispute provisions in the Terms of Service.
5. Retail Return Policy
Retail Customers that are not satisfied with the Hardware may request to return the Hardware within seven (7) days of the Retail Purchase Date by contacting KeepTruckin support by email at firstname.lastname@example.org or by phone at 1-855-434-4564. KeepTruckin may issue a refund to Retail Customers if the Hardware is returned in its original condition and in accordance with the instructions issued by KeepTruckin support. Retail Customers will be responsible for the cost of shipping and insurance for returns. KeepTruckin reserves the right to charge a restocking fee for returned Hardware. Please review the Hardware Purchase Policy terms and conditions for Purchased Hardware at www.keeptruckin.com/hpp for more information regarding our policies and returns.
“Hardware” means the KeepTruckin devices listed below:
KeepTruckin’s Electronic Logging Device (“ELD”);
KeepTruckin’s cellular-connected Electronic Logging Device (“Cellular ELD“);
the cable sets delivered with an ELD or Cellular ELD (“Cables“); and
KeepTruckin’s smart dashboard camera (“Smart Dashcam“).
“Restoration Fee” means $25 with respect to any unit of Hardware, as KeepTruckin may update the amount from time to time.
“Return Fee” means (a) $149 with respect to an ELD (whether Purchased Hardware or Service-Packaged Hardware), (b) $200 with respect to a cELD (whether Purchased Hardware or Service-Packaged Hardware), (c) $200 with respect to a Smart Dashcam (whether Purchased Hardware or Service-Packaged Hardware) and (d) $50 with respect to Cables, as KeepTruckin may update these amounts from time to time.