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Motive Technologies, Inc. Hardware Terms and Warranty
Effective Date: October 2, 2023
Motive Technologies, Inc. (“Motive“) provides the following Hardware Terms and Warranty which apply to the original purchaser of Hardware (“Customer”). Any terms not defined in this Hardware Terms and Warranty will have the meaning set forth in the Motive Terms of Service located at https://gomotive.com/legal/terms-of-service/ (the “Terms of Service” or “TOS”). The Hardware Terms and Warranty are incorporated by reference into the TOS.
1. Orders and Acceptance
To place an order for Hardware directly from Motive, you must enter into an Order Form. Motive may also require additional qualifying information prior to accepting or processing any order.
Your delivery and Motive’s receipt of your Order Form does not constitute acceptance by Motive, and an order is not considered accepted until Motive accepts the Order Form. Motive reserves the right at any time after receiving your order, but before shipping the requested Hardware, to accept or decline your order for any reason. If Motive cancels an order after you have already been billed, Motive will refund the billed amount.
2. Delivery, Title and Risk of Loss
Title and risk of loss to any Hardware (except with respect to the Software installed on the Hardware) will pass to Customer at the time the Hardware is picked up by a carrier from a Motive location (i.e. F.O.B. Origin). Notwithstanding the foregoing, if Hardware is damaged in transit, Motive will cover the costs of replacement. Any delivery dates or times provided by Motive (or a delivery agent) are estimates and not guaranteed, unless otherwise agreed to when Motive accepts your Order Form. Motive shall not be liable for any late or delayed delivery of your Hardware.
3. Refund and Return Policy for Hardware Sales
On a case-by-case basis, Motive reserves the right to authorize, but Customer does not have a right to, a full refund of any Hardware purchase made where a refund is requested within seven (7) days of the date on which the Customer receives the Hardware. In such cases where a refund is approved, Customer will return the Hardware to Motive. Customer is responsible for shipping and insurance charges and any damage to the Hardware which takes place en route to Motive. Motive reserves the right to charge a restocking fee for any such returns.
In order to return your Hardware for a refund, you must, at your own expense, package and return the Hardware in its original box and packaging, and the Hardware must be returned in its original condition.
4. Hardware Not for Resale
The Hardware may not be purchased for resale purposes by Customer unless Customer is a legal and authorized reseller of Motive products or otherwise with Motive written approval.
5. Limited Hardware Warranty
5.1 Limited Warranty
Motive warrants to Customer that any Hardware shall be free of defects in materials and workmanship, for the duration of the applicable Warranty Period (as defined in Section 9.4).
If the Hardware fails to conform to this Limited Hardware Warranty during the Warranty Period, Motive will, at its discretion, (i) repair or replace any defective Hardware or component or (ii) if the Hardware is no longer available and repair is not possible, refund the purchase price less reasonable depreciation based on actual use.
Repair or replacement may be made with a new or refurbished product or component at Motive’s discretion. Any Hardware that has been repaired or replaced under the terms of this Limited Hardware Warranty will be covered by the terms of this Limited Hardware Warranty for the remainder of the Warranty Period, if any.
This Limited Hardware Warranty will only apply to the actual purchaser and end user of the Hardware, and this Limited Hardware Warranty is not available for products that were purchased used or from any source other than Motive or an authorized reseller or retailer.
5.2 Hardware Upgrades
In the event that Customer is entitled to a replacement under the terms of this Limited Hardware Warranty and either (i) Motive replaces the Hardware with upgraded Hardware or (ii) Customer requests that Motive replace the Hardware with upgraded Hardware, and Motive fulfills such request, Motive may charge an additional fee for the upgraded Hardware based on the upgraded Hardware’s purchase price and, upon Customer’s return of the old units, provide Customer with a rebate equal to the purchase price of the old units, less reasonable depreciation based on actual use, in the form of a credit on its account or otherwise.
6. Warranty Claim Procedure
6.1 How to Make a Claim
In order to make a claim under this Limited Hardware Warranty, Customer must report any defect to Motive by email at firstname.lastname@example.org or by phone at 1-855-434-4564. Upon receipt of such report, Motive 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, Motive shall, within fifteen (15) days, send a replacement unit of Hardware to Customer, at Motive’s expense. Upon the determination that there is a defect, Motive 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 Motive. Customer must contact Motive and receive an RMA number to be eligible for any replacement or repair under this Limited Hardware Warranty. Title to defective Hardware shall pass to Motive 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.
6.2 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 the 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, Motive shall have the right to charge Customer the Replacement 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 Motive, Motive may charge Customer the Restoration Fee.
6.3 Data on Returned Devices
Upon return of any Hardware, Motive may delete all data stored on the Hardware, and Motive is not responsible for any loss of data on returned Hardware.
7.1 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 Motive, posted to its website, or set forth in the Terms of Service (“TOS”), (c) tampered with, abused, improperly maintained, or otherwise damaged in a way outside of Motive’s control, (d) installed or de-installed without following Motive’s written instructions, (e) used with the Services not in the ordinary course of Customer’s business operations, (f) connected to an improper voltage supply, (g) used with accessories and/or devices which are not expressly approved by Motive, or (h) used with incorrect or unauthorized Cables.
The Parties acknowledge that the AI Omnicam is positioned outside of the vehicle and may become damaged in collisions with other vehicles, by items while the vehicle is in motion or items while the vehicle is not in motion. Motive does not warrant and is not responsible for damaged AI Omnicams arising from improper installation which is not completed by a Motive Installer or collision damage described above. Notwithstanding the foregoing, Replacement Hardware may be provided to Customer in the above mentioned situations with the Replacement Fee assessed.
The Limited Hardware Warranty does not cover (i) cosmetic damage, including, but not limited to scratches, dents and broken plastic on ports, (ii) damage caused by accident, abuse, misuse, neglect or failure to properly maintain (to include but not limited to water damage and/or condensation or improper temperatures during storage), or improper installation; (iii) Internet connectivity with the Hardware, (iv) interruptions in electric power, (v) consumable parts, including batteries, (iv) sim cards, or (vii) SD cards or memory cards, or (viii) damage caused during shipment (due to Customer’s improper packaging) from Customer to Motive in the case of Hardware returns for repair.
8. Cable Sets
a. Motive Replacement
If Motive provides Customer with the wrong set of Cables due to no fault of Customer, Customer may, within thirty (30) days of receipt of the Cables, request a replacement set of Cables. Motive will, within fifteen (15) days of Customer’s request, send a replacement set of Cables. Customer must package and return the original Cables within thirty (30) days of Customer’s request. If the original Cables are (a) not returned within thirty (30) days or (b) show evidence of use, Motive will have the right to charge Customer a Replacement Fee.
b. Customer Replacement
If Customer orders replacement Cables for any other reason, Customer may return original Cables that are in new or like-new condition for a credit equal to the current retail price for the original Cables.
“Hardware” means the Motive devices listed below:
- Motive’s electronic asset tracking device (“Asset Gateway”);
- Motive’s vehicle gateway hardware (which, when coupled with the Software, may functions as an electronic logging device (ELD)) (“Vehicle Gateway”);
- Motive’s smart road-facing dashboard camera (“Road-Facing Smart Dashcam);
- Motive’s smart dual-facing dashboard camera (“Dual-Facing Smart Dashcam”);
- Motive’s AI road-facing dashboard camera (AI Road-Facing Dashcam”);.
- Motive’s AI dual-facing dashboard camera (AI Dual-Facing Dashcam”);
- Motive’s 360 degrees outside camera (“AI Omnicam”);
- Motive’s temperature and humidity sensors (“Environmental Sensor”);
- Motive mini asset tracking device (“Asset Gateway Mini” or “AG Mini”); and
- The cable sets delivered with all above listed hardware units and Thermo King cable (“Cables”).
“Restoration Fee” means $25 with respect to any unit of Hardware, as Motive may update the amount from time to time.
“Replacement Fee” means:
(a) $150 with respect to a Vehicle Gateway,
(b) $300 with respect to an Asset Gateway,
(c) $250 with respect to an Road-facing Smart Dashcam,
(d) $350 with respect to a Dual-facing Smart Dashcam,
(e) $350 with respect to an AI Road-facing Dashcam,
(f) $450 with respect to an AI Dual-facing Dashcam,
(g) $99 with respect to an Environmental Sensor,
(h) $499 with respect to an AI Omnicam,
(i) $150 with respect to an AG Mini, and
(j) $50 with respect to Cables, (except for the Thermo King cable, which is $99).
“Warranty Period” means, unless otherwise specifically provided herein or an applicable Order Form, five (5) years following the Warranty Period Start Date. All Cables have a Warranty Period of One (1) Year.
“Warranty Period Start Date” means either the date of dispatch from Motive or authorized reseller to Customer. In the event that Customer receives the Hardware as part of a free trial, the Warranty Period Start Date will be the date of dispatch of the Hardware from Motive.
October 02, 2023 – The Limited Hardware Warranty was updated to: (i) remove all mention of Service-Packaged Hardware as Motive no longer offers that program; (ii) remove all mention of Retail purchases as Motive no longer offers that option, (iii) add terms concerning Motive’s new products – AI dashboard cameras, Environmental Sensor, AI Omnicam and AG Mini; (iv) remove sections that are already addressed in the TOS (Warranty Disclaimer, Limitation of Liability, Customer Jurisdiction, and Disputes), (v) update the links to the TOS, and (vi) merge the Hardware Terms by adding the following sections: Orders and Acceptance, Delivery, Title and Risk of Loss, Shipment, Limited Warranty exclusions, Refund and Return Policy for Hardware Sales, Hardware Not for Resale, and Cable Sets.
April 12, 2022 – The Limited Hardware Warranty was updated to reflect that KeepTruckin, Inc. has rebranded as Motive Technologies, Inc.
August 6, 2019 – The Limited Hardware Warranty was updated to include: (i) an increase in the warranty terms for new Hardware models; (ii) terms related to the new Asset Gateway, new Dual-Facing Dashcam, and other hardware nomenclature changes; (iii) terms related to outdated Hardware and Hardware upgrades; (iv) clarifications with respect to Service-Packaged Hardware and Purchased Hardware; and (v) terms related to sim cards and SD cards, which KeepTruckin, Inc. does not warrant.
April 1, 2019 – The Limited Hardware Warranty was updated to: (i) clarify warranty claims procedures, and (ii) include the new Smart Dashcam.