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Motive Technologies Inc. Limited Hardware Warranty
Effective Date: April 12, 2022
Motive Technologies, Inc.. (“Motive“) provides the following limited warranty (the “Limited Hardware Warranty”“) to the original purchaser of Hardware, or, with respect to Service-Packaged Hardware, the purchaser and end user of the Services for which Motive provides Service-Packaged Hardware (“Customer”). Any terms not defined in this Limited Hardware Warranty will have the meaning set forth in the Motive Terms of Service located at www.gomotive.com/tos (the “Terms of Service”).
1. Limited Hardware Warranty
1.1 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 6).
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 in Motive’s discretion. The repair, replacement, or refund set forth in this Section is Customer’s sole and exclusive remedy for breach of this Limited Hardware Warranty. 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.
1.2 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.
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 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. Except with respect to Service-Packaged Hardware, for which Motive retains the title at all times, 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.
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, 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.
2.3 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.
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 Motive, posted to its website, or set forth in the Terms of Service, (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.
With respect to Service-Packaged Hardware, the Limited Hardware Warranty will only apply to the extent that Customer is paying for its recurring subscription fees. In the event that Customer stops paying its recurring subscription service fees, this Limited Hardware Warranty will terminate with respect to any Service-Packaged Hardware on Customer’s account.
The Limited Hardware Warranty does not cover (i) Internet connectivity with the Hardware, (ii) interruptions in electric power, or (iii) consumable parts, including batteries, (iv) sim cards, or (v) SD cards or memory cards.
3.3 Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THE LIMITED HARDWARE WARRANTY, MOTIVE 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 (I) OF 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 MOTIVE 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.
3.4 Limitation of Liability
IN NO EVENT WILL MOTIVE’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 MOTIVE FROM CUSTOMER FOR THE HARDWARE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOTIVE AND CUSTOMER.
TO THE FULLEST EXTENT PERMITTED BY LAW, MOTIVE 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 MOTIVE 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 Motive 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 Motive support by email at email@example.com or by phone at 1-855-434-4564. Motive may issue a refund to Retail Customers if the Hardware is returned in its original condition and in accordance with the instructions issued by Motive support. Retail Customers will be responsible for the cost of shipping and insurance for returns. Motive 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.gomotive.com/hpp for more information regarding our policies and returns.
“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”);
The cable sets delivered with a Vehicle Gateway (“Cables”);
Motive’s road-facing dashboard camera (“Road-Facing Smart Dashcam); and
Motive’s dual-facing dashboard camera (“Dual-Facing Smart Dashcam”).
“Purchased Hardware” means Hardware which Customer purchased outright and for which Customer (or a Lender, as applicable) has paid Motive, or its authorized retailers and resellers, as applicable, the full purchase price.
“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 a front facing Smart Dashcam, (c) $300 with respect to an Asset Gateway, (d) $400 with respect to a dual facing Smart Dashcam, and (e) $50 with respect to Cables, as Motive may update these amounts from time to time.
“Service-Packaged Hardware” means Hardware owned by Motive and provided to Customer as part of Customer’s agreement to purchase subscription services.
“Warranty Period” means the following durations with respect to the applicable piece of Hardware, in each case beginning on the Warranty Period Start Date:
Hardware Model // Service-Packaged Hardware Warranty Period // Purchased Hardware Warranty Period
- Vehicle Gateway (LBB-3CA and newer) // Duration of Customer’s subscription service term // Five (5) Years
- Road-Facing Smart Dashcam (DC-2 and newer) // Duration of Customer’s subscription service term // Five (5) Years
- Dual-Facing Smart Dashcam (DC-34 and newer) // Duration of Customer’s subscription service term // Five (5) Years
- Asset Gateway (AG-55 and newer) // Duration of Customer’s subscription service term // Five (5) Years
- All other Hardware not listed, including Cables and older Hardware models // Duration of Customer’s subscription service term // One (1) Year
“Warranty Period Start Date” means 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 Motive to Customer for Customers purchasing Services or Hardware directly from Motive or an authorized Motive reseller. 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.
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, (ii) include the new Smart Dashcam,